84R4480 JRR-D
 
  By: Wray H.B. No. 1301
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of the Texas Commission on Environmental
  Quality to adopt rules prohibiting the use of an on-site sewage
  disposal system with an absorptive effluent disposal system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 366, Health and Safety
  Code, is amended by adding Section 366.0125 to read as follows:
         Sec. 366.0125.  ON-SITE SEWAGE DISPOSAL SYSTEMS WITH
  ABSORPTIVE EFFLUENT DISPOSAL SYSTEM. (a) In this section,
  "absorptive effluent disposal system" means a disposal system that
  disperses effluent from an on-site sewage disposal system into
  adjacent soil of a drainfield.
         (b)  This section does not apply to an on-site sewage
  disposal system that is located in the Edwards Aquifer recharge
  zone, as designated by the commission.
         (c)  The commission may not adopt rules prohibiting an owner
  of a single-family residence from constructing, reconstructing,
  altering, repairing, replacing, reinstalling, extending,
  maintaining, or operating an on-site sewage disposal system with an
  absorptive effluent disposal system for the residence on the basis
  that the soil is not suitable for an absorptive drainfield if the
  residence:
               (1)  was served by an on-site sewage disposal system
  with an absorptive effluent disposal system before September 1,
  1987, and continues to be served by such a system; or
               (2)  is located on a tract of land that is at least 10
  acres and the tract does not contain more than one absorptive
  effluent disposal system for each 10 acres.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.