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A BILL TO BE ENTITLED
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AN ACT
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relating to a study evaluating and making recommendations for the |
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regulation of on-site sewage disposal systems in the recharge zone |
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of the Edwards Aquifer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITIONS. In this Act: |
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(1) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(2) "On-site sewage disposal system" has the meaning |
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assigned by Section 366.002, Health and Safety Code. |
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SECTION 2. STUDY. (a) The commission shall conduct a study |
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to evaluate: |
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(1) the regulation of on-site sewage disposal systems |
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in the recharge zone of the Edwards Aquifer; |
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(2) the effects of on-site sewage disposal systems on |
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the recharge zone of the Edwards Aquifer and the Edwards Aquifer; |
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and |
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(3) best management practices for the regulation of |
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on-site sewage disposal systems in the recharge zone of the Edwards |
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Aquifer that: |
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(A) protect the supply of water, including |
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potable water, to users of groundwater from the Edwards Aquifer |
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through more restrictive regulations; |
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(B) do not contribute to adverse toxic effects on |
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aquatic life in the Edwards Aquifer; and |
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(C) do not contribute to adverse toxic effects on |
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human health resulting from the consumption of water from the |
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Edwards Aquifer. |
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(b) In conducting the study, the commission shall solicit |
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and consider information from the scientific and engineering |
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community and other stakeholders. |
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(c) The commission may contract with any appropriate person |
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to assist in conducting the study. |
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SECTION 3. REPORT. Not later than March 1, 2020, the |
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commission shall make publicly available on its Internet website a |
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report of the findings and recommendations of the study conducted |
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under this Act. In the report, the commission must include findings |
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that address the study objectives described in Section 2(a)(3) of |
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this Act. The commission must include in the report |
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recommendations, based on the findings, for on-site sewage disposal |
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regulatory practices that can be used to achieve the objectives of |
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Section 2(a)(3) of this Act. |
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SECTION 4. RULES TO IMPLEMENT. (a) Not later than |
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September 1, 2020, the commission shall develop proposed rules the |
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commission considers appropriate to implement the findings and |
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recommendations of the report and shall file notice of the proposed |
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rules as provided by Section 2001.023, Government Code. |
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(b) A rule proposed under Subsection (a) of this section |
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applies only to an action, including a filing of an application for |
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a permit or permit amendment, taken on or after the effective date |
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of the rule. An action taken before the effective date of a rule |
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proposed under Subsection (a) of this section is governed by the law |
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in effect at the time the action was taken, and an application for a |
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permit or permit amendment must be approved or denied on the basis |
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of the law in effect at the time the application is filed. |
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SECTION 5. EXPIRATION. This Act expires on the earlier of: |
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(1) the date the commission adopts rules proposed |
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under Section 4 of this Act; or |
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(2) December 1, 2021. |
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SECTION 6. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2019. |