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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements regarding persons who service or |
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maintain on-site sewage disposal systems; imposing an |
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administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 366.0515(a) and (g), Health and Safety |
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Code, are amended to read as follows: |
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(a) Except as provided by Subsection (g), an [An] authorized |
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agent or the commission may not condition a permit or the approval |
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of a permit for an on-site sewage disposal system using aerobic |
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treatment for a single-family residence on the system's owner |
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contracting for the maintenance of the system. |
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(g) The owner of a single-family residence shall maintain |
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the system directly or through a maintenance contract. If an |
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authorized agent or the commission determines that an owner of a |
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single-family residence located in a county with a population of at |
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least 40,000 who maintains the owner's system directly has violated |
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this chapter or a rule adopted or order or permit issued under this |
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chapter, the owner, not later than the 10th day after the date of |
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receipt of notification of the violation, shall correct the |
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violation or enter into a contract for the maintenance of the |
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system. If before the third anniversary of the date of the |
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determination the owner is determined to have committed another |
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violation of this chapter or a rule adopted under this chapter, the |
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owner, not later than the 10th day after the date of receipt of |
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notification of the subsequent violation, shall enter into a |
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contract for the maintenance of the system. An owner of a |
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single-family residence located in a county with a population of at |
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least 40,000 who maintains the owner's system directly and who |
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violates this chapter or a rule adopted or order or permit issued |
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under this chapter is also subject to an administrative penalty. |
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The commission may recover the penalty in a proceeding conducted as |
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provided by Subchapter C, Chapter 7, Water Code, or the authorized |
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agent may recover the penalty in a proceeding conducted under an |
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order or resolution of the agent. Notwithstanding Section 7.052, |
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Water Code, the amount of the penalty may not exceed $100. [The
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commission shall adopt rules governing:
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[(1) the training in system maintenance to be provided
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to an owner who elects to maintain the system directly; and
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[(2) the maintenance of a system by the owner of the
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system.] |
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SECTION 2. Section 366.071, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) The commission may implement a program under Chapter 37, |
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Water Code, to register persons who service or maintain on-site |
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sewage disposal systems for compensation. |
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SECTION 3. Sections 366.0515(h), (i), (j), (n), and (o), |
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Health and Safety Code, are repealed. |
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SECTION 4. (a) The changes in law made by this Act apply |
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only to a violation committed on or after the effective date of this |
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Act. For purposes of this section, a violation is committed before |
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the effective date of this Act if any element of the violation |
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occurs before that date. |
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(b) A violation committed before the effective date of this |
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Act is covered by the law in effect when the violation was |
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committed, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |
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* * * * * |