|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the regulation and planning of on-site sewage disposal |
|
systems; authorizing and increasing a criminal penalty; increasing |
|
the amount of a fee. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 366.001, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 366.001. POLICY AND PURPOSE. It is the public policy |
|
of this state and the purpose of this chapter to: |
|
(1) eliminate and prevent health hazards by regulating |
|
and properly planning the location, design, construction, |
|
installation, operation, [and] maintenance, and pumping of on-site |
|
sewage disposal systems; |
|
(2) authorize the commission or authorized agent to |
|
impose and collect a permit fee for: |
|
(A) construction, installation, alteration, |
|
repair, or extension of on-site sewage disposal systems; and |
|
(B) tests, designs, and inspections of those |
|
systems; |
|
(3) authorize the commission or authorized agent to |
|
impose a penalty for a violation of this chapter or a rule adopted |
|
under this chapter; |
|
(4) authorize the commission to license or register |
|
certain persons; and |
|
(5) allow the individual owner of a disposal system |
|
used at the owner's primary residence to install and repair the |
|
system in accordance with this chapter. |
|
SECTION 2. Section 366.002, Health and Safety Code, is |
|
amended by amending Subdivisions (6) and (8) to read as follows: |
|
(6) "Nuisance" means: |
|
(A) sewage, human excreta, or other organic waste |
|
discharged or exposed in a manner that makes it a potential |
|
instrument or medium in the transmission of disease to or between |
|
persons; or |
|
(B) an overflowing sewage treatment or holding |
|
[septic] tank or similar device, including surface discharge from |
|
or groundwater contamination by a component of an on-site sewage |
|
disposal system, or a blatant discharge from an on-site sewage |
|
disposal system. |
|
(8) "Owner" means a person who owns the [a building or |
|
other] property served by an on-site sewage disposal system. |
|
SECTION 3. Section 366.011, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 366.011. GENERAL SUPERVISION AND AUTHORITY. The |
|
commission or authorized agents: |
|
(1) have general authority over the location, design, |
|
construction, installation, and proper functioning of on-site |
|
sewage disposal systems in their designated area of jurisdiction; |
|
and |
|
(2) shall administer this chapter and the rules |
|
adopted under this chapter. |
|
SECTION 4. Section 366.012, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 366.012. RULES CONCERNING ON-SITE SEWAGE DISPOSAL |
|
SYSTEMS. (a) To assure the effective and efficient administration |
|
of this chapter, the commission shall: |
|
(1) adopt rules governing the installation of on-site |
|
sewage disposal systems, including rules concerning the: |
|
(A) review and approval of on-site sewage |
|
disposal systems; and |
|
(B) temporary waiver of a permit for an emergency |
|
repair; and |
|
(2) adopt rules under this chapter that: |
|
(A) encourage the use of economically feasible |
|
alternative techniques and technologies for on-site sewage |
|
disposal systems that can be used in soils not suitable for |
|
conventional on-site sewage disposal; |
|
(B) address the separation of graywater, as |
|
defined by Section 341.039, in a residence served by an on-site |
|
sewage disposal system; |
|
(C) allow for an adjustment in the size required |
|
of an on-site sewage disposal system if the system is used in |
|
conjunction with a graywater system that complies with the rules |
|
adopted under Section 341.039; and |
|
(D) require on-site sewage disposal systems, |
|
including risers and covers, installed after September 1, 2012, to |
|
be designed to prevent access to the system by anyone other than: |
|
(i) the owner of the system; or |
|
(ii) a person described by Section |
|
366.071(a) or (b)[; |
|
[(E) for a county with a population of at least |
|
350,000 and not more than 370,000 that is adjacent to the Gulf of |
|
Mexico and adjacent to a county with a population of at least 3.3 |
|
million, allow for the installation of aerobic drip emitter systems |
|
on subdivided or platted properties less than one-half acre in size |
|
serving single-family residences supplied by a public drinking |
|
water system if site-specific planning materials have been: |
|
[(i) submitted by a licensed engineer or |
|
registered sanitarian; and |
|
[(ii) approved by the appropriate |
|
authorized agent; and |
|
[(F) for a county with a population of more than |
|
40,000 and less than 50,000 that borders the Red River along the |
|
Oklahoma state line and has a major interstate road running through |
|
it, allow for the installation of aerobic drip emitter systems on |
|
subdivided or platted properties less than one-half acre in size, |
|
serving single-family residences supplied by a public drinking |
|
water system if site-specific planning materials have been: |
|
[(i) submitted by a licensed engineer or |
|
registered sanitarian; and |
|
[(ii) approved by the appropriate |
|
authorized agent]. |
|
(b) In rules adopted under this chapter, the commission |
|
shall include definitions and detailed descriptions of good |
|
management practices and procedures for the construction and |
|
operation of on-site sewage disposal systems that: |
|
(1) justify variation in field size or in other |
|
standard requirements; |
|
(2) promote the use of good management practices or |
|
procedures in the construction and operation of on-site sewage |
|
disposal systems; |
|
(3) require the use of one or more specific management |
|
practices or procedures as a condition of approval of a standard |
|
on-site sewage disposal system if, in the opinion of the commission |
|
or authorized agent, site conditions or other problems require the |
|
use of additional management practices or procedures to ensure the |
|
proper operation of an on-site sewage disposal system; and |
|
(4) make available general, operational information |
|
to the public. |
|
SECTION 5. Section 366.013(e), Health and Safety Code, is |
|
amended to read as follows: |
|
(e) This section does not apply to an aerobic [, |
|
nonstandard,] or proprietary on-site sewage treatment system |
|
unless the water softener drain line to the system bypasses the |
|
treatment system and flows into the pump tank or directly into the |
|
discharge method. |
|
SECTION 6. Section 366.014, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 366.014. DESIGNATED PERSON. Subject to the |
|
requirements of Section 366.071(b), the commission or an authorized |
|
agent shall [may] designate one or more persons [a person] to: |
|
(1) review permit applications, site evaluations, or |
|
planning materials; or |
|
(2) inspect on-site sewage disposal systems. |
|
SECTION 7. Section 366.031, Health and Safety Code, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) Notwithstanding the designation of an authorized agent |
|
under this section, the commission shall maintain the authority and |
|
responsibility for permitting on-site sewage disposal systems that |
|
produce over 1,500 gallons per day unless the commission |
|
specifically designates that authority and responsibility to the |
|
authorized agent. The commission may designate to an authorized |
|
agent the authority and responsibility to permit on-site sewage |
|
disposal systems that produce over 1,500 gallons per day only if the |
|
authorized agent satisfactorily demonstrates minimum designated |
|
representative qualification standards and licensure, as |
|
prescribed by the commission. |
|
SECTION 8. Section 366.032(c), Health and Safety Code, is |
|
amended to read as follows: |
|
(c) An authorized agent must obtain commission approval of |
|
any [substantive] amendments to the agent's order or resolution. |
|
SECTION 9. Section 366.034, Health and Safety Code, is |
|
amended by amending Subsection (b) and adding Subsection (c) to |
|
read as follows: |
|
(b) If the commission determines that an authorized agent |
|
does not consistently enforce the commission's minimum |
|
requirements for on-site sewage disposal systems, the commission |
|
may [shall] hold a hearing and determine whether to continue the |
|
designation as an authorized agent. |
|
(c) The commission may assess an administrative penalty |
|
against an authorized agent if the commission determines that the |
|
authorized agent does not implement and enforce the commission's |
|
minimum requirements for on-site sewage disposal systems. |
|
SECTION 10. The heading to Section 366.0515, Health and |
|
Safety Code, is amended to read as follows: |
|
Sec. 366.0515. MAINTENANCE CONTRACT [AND PERFORMANCE |
|
BOND]. |
|
SECTION 11. Sections 366.0515(a), (b), (d), (e), and (g), |
|
Health and Safety Code, are amended to read as follows: |
|
(a) Except as provided by Subsection (g), an authorized |
|
agent or the commission may not condition a permit or the approval |
|
of a permit for an on-site sewage disposal system using aerobic |
|
treatment for a single-family residence on the system's owner |
|
contracting for the maintenance of the system if the single-family |
|
residence is owned by an individual and is the individual's primary |
|
residence. |
|
(b) Except as provided by Subsection (a), an authorized |
|
agent by order or resolution or the commission by rule may condition |
|
approval of a permit for an on-site sewage disposal system on the |
|
system's owner contracting for the maintenance of the system. If a |
|
maintenance contract is required, the owner of the on-site sewage |
|
disposal system must submit to the permitting authority[: |
|
[(1)] a signed contract for the maintenance of the |
|
on-site sewage disposal system[; and |
|
[(2) if the on-site sewage disposal system is located |
|
in a county with a population of more than 2.8 million, a |
|
performance bond obtained from the person with whom the owner of the |
|
on-site sewage disposal system has contracted for maintenance of |
|
the system]. |
|
(d) If the owner of the on-site sewage disposal system |
|
enters into a new maintenance contract or revises the original |
|
maintenance contract, the owner must submit a copy of the new or |
|
revised maintenance contract [and a new performance bond] to the |
|
permitting authority not later than the 30th day after the date on |
|
which the original contract terminates or is modified. |
|
(e) The permitting authority may establish and collect a |
|
reasonable fee to cover the cost of administering the [performance |
|
bond] program. |
|
(g) The owner of a single-family residence shall maintain |
|
the system directly or through a maintenance contract. If an |
|
authorized agent or the commission determines that an owner of a |
|
single-family residence located in a county with a population of at |
|
least 40,000 who maintains the owner's system directly has violated |
|
this chapter or a rule adopted or order or permit issued under this |
|
chapter, the owner, not later than the 10th day after the date of |
|
receipt of notification of the violation, shall correct the |
|
violation or enter into a contract for the maintenance of the |
|
system. If before the third anniversary of the date of the |
|
determination the owner is determined to have committed another |
|
violation of this chapter or a rule adopted under this chapter, the |
|
owner, not later than the 10th day after the date of receipt of |
|
notification of the subsequent violation, shall enter into a |
|
contract for the maintenance of the system. An owner of a |
|
single-family residence located in a county with a population of at |
|
least 40,000 who maintains the owner's system directly and who |
|
violates this chapter or a rule adopted or order or permit issued |
|
under this chapter is also subject to an administrative penalty. |
|
The commission may recover the penalty in a proceeding conducted as |
|
provided by Subchapter C, Chapter 7, Water Code, or the authorized |
|
agent may recover the penalty in a proceeding conducted under an |
|
order or resolution of the agent. Notwithstanding Section 7.052, |
|
Water Code, the amount of the penalty may not exceed $500 [$100]. |
|
SECTION 12. Section 366.052(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) Sections 366.051, 366.053, [366.054,] and 366.057 do |
|
not apply to an on-site sewage disposal system of a single residence |
|
if: |
|
(1) the single residence is: |
|
(A) located in a county with a population of less |
|
than 40,000; and |
|
(B) owned by an individual and is the |
|
individual's primary residence; and |
|
(2) the system [that] is located on a land tract that |
|
is 10 acres or larger in which the field line or sewage disposal |
|
line is not closer than 100 feet of the property line. |
|
SECTION 13. Section 366.055(c), Health and Safety Code, is |
|
amended to read as follows: |
|
(c) A holder of a permit issued under this chapter or the |
|
holder's designee shall notify the commission, the authorized |
|
agent, or a designated representative not later than the fifth |
|
working day before the proposed date of the operation of an |
|
installation that the installation is ready for inspection. |
|
SECTION 14. Section 366.057(b), Health and Safety Code, is |
|
amended to read as follows: |
|
(b) A permit and approved plan to construct, alter, repair, |
|
extend, or operate an on-site sewage disposal system must be issued |
|
in the name of the person who owns the property [system] and must |
|
identify the specific property location or address for the specific |
|
construction, alteration, extension, repair, or operation proposed |
|
by the person. |
|
SECTION 15. Section 366.058, Health and Safety Code, is |
|
amended by adding Subsection (d) to read as follows: |
|
(d) The permit fee shall be paid to the authorized agent or |
|
the commission, whichever performs the permitting function. |
|
SECTION 16. Sections 366.071(a), (c), and (d), Health and |
|
Safety Code, are amended to read as follows: |
|
(a) A person who constructs, installs, alters, extends, |
|
services, maintains, pumps, [or] repairs, or accesses an on-site |
|
sewage disposal system or any part of an on-site sewage disposal |
|
system [for compensation] must hold a license or registration |
|
issued by the commission under Chapter 37, Water Code. |
|
(c) A person who conducts preconstruction site evaluations, |
|
including visiting a site and performing a soil analysis, a site |
|
survey, or other activities necessary to determine the suitability |
|
of a site for an on-site sewage disposal system must hold a license |
|
issued by the commission under Chapter 37, Water Code, unless the |
|
person is licensed by the Texas Board of Professional Engineers and |
|
Land Surveyors as an engineer or licensed by the Texas Board of |
|
Professional Geoscientists as a geologist. |
|
(d) The commission may implement a program under Chapter 37, |
|
Water Code, to register persons who service, [or] maintain, or pump |
|
on-site sewage disposal systems [for compensation]. |
|
SECTION 17. Section 367.010(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) The commission and each county, municipality, public |
|
health department, and river authority shall collect a $30 [$10] |
|
fee for each on-site wastewater treatment permit application |
|
processed. |
|
SECTION 18. Section 5.701(q), Water Code, is amended to |
|
read as follows: |
|
(q) Notwithstanding any other law, fees collected for |
|
deposit to the water resource management account under the |
|
following statutes may be appropriated and used to protect water |
|
resources in this state, including assessment of water quality, |
|
reasonably related to the activities of any of the persons required |
|
to pay a fee under: |
|
(1) Subsections (b) and (c), to the extent those fees |
|
are collected in connection with water use or water quality |
|
permits; |
|
(2) Subsections (h)-(l); |
|
(3) Section 11.138(g); |
|
(4) Section 11.145; |
|
(5) Section 26.0135(h); |
|
(6) Sections 26.0291, 26.044, and 26.0461; or |
|
(7) Sections 341.041, 366.058, [366.059,] 371.024, |
|
371.026, and 371.062, Health and Safety Code. |
|
SECTION 19. The following provisions of the Health and |
|
Safety Code are repealed: |
|
(1) Section 366.0515(c); and |
|
(2) Sections 366.035, 366.036, 366.0513, 366.054, and |
|
366.059. |
|
SECTION 20. This Act takes effect September 1, 2025. |