84R5192 JRR-F
By: Lucio III H.B. No. 1226
A BILL TO BE ENTITLED
AN ACT
relating to the designation of a local governmental entity as an
authorized agent of the Texas Commission on Environmental Quality
to regulate the use of on-site sewage disposal systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 366.035, Health and Safety Code, is
amended to read as follows:
Sec. 366.035. MANDATORY APPLICATION FOR AND MAINTENANCE OF
DESIGNATION. A local governmental entity that applies to the Texas
Water Development Board for financial assistance under a program
for economically distressed areas must take all actions necessary
to receive and maintain a designation as an authorized agent of the
commission if:
(1) the financial assistance is for a project related
to on-site sewage disposal systems; and
(2) the local governmental entity is not located in
the jurisdiction of an authorized agent.
SECTION 2. Section 366.036(a), Health and Safety Code, is
amended to read as follows:
(a) If the commission designates a local governmental
entity as its authorized agent and if the entity intends to apply to
the Texas Water Development Board for financial assistance under a
program for economically distressed areas and the financial
assistance is for a project related to on-site sewage disposal
systems, the commissioners court of the county in which the entity
is located shall prepare a map of the county area outside the limits
of municipalities. The entity shall give to the commissioners
court a written notice of the entity's intention to apply for the
assistance. The map must show the parts of the area in which the
different types of on-site sewage disposal systems may be
appropriately located and the parts in which the different types of
systems may not be appropriately located.
SECTION 3. Sections 366.035 and 366.036, Health and Safety
Code, as amended by this Act, apply only to an application for
financial assistance submitted on or after the effective date of
this Act. An application for financial assistance submitted before
the effective date of this Act is governed by the law in effect on
the date the application was submitted, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.