By:  Bonnen                                                       H.B. No. 2510



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of on-site sewage disposal systems and 
the maintenance of those systems; imposing administrative and 
criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 366.0515, Health and Safety Code, is 
amended by amending Subsection (g) and adding Subsections (h), (i), 
and (j) to read as follows:
	(g)  The owner of a single-family residence located in a 
county with a population of less than 40,000 shall maintain the 
system directly or through a maintenance contract.  If the owner 
elects to maintain the system directly, the owner must obtain 
training in system maintenance from the authorized agent or the 
installer.  The commission shall adopt rules governing:
		(1)  the training in system maintenance to be provided 
to an owner who elects to maintain the system directly; and
		(2)  the maintenance of a system by the owner of the 
system.         
	(h)  If, under Subsection (b), an authorized agent or the 
commission conditions approval of a permit for an on-site sewage 
disposal system using aerobic treatment on the system's owner 
contracting for the maintenance of the system, the order, 
resolution, or rule may require the maintenance company to:
		(1)  inspect the system at specified intervals;                        
		(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 a provision of an 
order, resolution, or rule described by 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 that order, resolution, or 
rule is $200, and the amount of the penalty for each subsequent 
violation is $500.
	(j)  If a maintenance company violates an order, resolution, 
or rule described by 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.                                     
	SECTION 2.  Section 366.071(a), Health and Safety Code, is 
amended to read as follows:
	(a)  A person who constructs, installs, alters, extends, 
services, maintains, or repairs an on-site sewage disposal system 
or any part of an on-site sewage disposal system for compensation 
must hold a license or registration issued by the commission under 
Chapter 37, Water Code.
	SECTION 3.  Subchapter E, Chapter 7, Water Code, is amended 
by adding Section 7.1735 to read as follows:
	Sec. 7.1735.  VIOLATION RELATING TO MAINTENANCE OF SEWAGE 
DISPOSAL SYSTEM.  (a)  A person commits an offense if the person 
knowingly violates an order or resolution adopted by an authorized 
agent under Section 366.0515, Health and Safety Code.
	(b)  An offense under this section is a Class C misdemeanor.            
	SECTION 4.  Section 366.071(d), Health and Safety Code, is 
repealed.         
	SECTION 5.  (a)  The changes in law made by this Act apply 
only to a violation committed on or after the effective date of this 
Act.  For purposes of this section, a violation is committed before 
the effective date of this Act if any element of the violation 
occurs before that date.
	(b)  A violation committed before the effective date of this 
Act is covered by the law in effect when the violation was 
committed, and the former law is continued in effect for that 
purpose.
	SECTION 6.  The Texas Commission on Environmental Quality 
shall be prepared to accept applications for licenses or 
registrations described by Section 366.071(a), Health and Safety 
Code, as amended by this Act, not later than December 1, 2005.
	SECTION 7.  (a)  Except as provided by Subsection (b) of this 
section, this Act takes effect September 1, 2005.
	(b)  Section 2 of this Act takes effect March 1, 2006.