1-1     By:  Bosse (Senate Sponsor - Brown)                   H.B. No. 1574
 1-2           (In the Senate - Received from the House April 19, 1999;
 1-3     April 20, 1999, read first time and referred to Committee on
 1-4     Natural Resources; May 5, 1999, reported favorably by the following
 1-5     vote:  Yeas 6, Nays 0; May 5, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the permitting of discharges from certain sewage
 1-9     treatment and disposal systems in certain counties.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subchapter B, Chapter 26, Water Code, is amended
1-12     by adding Section 26.0405 to read as follows:
1-13           Sec. 26.0405.  GENERAL PERMITS FOR CERTAIN SEWAGE TREATMENT
1-14     AND DISPOSAL SYSTEMS.  (a)  To the extent  not in conflict with
1-15     state water quality standards or federal law, the commission shall
1-16     issue one or more general permits for the discharge of treated
1-17     sewage into or adjacent to water in this state by a sewage
1-18     treatment and disposal system if the system:
1-19                 (1)  produces not more than 5,000 gallons of waste each
1-20     day;
1-21                 (2)  is in a county  with a population of 2.8 million
1-22     or more that is an authorized agent under Chapter 366, Health and
1-23     Safety Code, and that has:
1-24                       (A)  adopted a resolution under Section 7.352
1-25     that authorizes the county to exercise enforcement power under
1-26     Subchapter H, Chapter 7; and
1-27                       (B)  entered into an agreement with the
1-28     commission to inspect, investigate, and otherwise monitor
1-29     compliance with the permit;
1-30                 (3)  provides sewage treatment and disposal for a
1-31     single-family residence for which the commission determines a
1-32     connection to an existing or proposed area-wide or regional waste
1-33     collection, treatment, and disposal system is not feasible; and
1-34                 (4)  is on a property that:
1-35                       (A)  was subdivided and developed before January
1-36     1, 1979; and
1-37                       (B)  is of insufficient size to accommodate
1-38     on-site disposal of all wastewater in compliance with Chapter 366,
1-39     Health and Safety Code.
1-40           (b)  A person who discharges under a permit issued under this
1-41     section is not required to hold a certificate of competency issued
1-42     under Section 26.0301.
1-43           (c)  For a permit issued under this section, the commission
1-44     shall for each system:
1-45                 (1)  specify the design, operation, and maintenance
1-46     requirements; and
1-47                 (2)  establish the primary and secondary treatment
1-48     requirements.
1-49           (d)  A system for which a permit is issued under this section
1-50     is subject to design criteria established under Chapter 366, Health
1-51     and Safety Code, and is not subject to design criteria established
1-52     under Section 26.034.
1-53           SECTION 2.  The importance of this legislation and the
1-54     crowded condition of the calendars in both houses create an
1-55     emergency and an imperative public necessity that the
1-56     constitutional rule requiring bills to be read on three several
1-57     days in each house be suspended, and this rule is hereby suspended,
1-58     and that this Act take effect and be in force from and after its
1-59     passage, and it is so enacted.
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