By:  Brown                                            S.B. No. 1300
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the permitting of discharges from certain sewage
 1-2     treatment and disposal systems in certain counties.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter B, Chapter 26, Water Code, is amended
 1-5     by adding Section 26.0405 to read as follows:
 1-6           Sec. 26.0405.  GENERAL PERMITS FOR CERTAIN SEWAGE TREATMENT
 1-7     AND DISPOSAL SYSTEMS.  (a)  To the extent  not in conflict with
 1-8     state water quality standards or federal law, the commission shall
 1-9     issue one or more general permits for the discharge of treated
1-10     sewage into or adjacent to water in this state by a sewage
1-11     treatment and disposal system if the system:
1-12                 (1)  produces not more than 5,000 gallons of waste each
1-13     day;
1-14                 (2)  is in a county  with a population of 2.8 million
1-15     or more that is an authorized agent under Chapter 366, Health and
1-16     Safety Code, and that has:
1-17                       (A)  adopted a resolution under Section 7.352
1-18     that authorizes the county to exercise enforcement power under
1-19     Subchapter H, Chapter 7; and
1-20                       (B)  entered into an agreement with the
1-21     commission to inspect, investigate, and otherwise monitor
1-22     compliance with the permit;
1-23                 (3)  provides sewage treatment and disposal for a
1-24     single-family residence for which the commission determines a
 2-1     connection to an existing or proposed area-wide or regional waste
 2-2     collection, treatment, and disposal system is not feasible; and
 2-3                 (4)  is on a property that:
 2-4                       (A)  was subdivided and developed before January
 2-5     1, 1979; and
 2-6                       (B)  is of insufficient size to accommodate
 2-7     on-site disposal of all wastewater in compliance with Chapter 366,
 2-8     Health and Safety Code.
 2-9           (b)  A person who discharges under a permit issued under this
2-10     section is not required to hold a certificate of competency issued
2-11     under Section 26.0301.
2-12           (c)  For a permit issued under this section, the commission
2-13     shall for each system:
2-14                 (1)  specify the design, operation, and maintenance
2-15     requirements; and
2-16                 (2)  establish the primary and secondary treatment
2-17     requirements.
2-18           (d)  A system for which a permit is issued under this section
2-19     is subject to design criteria established under Chapter 366, Health
2-20     and Safety Code, and is not subject to design criteria established
2-21     under Section 26.034.
2-22           SECTION 2.  The importance of this legislation and the
2-23     crowded condition of the calendars in both houses create an
2-24     emergency and an imperative public necessity that the
2-25     constitutional rule requiring bills to be read on three several
2-26     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.