By:  Puente                                                       H.B. No. 2916



A BILL TO BE ENTITLED

AN ACT

relating to enforcement of local regulation regarding minimum 
acreage for installation of septic systems.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 366.04, Health and Safety Code, is 
amended as follows:   
	Sec. 366.04.  COMPLIANCE REQUIRED.  A person may not 
construct, alter, repair, or extend, or cause to be constructed, 
altered, repaired, or extended, an on-site sewage disposal system 
that does not comply with this chapter, [and] the applicable rules, 
and any local governmental entity regulation regarding minimum 
acreage for installation of septic systems.
	SECTION 2.  Section 366.011, Health and Safety Code, is 
amended by providing a new (3) to read to read as follows:
	Sec. 366.011.  GENERAL SUPERVISION AND AUTHORITY.  The 
commission or authorized agents:
		(1)  have general authority over the location, design, 
construction, installation, and proper functioning of on-site 
sewage disposal systems; [and]
		(2)  shall administer this chapter and the rules 
adopted under this chapter[.] ; and
		(3)  shall incorporate and enforce any local 
governmental entity rule or regulation regarding minimum acreage 
for the installation of a septic system.
	SECTION 3.  Section 366.012(b), Health and Safety Code, is 
amended by providing a new (5) to read as follows:
	Sec. 366.012.  RULES CONCERNING ON-SITE SEWAGE DISPOSAL 
SYSTEMS.  (a)  To assure the effective and efficient 
administration of this chapter, the commission shall:
		(1)  adopt rules governing the installation of on-site 
sewage disposal systems, including rules concerning the:
			(A)  review and approval of on-site sewage 
disposal systems; and           
			(B)  temporary waiver of a permit for an emergency 
repair; and             
		(2)  adopt rules under this chapter that:                                     
			(A)  encourage the use of economically feasible 
alternative techniques and technologies for on-site sewage 
disposal systems that can be used in soils not suitable for 
conventional on-site sewage disposal; and
			(B)  address the separation of graywater, as 
defined by Section 341.039, in a residence served by an on-site 
sewage disposal system.
	(b)  In rules adopted under this chapter, the commission 
shall include definitions and detailed descriptions of good 
management practices and procedures for the construction of on-site 
sewage disposal systems that:
		(1)  justify variation in field size or in other 
standard requirements;     
		(2)  promote the use of good management practices or 
procedures in the construction of on-site sewage disposal systems;
		(3)  require the use of one or more specific management 
practices or procedures as a condition of approval of a standard 
on-site sewage disposal system if, in the opinion of the commission 
or authorized agent, site conditions or other problems require the 
use of additional management practices or procedures to ensure the 
proper operation of an on-site sewage disposal system; [and]
		(4)  make available general, operational information 
to the public[.] ; and
		(5)  incorporate and enforce any local governmental 
entity rule or regulation regarding minimum acreage for the 
installation of a septic system.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act will take effect September 1, 2005.