Suspending limitations on conference committee
jurisdiction, H.B. No. 2510 (Bonnen/M. Jackson)
By: Jackson S.R. No. 1095
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 79th
Legislature, Regular Session, 2005, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 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) Senate Rule 12.03(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) Senate Rule 12.03(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) Senate Rule 12.03(1) is suspended to permit the
committee to change the text of Subsection (b), Section 7 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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 29, 2005, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate