| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the requirements for receiving approval to provide |
|
|
training to an owner of an on-site sewage disposal system using |
|
|
aerobic treatment in maintaining the system. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 366.0515, Health and Safety Code, is |
|
|
amended by amending Subsections (h), (n), and (o) and adding |
|
|
Subsections (p) and (q) 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, from an approved |
|
|
trainer under Subsection (p) [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 |
|
|
approved trainer [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.] |
|
|
(n) A person must be certified by the manufacturer of an |
|
|
on-site sewage disposal system using aerobic treatment to maintain |
|
|
the system under a maintenance contract with the owner of the system |
|
|
[or to provide training to the owner in maintenance of the system]. |
|
|
A manufacturer may not unreasonably withhold certification and, |
|
|
except as otherwise provided by this subsection, must offer the |
|
|
certification to persons who are not employees of the manufacturer |
|
|
on the same terms as the manufacturer offers the certification to |
|
|
the manufacturer's employees. To be certified by a manufacturer, a |
|
|
person who is not an employee must: |
|
|
(1) successfully complete a course approved by the |
|
|
commission that provides up to 32 hours of training in maintenance |
|
|
of on-site sewage disposal systems using aerobic treatment; |
|
|
(2) be employed by a maintenance company at least one |
|
|
employee of which holds a license as: |
|
|
(A) an installer, if the commission recognizes |
|
|
only one level of installer; or |
|
|
(B) the highest level of installer recognized by |
|
|
the commission, if the commission recognizes more than one level of |
|
|
installer; |
|
|
(3) meet all of the manufacturer's criteria and |
|
|
requirements for entering into a business relationship; and |
|
|
(4) satisfactorily complete any other reasonable |
|
|
requirements imposed by the manufacturer for certification. |
|
|
(o) Subsection (n) does not allow the commission or an |
|
|
authorized agent to dictate to the manufacturer of on-site sewage |
|
|
disposal systems using aerobic treatment the person who is |
|
|
authorized to maintain the systems [or to provide training in
|
|
|
maintenance of the systems] in a particular area. That subsection |
|
|
merely facilitates the expansion of the pool of persons who are |
|
|
qualified to maintain [or to provide training in maintenance of] |
|
|
those systems and protects the rights of owners and manufacturers |
|
|
of those systems. |
|
|
(p) A person must be approved by the commission to provide |
|
|
training to the owner of an on-site sewage disposal system using |
|
|
aerobic treatment in maintenance of the system. To be approved by |
|
|
the commission, a person must: |
|
|
(1) successfully complete a course approved by the |
|
|
commission that provides up to 32 hours of training in maintenance |
|
|
of on-site sewage disposal systems using aerobic treatment; |
|
|
(2) hold a license as an installer and be employed by a |
|
|
maintenance company, or if the person does not hold a license as an |
|
|
installer or is not employed by a maintenance company, meet |
|
|
additional requirements for approval as determined by the |
|
|
commission; and |
|
|
(3) satisfactorily complete any other reasonable |
|
|
requirements imposed by the commission for approval. |
|
|
(q) In this section, "training provider" means an |
|
|
administrative entity or individual approved by the commission to |
|
|
provide training under this section. |
|
|
SECTION 2. The Texas Commission on Environmental Quality |
|
|
shall be prepared to accept applications for the approval described |
|
|
by Subsection (p), Section 366.0515, Health and Safety Code, as |
|
|
added by this Act, not later than March 1, 2008. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |