HBA-RBT H.B. 1654 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1654
By: Maxey
Natural Resources
3/27/1999
Introduced



BACKGROUND AND PURPOSE 

Prior to 1996, criminal prosecutions were authorized for violations of
state or county regulations regarding on-site sewage disposal systems.  The
local county health and human services department enforced the rules by
approving the design, inspecting the installation, and responding to
complaints involving the operation of these systems.  Enforcement was
through the filing of criminal complaints in justice of the peace courts.
In 1996, sections of the Water Code and the Health and Safety Code were
repealed, and criminal prosecutions were no longer possible.  H.B. 1654
reinstates the authority of county attorneys to prosecute violations of
these regulations. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter E, Chapter 7, Water Code, by adding Section
7.1735, as follows: 

Sec.  7.1735.  VIOLATION OF RULE OR ORDER RELATING TO SEWAGE DISPOSAL
SYSTEM.  Provides that a person commits a Class C misdemeanor if the person
violates a rule adopted by the Texas Natural Resource Conservation
Commission under Chapter 366, Health and Safety Code (On-Site Sewage
Disposal Systems), or an order or resolution adopted by an authorized agent
under Subchapter C, Chapter 366, Health and Safety Code (Designation of
Local Government Entity as Authorized Agent). 

SECTION 2.  Amends Section 7.189, Water Code, to provide that venue for
prosecution of alleged violations described by Section 7.1735, Water Code,
is in justice court. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Emergency clause.