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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Commission on Environmental |
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Quality to adopt rules prohibiting the use of an on-site sewage |
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disposal system with an absorptive effluent disposal system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 366, Health and Safety |
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Code, is amended by adding Section 366.0125 to read as follows: |
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Sec. 366.0125. ON-SITE SEWAGE DISPOSAL SYSTEMS WITH |
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ABSORPTIVE EFFLUENT DISPOSAL SYSTEM. (a) In this section, |
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"absorptive effluent disposal system" means a disposal system that |
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disperses effluent from an on-site sewage disposal system into |
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adjacent soil of a drainfield. |
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(b) This section does not apply to an on-site sewage |
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disposal system that is located in the Edwards Aquifer recharge |
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zone, as designated by the commission. |
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(c) The commission may not adopt rules prohibiting an owner |
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of a single-family residence from constructing, reconstructing, |
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altering, repairing, replacing, reinstalling, extending, |
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maintaining, or operating an on-site sewage disposal system with an |
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absorptive effluent disposal system for the residence on the basis |
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that the soil is not suitable for an absorptive drainfield if the |
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residence: |
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(1) was served by an on-site sewage disposal system |
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with an absorptive effluent disposal system before September 1, |
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1987, and continues to be served by such a system; or |
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(2) is located on a tract of land that is at least 10 |
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acres and the tract does not contain more than one absorptive |
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effluent disposal system for each 10 acres. |
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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, 2015. |