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A BILL TO BE ENTITLED
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AN ACT
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relating to the permitting of certain small commercial development |
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sewage collection, treatment, and disposal systems as on-site |
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sewage disposal systems. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 366, Health and Safety |
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Code, is amended by adding Section 366.0513 to read as follows: |
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Sec. 366.0513. SMALL COMMERCIAL DEVELOPMENT SYSTEMS. (a) |
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A small commercial development sewage collection, treatment, and |
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disposal system may be permitted as an on-site sewage disposal |
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system under this chapter if the system: |
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(1) is located on property jointly owned by the |
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property owners served by the system; |
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(2) produces not more than 5,000 gallons a day on an |
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annual average basis; |
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(3) serves an area that does not exceed 15 acres; |
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(4) is designed to serve two or more sewage-generating |
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units on separate tracts of land; |
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(5) collects sewage only from commercial or |
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institutional facilities or business parks; |
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(6) does not dispose of industrial waste, as defined |
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by Section 26.001(11), Water Code; and |
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(7) is recorded in the manner described by Subsection |
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(b). |
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(b) Before installing a system permitted under this |
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section, the permit holder must record the system in the deed |
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records of the county or counties in which the system is to be |
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located. The recording shall include: |
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(1) a metes and bounds description of the land on which |
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the system is to be located; and |
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(2) the name and permanent address of the person or |
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persons owning the sewage generating units that will use the |
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system. |
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(c) The owner of each sewage generating unit served by a |
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system permitted under Subsection (a): |
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(1) is jointly and severally responsible for: |
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(A) all maintenance of the system; and |
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(B) providing access as necessary for |
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maintenance of the system; and |
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(2) may be subject to a penalty for a violation of this |
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chapter, a rule adopted under this chapter, or a condition of a |
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permit issued under this section, relating to the system. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |