81R935 JAM-D
By: Pitts, Parker, Anchia H.B. No. 229
A BILL TO BE ENTITLED
AN ACT
relating to bond or insurance requirements for applicants for or
holders of certain on-site sewage disposal system-related
licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 366.071(a), Health and Safety Code, is
amended to read as follows:
(a) A person who constructs, installs, alters, extends,
services, maintains, or repairs 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. To obtain or renew a license or registration
prescribed by this subsection, a person must provide to the
commission evidence of a bond or insurance policy that:
(1) is in the amount and in a form prescribed by
commission rules; and
(2) requires the obligor on the bond or policy to pay,
to the extent of the face amount of the bond or policy, for any
damage to property resulting from the person's work on an on-site
sewage disposal system or any part of an on-site sewage disposal
system.
SECTION 2. (a) Not later than January 1, 2010, the Texas
Commission on Environmental Quality shall adopt rules as required
by Section 366.071(a), Health and Safety Code, as amended by this
Act.
(b) The change in law made by this Act to Section
366.071(a), Health and Safety Code, applies only to a person who
applies for issuance or renewal of a license or registration
prescribed by that subsection on or after June 1, 2010.
SECTION 3. 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, 2009.
COMMITTEE AMENDMENT NO. 1
Amend H.B. No. 229 by adding the following appropriately
numbered SECTION to the bill and renumbering subsequent SECTIONS of
the bill accordingly:
SECTION ____. Section 366.033, Health and Safety Code, is
amended to read as follows:
Sec. 366.033. DELEGATION TO LOCAL GOVERNMENTAL ENTITIES.
(a) The commission shall delegate to local governmental entities
responsibility for the implementation and enforcement of
applicable rules.
(b) A county shall adopt and implement safety standards
governing the construction, installation, alteration, extension,
servicing, maintenance, and repair of on-site sewage disposal
systems.
81R26725 JAM-DHancock