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AN ACT
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relating to the use of certain on-site sewage disposal systems. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 366.012(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) To assure the effective and efficient administration of |
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this chapter, the commission shall: |
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(1) adopt rules governing the installation of on-site |
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sewage disposal systems, including rules concerning the: |
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(A) review and approval of on-site sewage |
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disposal systems; and |
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(B) temporary waiver of a permit for an emergency |
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repair; and |
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(2) adopt rules under this chapter that: |
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(A) encourage the use of economically feasible |
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alternative techniques and technologies for on-site sewage |
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disposal systems that can be used in soils not suitable for |
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conventional on-site sewage disposal; |
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(B) address the separation of graywater, as |
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defined by Section 341.039, in a residence served by an on-site |
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sewage disposal system; |
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(C) allow for an adjustment in the size required |
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of an on-site sewage disposal system if the system is used in |
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conjunction with a graywater system that complies with the rules |
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adopted under Section 341.039; [and] |
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(D) require on-site sewage disposal systems, |
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including risers and covers, installed after September 1, 2012, to |
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be designed to prevent access to the system by anyone other than: |
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(i) the owner of the system; or |
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(ii) a person described by Section |
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366.071(a) or (b); |
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(E) for a county with a population of at least |
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350,000 and not more than 370,000 that is adjacent to the Gulf of |
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Mexico and adjacent to a county with a population of at least 3.3 |
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million, allow for the installation of aerobic drip emitter systems |
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on subdivided or platted properties less than one-half acre in size |
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serving single-family residences supplied by a public drinking |
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water system if site-specific planning materials have been: |
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(i) submitted by a licensed engineer or |
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registered sanitarian; and |
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(ii) approved by the appropriate authorized |
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agent; and |
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(F) for a county with a population of more than |
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40,000 and less than 50,000 that borders the Red River along the |
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Oklahoma state line and has a major interstate road running through |
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it, allow for the installation of aerobic drip emitter systems on |
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subdivided or platted properties less than one-half acre in size, |
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serving single-family residences supplied by a public drinking |
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water system if site-specific planning materials have been: |
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(i) submitted by a licensed engineer or |
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registered sanitarian; and |
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(ii) approved by the appropriate authorized |
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agent. |
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SECTION 2. 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. PERMITS FOR CERTAIN TEMPORARY SYSTEMS. (a) |
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An authorized agent may issue a permit to authorize the use of a |
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temporary on-site sewage disposal system that: |
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(1) operates in conjunction with the pumping and |
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hauling of wastewater produced by the system; and |
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(2) serves a property that: |
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(A) has been subdivided for residential use; and |
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(B) is of insufficient size to accommodate |
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on-site disposal of all wastewater in compliance with this chapter. |
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(b) A permit issued under this section: |
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(1) may authorize the use of a system and the |
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associated pumping and hauling activities described by Subsection |
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(a) for not more than six months from the date of issuance; and |
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(2) may not be renewed. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the Texas Commission on Environmental Quality shall |
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adopt rules in accordance with Section 366.012(a), Health and |
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Safety Code, as amended by this Act. |
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SECTION 4. Section 366.0513, Health and Safety Code, as |
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added by this Act, applies only to an application for the issuance |
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of a permit for an on-site sewage facility submitted on or after the |
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effective date of this Act. An application submitted before the |
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effective date of this Act is governed by the law in effect on the |
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date that application was submitted, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4087 was passed by the House on May |
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12, 2023, by the following vote: Yeas 143, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4087 on May 25, 2023, by the following vote: Yeas 129, Nays 3, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4087 was passed by the Senate, with |
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amendments, on May 22, 2023, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |