Amend HB 2510 by striking SECTION 1 of the bill (Senate
committee printing page 1, lines 12-53) and substituting the
following:
SECTION 1. Section 366.0515, Health and Safety Code, is
amended by amending Subsections (a) and (g) and adding Subsections
(h), (i), (j), (k), and (l) to read as follows:
(a) An authorized agent or the commission may not condition
a permit or the approval of a permit for an on-site sewage disposal
system using aerobic treatment for a single-family residence
[located in a county with a population of less than 40,000] on the
system's owner contracting for the maintenance of the system.
(g) The owner of a single-family residence [located in a
county with a population of less than 40,000] shall maintain the
system:
(1) directly in accordance with information provided
by the installer of the system under Subsection (f); or
(2) through a maintenance contract.
(h) A maintenance company that maintains a system for a
single-family residence under a contract as provided by Subsection
(g)(2) shall:
(1) inspect the system at intervals specified by the
authorized agent or the commission;
(2) submit a report on each inspection to the
authorized agent or commission; and
(3) provide a copy of each report submitted under
Subdivision (2) to the system's owner.
(i) A maintenance company that violates Subsection (h) is
subject to an administrative penalty. The commission may recover
the penalty in a proceeding conducted as provided by Subchapter C,
Chapter 7, Water Code, or the authorized agent may recover the
penalty in a proceeding conducted under an order or resolution of
the agent. Notwithstanding Section 7.052, Water Code, the amount
of the penalty for the first violation of Subsection (h) is $200,
and the amount of the penalty for each subsequent violation is $500.
(j) If a maintenance company violates Subsection (h) three
or more times, the commission, in the manner provided by Subchapter
G, Chapter 7, Water Code, may revoke the license or registration of
the maintenance company or any person employed by the maintenance
company issued under:
(1) Section 26.0301, Water Code;
(2) Chapter 37, Water Code; or
(3) Section 366.071 of this code.
(k) A person must be certified by the manufacturer of an
on-site sewage disposal system using aerobic treatment to maintain
the system under a maintenance contract with the owner of the system
or to provide training to the owner in maintenance of the system. A
manufacturer may not unreasonably withhold certification and,
except as otherwise provided by this subsection, must offer the
certification to persons who are not employees of the manufacturer
on the same terms as the manufacturer offers the certification to
the manufacturer's employees. To be certified by a manufacturer, a
person who is not an employee must:
(1) successfully complete a course approved by the
commission that provides up to 32 hours of training in maintenance
of on-site sewage disposal systems using aerobic treatment;
(2) be employed by a maintenance company at least one
employee of which holds a license as:
(A) an installer, if the commission recognizes
only one level of installer; or
(B) the highest level of installer recognized by
the commission, if the commission recognizes more than one level of
installer;
(3) meet all of the manufacturer's criteria and
requirements for entering into a business relationship; and
(4) satisfactorily complete any other reasonable
requirements imposed by the manufacturer for certification.
(l) Subsection (k) does not allow the commission or an
authorized agent to dictate to the manufacturer of on-site sewage
disposal systems using aerobic treatment the person who is
authorized to maintain the systems or to provide training in
maintenance of the systems in a particular area. That subsection
merely facilitates the expansion of the pool of persons who are
qualified to maintain or to provide training in maintenance of
those systems and protects the rights of owners and manufacturers
of those systems. [If the owner elects to maintain the system
directly, the owner must obtain training in system maintenance from
the authorized agent or the installer.]