By Wohlgemuth H.B. No. 3760
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirements for a designated representative and
1-3 for a site evaluator.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 366.002(3), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (3) "Designated representative" means a person who is
1-8 designated by the commission or authorized agent to [make
1-9 percolation tests,] conduct or review site evaluations, review
1-10 system designs, and to make inspections subject to the commission's
1-11 approval.
1-12 SECTION 2. Subchapter A, Chapter 366, Health and Safety
1-13 Code, is amended by adding Section 366.002(10) as follows:
1-14 (10) "Site evaluator" -An individual who holds a valid
1-15 certificate with the agency and visits a site and conducts a
1-16 pre-construction site evaluation which includes performing soil
1-17 analysis, a site survey, and other criteria necessary to determine
1-18 the suitability of a site for a specific on-site sewage disposal
1-19 system.
1-20 SECTION 3. Section 366.012, Health and Safety Code, is
1-21 amended to read as follows:
2-1 (a) To assure the effective and efficient administration of
2-2 this chapter, the commission shall:
2-3 (3) adopt rules governing the installation of on-site
2-4 sewage disposal systems, including rules concerning the:
2-5 (A) review and approval of on-site sewage
2-6 disposal systems;
2-7 (B) registration of installers, site evaluators
2-8 and designated representatives; and
2-9 (C) temporary waiver of a permit for an
2-10 emergency repair; and
2-11 SECTION 4. Section 366.013, Health and Safety Code, is
2-12 amended to read as follows:
2-13 (a) The commission shall establish a training program
2-14 specifically developed for installers, site evaluators, [authorized
2-15 agents,] and designated representatives.
2-16 SECTION 5. Section 366.014, Health and Safety Code, is
2-17 amended to read as follows:
2-18 (a) The commission or an authorized agent may designate a
2-19 person to [make percolation tests,] conduct or review site
2-20 evaluations, review systems designs, and to make inspections
2-21 subject to the approval of the commission.
2-22 (b) To qualify as a designated representative, a person
2-23 must:
2-24 (1) demonstrate to the commission's satisfaction the
2-25 person's competency to conduct or review site evaluations and [make
3-1 percolation tests,] review designs, and to make inspections for
3-2 on-site sewage disposal systems in accordance with this chapter and
3-3 rules adopted under this chapter;
3-4 SECTION 6. Subchapter E, Chapter 366, Health and Safety
3-5 Code, is amended to read as follows:
3-6 SUBCHAPTER E. REGISTRATION [OF INSTALLERS]
3-7 SECTION 7. Section 366.071, Health and Safety Code, is
3-8 amended to read as follows:
3-9 A person may not operate as an installer, designated
3-10 representative or a site evaluator in this state unless the person
3-11 is registered by the commission.
3-12 SECTION 8. Section 366.073, Health and Safety Code, is
3-13 amended to read as follows:
3-14 (a) The commission shall issue or authorize the issuance of
3-15 registrations and other documents.
3-16 (b) The commission shall issue a registration to an
3-17 installer, designated representative and site evaluator if the
3-18 installer, designated representative or site evaluator:
3-19 (1) completes an application form that complies with
3-20 this chapter and rules adopted under this chapter; and
3-21 (2) completes the training program provided by the
3-22 commission.
3-23 SECTION 9. Section 366.075, Health and Safety Code, is
3-24 amended to read as follows:
3-25 Each installer or site evaluator shall furnish proof of
4-1 registration if requested by the commission, an authorized agent,
4-2 or a designated representative.
4-3 SECTION 10. Section 366.078, Health and Safety Code, is
4-4 amended to read as follows:
4-5 On request, the commission semiannually shall:
4-6 (1) disseminate to the public an official roster of
4-7 registered installers designated representatives and site
4-8 evaluators; and
4-9 (2) provide to authorized agents a monthly update of
4-10 the roster.
4-11 SECTION 11. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended,
4-16 and that this Act take effect and be in force from and after its
4-17 passage, and it is so enacted.