| 1 | 1 | | 83R22471 SLB-F |
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| 2 | 2 | | By: Reynolds H.B. No. 1535 |
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| 3 | 3 | | Substitute the following for H.B. No. 1535: |
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| 4 | 4 | | By: Reynolds C.S.H.B. No. 1535 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the permitting of certain small commercial development |
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| 10 | 10 | | and county park sewage collection, treatment, and disposal systems |
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| 11 | 11 | | as on-site sewage disposal systems. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter D, Chapter 366, Health and Safety |
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| 14 | 14 | | Code, is amended by adding Section 366.0513 to read as follows: |
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| 15 | 15 | | Sec. 366.0513. SMALL COMMERCIAL DEVELOPMENT AND COUNTY PARK |
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| 16 | 16 | | SYSTEMS. (a) A small commercial development sewage collection, |
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| 17 | 17 | | treatment, and disposal system may be permitted as an on-site |
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| 18 | 18 | | sewage disposal system under this chapter if the system: |
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| 19 | 19 | | (1) is located on property jointly owned by the |
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| 20 | 20 | | property owners served by the system, as described by the county |
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| 21 | 21 | | deed records; |
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| 22 | 22 | | (2) produces not more than 5,000 gallons a day on an |
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| 23 | 23 | | annual average basis; |
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| 24 | 24 | | (3) serves an area that does not exceed 15 acres; |
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| 25 | 25 | | (4) is designed to serve two or more sewage-generating |
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| 26 | 26 | | units on separate tracts of land; |
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| 27 | 27 | | (5) collects sewage only from commercial or |
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| 28 | 28 | | institutional facilities or business parks; |
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| 29 | 29 | | (6) is located more than 2,000 feet from the nearest |
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| 30 | 30 | | reservoir used for municipal water supply, unless the owner of the |
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| 31 | 31 | | reservoir consents in writing; |
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| 32 | 32 | | (7) is approved by the governing body of any |
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| 33 | 33 | | municipality: |
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| 34 | 34 | | (A) that provides wastewater utility service to |
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| 35 | 35 | | the property where the system is located at the time of the request |
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| 36 | 36 | | for the permit; and |
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| 37 | 37 | | (B) in whose boundaries or extraterritorial |
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| 38 | 38 | | jurisdiction the property is located; |
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| 39 | 39 | | (8) includes an interceptor for any facility engaged |
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| 40 | 40 | | in food service activities, if required by commission rule or local |
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| 41 | 41 | | ordinance or code; |
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| 42 | 42 | | (9) does not accept waste streams from industrial |
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| 43 | 43 | | users subject to general pretreatment regulations under 40 C.F.R. |
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| 44 | 44 | | Part 403; and |
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| 45 | 45 | | (10) is professionally managed by an entity with the |
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| 46 | 46 | | appropriate authorization required by the commission to manage the |
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| 47 | 47 | | system. |
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| 48 | 48 | | (b) A sewage collection, treatment, and disposal system |
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| 49 | 49 | | that serves a county park may be permitted as an on-site sewage |
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| 50 | 50 | | disposal system under this chapter if the system: |
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| 51 | 51 | | (1) is located on property owned or operated by the |
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| 52 | 52 | | county; |
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| 53 | 53 | | (2) produces not more than 5,000 gallons a day on an |
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| 54 | 54 | | annual average basis; |
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| 55 | 55 | | (3) collects only sewage generated at the park; and |
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| 56 | 56 | | (4) meets the requirements of Subsections |
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| 57 | 57 | | (a)(6)-(10). |
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| 58 | 58 | | SECTION 2. This Act takes effect immediately if it receives |
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| 59 | 59 | | a vote of two-thirds of all the members elected to each house, as |
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| 60 | 60 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 61 | 61 | | Act does not receive the vote necessary for immediate effect, this |
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| 62 | 62 | | Act takes effect September 1, 2013. |
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