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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of on-site sewage disposal systems, |
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including requiring a license for on-site sewage disposal system |
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pumping technicians. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 366.001, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 366.001. POLICY AND PURPOSE. It is the public policy |
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of this state and the purpose of this chapter to: |
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(1) eliminate and prevent health hazards by regulating |
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and properly planning the location, design, construction, |
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installation, operation, pumping, and maintenance of on-site |
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sewage disposal systems; |
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(2) authorize the commission or authorized agent to |
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impose and collect a permit fee for: |
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(A) construction, installation, alteration, |
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repair, or extension of on-site sewage disposal systems; and |
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(B) tests, designs, and inspections of those |
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systems; |
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(3) authorize the commission or authorized agent to |
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impose a penalty for a violation of this chapter or a rule adopted |
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under this chapter; |
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(4) authorize the commission to license or register |
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certain persons; and |
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(5) allow the individual owner of a disposal system to |
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install and repair the system in accordance with this chapter. |
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SECTION 2. Section 366.052(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Sections 366.051, 366.053, 366.054, and 366.057 do not |
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apply to an on-site sewage disposal system of a single residence |
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that is located on a land tract that is: |
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(1) 10 acres or larger in which the field line or |
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sewage disposal line is not closer than 100 feet of the property |
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line; and |
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(2) in a county with a population of less than 40,000. |
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SECTION 3. Sections 366.071(a) and (d), Health and Safety |
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Code, are amended to read as follows: |
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(a) A person who constructs, installs, alters, extends, |
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services, maintains, pumps, or repairs an on-site sewage disposal |
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system or any part of an on-site sewage disposal system for |
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compensation must hold a license or registration issued by the |
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commission under Chapter 37, Water Code. |
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(d) The commission may implement a program under Chapter 37, |
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Water Code, to register persons who service, pump, or maintain |
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on-site sewage disposal systems for compensation. |
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SECTION 4. Section 366.052(a), Health and Safety Code, as |
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amended by this Act, applies only to a residence for which |
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construction begins on or after the effective date of this Act. A |
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residence for which construction began before the effective date of |
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this Act is governed by the law in effect when construction began, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. Not later than September 1, 2024, the Texas |
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Commission on Environmental Quality shall adopt rules implementing |
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Section 366.071(a), Health and Safety Code, as amended by this Act. |
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The rules must provide for the creation of an on-site sewage |
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disposal system pumping technician license or registration and the |
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requirements and qualifications to obtain the license or |
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registration. |
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SECTION 6. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2023. |
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(b) Section 366.071(a), Health and Safety Code, as amended |
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by this Act, takes effect September 1, 2024. |