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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for certification to provide training |
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to an owner of an on-site sewage disposal system using aerobic |
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treatment in maintaining the system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 366.0515, Health and Safety Code, is |
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amended by amending Subsections (h), (n), and (o) and adding |
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Subsection (p) to read as follows: |
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(h) If the owner of an on-site sewage disposal system using |
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aerobic treatment for a single-family residence elects to maintain |
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the system directly, the owner must obtain from the manufacturer or |
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installer of the system an amount of on-site training specified by |
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commission rule not to exceed six hours, either at the time of |
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acceptance of the system from the installer or at the time of an |
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on-site maintenance visit by a maintenance company under the |
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initial term of the maintenance contract for the system, if |
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applicable. The training must include instruction regarding the |
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importance to public health and safety of proper maintenance of the |
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system and a demonstration of the procedure for performing a |
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scheduled maintenance. On the owner's completion of the training, |
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the manufacturer or installer shall provide the owner with a |
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certificate or letter stating that the owner has received the |
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required training. An owner who elects to maintain the owner's |
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system is subject to any inspection and reporting requirements |
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imposed by an authorized agent or the commission under Subsection |
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(k) applicable to a maintenance company that contracts to maintain |
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a system. If the residence is sold, the new owner, not later than |
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the 30th day after the date the owner takes possession of the |
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property, must obtain the training required by this subsection from |
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an installer [certified by the manufacturer of the system under
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Subsection (n)] or contract with a maintenance company for the |
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maintenance of the system. |
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(n) A person must be certified by the manufacturer of an |
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on-site sewage disposal system using aerobic treatment to maintain |
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the system under a maintenance contract with the owner of the system |
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[or to provide training to the owner in maintenance of the system]. |
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A manufacturer may not unreasonably withhold certification and, |
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except as otherwise provided by this subsection, must offer the |
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certification to persons who are not employees of the manufacturer |
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on the same terms as the manufacturer offers the certification to |
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the manufacturer's employees. To be certified by a manufacturer, a |
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person who is not an employee must: |
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(1) successfully complete a course approved by the |
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commission that provides up to 32 hours of training in maintenance |
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of on-site sewage disposal systems using aerobic treatment; |
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(2) be employed by a maintenance company at least one |
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employee of which holds a license as: |
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(A) an installer, if the commission recognizes |
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only one level of installer; or |
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(B) the highest level of installer recognized by |
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the commission, if the commission recognizes more than one level of |
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installer; |
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(3) meet all of the manufacturer's criteria and |
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requirements for entering into a business relationship; and |
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(4) satisfactorily complete any other reasonable |
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requirements imposed by the manufacturer for certification. |
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(o) Subsection (n) does not allow the commission or an |
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authorized agent to dictate to the manufacturer of on-site sewage |
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disposal systems using aerobic treatment the person who is |
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authorized to maintain the systems [or to provide training in
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maintenance of the systems] in a particular area. That subsection |
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merely facilitates the expansion of the pool of persons who are |
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qualified to maintain [or to provide training in maintenance of] |
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those systems and protects the rights of owners and manufacturers |
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of those systems. |
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(p) A person must be certified by the commission to provide |
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training to the owner of an on-site sewage disposal system using |
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aerobic treatment in maintenance of the system. To be certified by |
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the commission, a person must: |
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(1) successfully complete a course approved by the |
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commission that provides up to 32 hours of training in maintenance |
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of on-site sewage disposal systems using aerobic treatment; |
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(2) hold a license as an installer; |
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(3) be employed by a maintenance company; and |
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(4) satisfactorily complete any other reasonable |
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requirements imposed by the commission for certification. |
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SECTION 2. The Texas Commission on Environmental Quality |
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shall be prepared to accept applications for certifications |
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described by Section 366.0515(p), Health and Safety Code, as added |
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by this Act, not later than March 1, 2008. |
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SECTION 3. This Act takes effect September 1, 2007. |