76R10978 MXM-F                           
         By Bosse                                              H.B. No. 1574
         Substitute the following for H.B. No. 1574:
         By Counts                                         C.S.H.B. No. 1574
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the permitting of discharges from certain sewage
 1-3     treatment and disposal systems in certain counties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 26, Water Code, is amended
 1-6     by adding Section 26.0405 to read as follows:
 1-7           Sec. 26.0405.  GENERAL PERMITS FOR CERTAIN SEWAGE TREATMENT
 1-8     AND DISPOSAL SYSTEMS.  (a)  To the extent  not in conflict with
 1-9     state water quality standards or federal law, the commission shall
1-10     issue one or more general permits for the discharge of treated
1-11     sewage into or adjacent to water in this state by a sewage
1-12     treatment and disposal system if the system:
1-13                 (1)  produces not more than 5,000 gallons of waste each
1-14     day;
1-15                 (2)  is in a county  with a population of 2.8 million
1-16     or more that is an authorized agent under Chapter 366, Health and
1-17     Safety Code, and that has:
1-18                       (A)  adopted a resolution under Section 7.352
1-19     that authorizes the county to exercise enforcement power under
1-20     Subchapter H, Chapter 7; and
1-21                       (B)  entered into an agreement with the
1-22     commission to inspect, investigate, and otherwise monitor
1-23     compliance with the permit;
1-24                 (3)  provides sewage treatment and disposal for a
 2-1     single-family residence for which the commission determines a
 2-2     connection to an existing or proposed area-wide or regional waste
 2-3     collection, treatment, and disposal system is not feasible; and
 2-4                 (4)  is on a property that:
 2-5                       (A)  was subdivided and developed before January
 2-6     1, 1979; and
 2-7                       (B)  is of insufficient size to accommodate
 2-8     on-site disposal of all wastewater in compliance with Chapter 366,
 2-9     Health and Safety Code.
2-10           (b)  A person who discharges under a permit issued under this
2-11     section is not required to hold a certificate of competency issued
2-12     under Section 26.0301.
2-13           (c)  For a permit issued under this section, the commission
2-14     shall for each system:
2-15                 (1)  specify the design, operation, and maintenance
2-16     requirements; and
2-17                 (2)  establish the primary and secondary treatment
2-18     requirements.
2-19           (d)  A system for which a permit is issued under this section
2-20     is subject to design criteria established under Chapter 366, Health
2-21     and Safety Code, and is not subject to design criteria established
2-22     under Section 26.034.
2-23           SECTION 2.  The importance of this legislation and the
2-24     crowded condition of the calendars in both houses create an
2-25     emergency and an imperative public necessity that the
2-26     constitutional rule requiring bills to be read on three several
2-27     days in each house be suspended, and this rule is hereby suspended,
 3-1     and that this Act take effect and be in force from and after its
 3-2     passage, and it is so enacted.