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79R20185 SMH-D
Suspending limitations on conference committee
jurisdiction, H.B. No. 2510 (Bonnen/M. Jackson)
By: Bonnen H.R. No. 2237
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 79th Legislature, Regular Session, 2005, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on House Bill 2510 (regulation of on-site
sewage disposal systems and the maintenance of those systems;
imposing administrative and criminal penalties) to consider and
take action on the following matters:
(1) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add new Subsections (h), (i), and (j), Section
366.0515, Health and Safety Code, to read as follows:
(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.
Explanation: The change is necessary to require an owner of
an on-site sewage disposal system using aerobic treatment for a
single-family residence who elects to maintain the system directly
to obtain training in system maintenance from the manufacturer or
installer of the system, to provide that the owner is subject to the
same inspection and reporting requirements as apply to a
maintenance company that contracts to maintain a system, to permit
an authorized agent or the commission to periodically inspect the
system, and to permit an authorized agent or the commission to
condition the permit for the system on the owner's contracting with
a maintenance company for the maintenance of the system if the
system is determined to be a nuisance or fails an inspection, the
owner fails to inspect the system or report on inspections, or the
owner is notified that the system is malfunctioning.
(2) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to change the text of Section 6 of the bill to read as
follows:
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.
Explanation: The change is necessary to postpone until March
1, 2006, the deadline by which the Texas Commission on
Environmental Quality shall be prepared to accept licenses or
registrations for persons who service or maintain on-site sewage
disposal systems.
(3) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to change the text of Section 7(b) of the bill to read
as follows:
(b) Section 2 of this Act takes effect September 1, 2006.
Explanation: The change is necessary to postpone until
September 1, 2006, the deadline by which a person must hold a
license or registration to service or maintain an on-site sewage
disposal system.