HBA-MPM H.B. 3760 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3760 By: Wohlgemuth Environmental Regulation 4/14/1999 Introduced BACKGROUND AND PURPOSE Current law does not authorize the Texas Natural Resource Conservation Commission (TNRCC) to license and train designated representatives and site evaluators for on-site waste disposal systems evaluations. TNRCC may need this authority In order to prevent health hazards and ensure quality surface and ground water supplies. H.B. 3760 requires TNRCC to certify site evaluators and designated representatives. Furthermore, the bill defines "site evaluator" and "designated representative." The bill also requires that TNRCC establish a training program for site evaluators and designated representatives. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that the rulemaking authority previously delegated to the Texas Natural Resource Conservation Commission is modified in SECTION 3 (Section 366.012, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 366.002(3), Health and Safety Code, to redefine "designated representative" as a person designated by the Texas Natural Resource Conservation Commission. (TNRCC) or authorized agent to conduct or review site evaluations, rather than to make percolation tests, as well as review system designs, and make inspections subject to TNRCC's approval. SECTION 2. Amends Subchapter A, Chapter 366, Health and Safety Code, by adding Section 366.002(10), as follows: (10) Defines "site evaluator" as an individual holding a valid certificate with the agency and who visits a site and conducts a pre-construction site evaluation which includes performing soil analysis, a site survey, and other criteria necessary to determine the suitability of the site for a specific on-site sewage disposal system. SECTION 3. Amends Section 366.012, Health and Safety Code, to include site evaluators and designated representatives among those persons for whom TNRCC is required to adopt rules governing the installation of on-site sewage disposal systems. SECTION 4. Amends Section 366.013, Health and Safety Code, to include site evaluators and delete authorized agents from those persons for whom TNRCC is required to establish a training program. SECTION 5. Amends Section 366.014, Health and Safety Code, to make conforming changes. SECTION 6. Amends Subchapter E, Chapter 366, Health and Safety Code, as follows: SUBCHAPTER E. New title: REGISTRATION SECTION 7. Amends Section 366.071, Health and Safety Code, to make a conforming change. SECTION 8. Amends Section 366.073, Health and Safety Code, to make a conforming change. SECTION 9. Amends Section 366.075, Health and Safety Code, to make a conforming change. SECTION 10. Amends Section 366.078, Health and Safety Code, to make a conforming change. SECTION 11.Emergency clause. Effective date: upon passage.