1-1     By:  Brown                                            S.B. No. 1300
 1-2           (In the Senate - Filed March 11, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Natural Resources;
 1-4     April 9, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 4, Nays 0; April 9, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1300                   By:  Brown
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the permitting of discharges from certain sewage
1-11     treatment and disposal systems in certain counties.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter B, Chapter 26, Water Code, is amended
1-14     by adding Section 26.0405 to read as follows:
1-15           Sec. 26.0405.  GENERAL PERMITS FOR CERTAIN SEWAGE TREATMENT
1-16     AND DISPOSAL SYSTEMS.  (a)  To the extent  not in conflict with
1-17     state water quality standards or federal law, the commission shall
1-18     issue one or more general permits for the discharge of treated
1-19     sewage into or adjacent to water in this state by a sewage
1-20     treatment and disposal system if the system:
1-21                 (1)  produces not more than 5,000 gallons of waste each
1-22     day;
1-23                 (2)  is in a county  with a population of 2.8 million
1-24     or more that is an authorized agent under Chapter 366, Health and
1-25     Safety Code, and that has:
1-26                       (A)  adopted a resolution under Section 7.352
1-27     that authorizes the county to exercise enforcement power under
1-28     Subchapter H, Chapter 7; and
1-29                       (B)  entered into an agreement with the
1-30     commission to inspect, investigate, and otherwise monitor
1-31     compliance with the permit;
1-32                 (3)  provides sewage treatment and disposal for a
1-33     single-family residence for which the commission determines a
1-34     connection to an existing or proposed area-wide or regional waste
1-35     collection, treatment, and disposal system is not feasible; and
1-36                 (4)  is on a property that:
1-37                       (A)  was subdivided and developed before January
1-38     1, 1979; and
1-39                       (B)  is of insufficient size to accommodate
1-40     on-site disposal of all wastewater in compliance with Chapter 366,
1-41     Health and Safety Code.
1-42           (b)  A person who discharges under a permit issued under this
1-43     section is not required to hold a certificate of competency issued
1-44     under Section 26.0301.
1-45           (c)  For a permit issued under this section, the commission
1-46     shall for each system:
1-47                 (1)  specify the design, operation, and maintenance
1-48     requirements; and
1-49                 (2)  establish the primary and secondary treatment
1-50     requirements.
1-51           (d)  A system for which a permit is issued under this section
1-52     is subject to design criteria established under Chapter 366, Health
1-53     and Safety Code, and is not subject to design criteria established
1-54     under Section 26.034.
1-55           SECTION 2.  The importance of this legislation and the
1-56     crowded condition of the calendars in both houses create an
1-57     emergency and an imperative public necessity that the
1-58     constitutional rule requiring bills to be read on three several
1-59     days in each house be suspended, and this rule is hereby suspended,
1-60     and that this Act take effect and be in force from and after its
1-61     passage, and it is so enacted.
1-62                                  * * * * *