79R6676 SMH-D
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. Subchapter A, Chapter 366, Health and Safety
Code, is amended by adding Section 366.006 to read as follows:
Sec. 366.006. ADVISORY COUNCIL. (a) The commission shall
appoint an advisory council to advise the commission regarding the
adoption of rules under, the administration of, and the enforcement
of the requirements of this chapter and Chapter 37, Water Code, to
the extent the chapters govern the regulation, design, planning,
construction, installation, operation, licensing, maintenance, and
inspection of on-site sewage disposal systems.
(b) The advisory council consists of six members as follows:
(1) two licensed installers who are actively engaged
in the installation of on-site sewage disposal systems and who have
not less than five years of experience in that field on the date of
appointment;
(2) two licensed site evaluators who are actively
engaged in the determination of the suitability of sites for
on-site sewage disposal systems and who have not less than five
years of experience in that field on the date of appointment; and
(3) two persons who are actively engaged in testing
and inspecting on-site sewage disposal systems and who have not
less than five years of experience in that field on the date of
appointment.
(c) The commission shall adjust the amount of the fees
established under this chapter as necessary to cover the costs of
administering this section, including the cost of reimbursing
members of the advisory council for travel expenses.
(d) A member of the advisory council is not entitled to
compensation for serving on the council but is entitled to
reimbursement for reasonable expenses incurred in the performance
of the functions of the council.
(e) Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the advisory council.
SECTION 2. Section 366.0515, Health and Safety Code, is
amended by adding Subsections (h), (i), and (j) to read as follows:
(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 3. 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 4. 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 5. Section 366.071(d), Health and Safety Code, is
repealed.
SECTION 6. (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 7. 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 8. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2005.
(b) Section 3 of this Act takes effect March 1, 2006.