| 1 | 1 | | By: Pitts, Parker, Anchia H.B. No. 229 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the construction, installation, alteration, extension, |
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| 7 | 7 | | servicing, maintenance, or repair of on-site sewage disposal |
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| 8 | 8 | | systems. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 366.033, Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 366.033. DELEGATION TO LOCAL GOVERNMENTAL ENTITIES. |
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| 13 | 13 | | (a) The commission shall delegate to local governmental entities |
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| 14 | 14 | | responsibility for the implementation and enforcement of |
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| 15 | 15 | | applicable rules. |
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| 16 | 16 | | (b) A county shall adopt and implement safety standards |
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| 17 | 17 | | governing the construction, installation, alteration, extension, |
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| 18 | 18 | | servicing, maintenance, and repair of on-site sewage disposal |
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| 19 | 19 | | systems. |
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| 20 | 20 | | SECTION 2. Section 366.071(a), Health and Safety Code, is |
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| 21 | 21 | | amended to read as follows: |
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| 22 | 22 | | (a) A person who constructs, installs, alters, extends, |
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| 23 | 23 | | services, maintains, or repairs an on-site sewage disposal system |
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| 24 | 24 | | or any part of an on-site sewage disposal system for compensation |
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| 25 | 25 | | must hold a license or registration issued by the commission under |
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| 26 | 26 | | Chapter 37, Water Code. To obtain or renew a license or registration |
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| 27 | 27 | | prescribed by this subsection, a person must provide to the |
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| 28 | 28 | | commission evidence of a bond or insurance policy that: |
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| 29 | 29 | | (1) is in the amount and in a form prescribed by |
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| 30 | 30 | | commission rules; and |
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| 31 | 31 | | (2) requires the obligor on the bond or policy to pay, |
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| 32 | 32 | | to the extent of the face amount of the bond or policy, for any |
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| 33 | 33 | | damage to property resulting from the person's work on an on-site |
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| 34 | 34 | | sewage disposal system or any part of an on-site sewage disposal |
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| 35 | 35 | | system. |
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| 36 | 36 | | SECTION 3. (a) Not later than January 1, 2010, the Texas |
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| 37 | 37 | | Commission on Environmental Quality shall adopt rules as required |
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| 38 | 38 | | by Section 366.071(a), Health and Safety Code, as amended by this |
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| 39 | 39 | | Act. |
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| 40 | 40 | | (b) The change in law made by this Act to Section |
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| 41 | 41 | | 366.071(a), Health and Safety Code, applies only to a person who |
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| 42 | 42 | | applies for issuance or renewal of a license or registration |
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| 43 | 43 | | prescribed by that subsection on or after June 1, 2010. |
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| 44 | 44 | | SECTION 4. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2009. |
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