H.B. No. 2510
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 Subsections (a) and (g) and adding Subsections
(h), (i), (j), (k), (l), (m), (n), and (o) 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 directly or through a maintenance contract. 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 the owner of an on-site sewage disposal system using
aerobic treatment for a single-family residence elects to maintain
the system directly, the owner must obtain from the manufacturer or
installer of the system an amount of on-site training specified by
commission rule not to exceed six hours, either at the time of
acceptance of the system from the installer or at the time of an
on-site maintenance visit by a maintenance company under the
initial term of the maintenance contract for the system, if
applicable. The training must include instruction regarding the
importance to public health and safety of proper maintenance of the
system and a demonstration of the procedure for performing a
scheduled maintenance. On the owner's completion of the training,
the manufacturer or installer shall provide the owner with a
certificate or letter stating that the owner has received the
required training. An owner who elects to maintain the owner's
system is subject to any inspection and reporting requirements
imposed by an authorized agent or the commission under Subsection
(k) applicable to a maintenance company that contracts to maintain
a system. If the residence is sold, the new owner, not later than
the 30th day after the date the owner takes possession of the
property, must obtain the training required by this subsection from
an installer certified by the manufacturer of the system under
Subsection (n) or contract with a maintenance company for the
maintenance of the system.
(i) An authorized agent or the commission may periodically
inspect an on-site sewage disposal system using aerobic treatment
for a single-family residence that is maintained directly by the
owner of the system. The commission by rule may specify the
procedure for conducting the inspections and the frequency with
which inspections must be conducted, except that inspections may
not be required more often than once every five years.
(j) Notwithstanding Subsections (a) and (b), an authorized
agent or the commission may condition the permit or the approval of
a permit for an on-site sewage disposal system using aerobic
treatment for a single-family residence on the owner's contracting
with a maintenance company for the maintenance of the system if:
(1) the authorized agent or commission determines that
the system is a nuisance or has failed a periodic inspection under
Subsection (i);
(2) the owner fails to timely inspect the system or
submit a report on the inspection as required by Subsection (k), if
applicable, for three consecutive intervals; or
(3) the owner is notified under Section 366.017 at
least three times during a 12-month period that the system is
malfunctioning.
(k) 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.
(l) A maintenance company that violates a provision of an
order, resolution, or rule described by Subsection (k) 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.
(m) If a maintenance company violates an order, resolution,
or rule described by Subsection (k) 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.
(n) 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.
(o) Subsection (n) 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.]
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 March 1, 2006.
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 September 1, 2006.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2510 was passed by the House on April
21, 2005, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2510 on May 26, 2005, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2510 on May 29, 2005, by a
non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2510 was passed by the Senate, with
amendments, on May 23, 2005, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
2510 on May 29, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor