| 1 | 1 | | 84R5192 JRR-F |
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| 2 | 2 | | By: Lucio III H.B. No. 1226 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the designation of a local governmental entity as an |
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| 8 | 8 | | authorized agent of the Texas Commission on Environmental Quality |
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| 9 | 9 | | to regulate the use of on-site sewage disposal systems. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 366.035, Health and Safety Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Sec. 366.035. MANDATORY APPLICATION FOR AND MAINTENANCE OF |
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| 14 | 14 | | DESIGNATION. A local governmental entity that applies to the Texas |
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| 15 | 15 | | Water Development Board for financial assistance under a program |
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| 16 | 16 | | for economically distressed areas must take all actions necessary |
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| 17 | 17 | | to receive and maintain a designation as an authorized agent of the |
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| 18 | 18 | | commission if: |
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| 19 | 19 | | (1) the financial assistance is for a project related |
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| 20 | 20 | | to on-site sewage disposal systems; and |
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| 21 | 21 | | (2) the local governmental entity is not located in |
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| 22 | 22 | | the jurisdiction of an authorized agent. |
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| 23 | 23 | | SECTION 2. Section 366.036(a), Health and Safety Code, is |
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| 24 | 24 | | amended to read as follows: |
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| 25 | 25 | | (a) If the commission designates a local governmental |
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| 26 | 26 | | entity as its authorized agent and if the entity intends to apply to |
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| 27 | 27 | | the Texas Water Development Board for financial assistance under a |
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| 28 | 28 | | program for economically distressed areas and the financial |
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| 29 | 29 | | assistance is for a project related to on-site sewage disposal |
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| 30 | 30 | | systems, the commissioners court of the county in which the entity |
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| 31 | 31 | | is located shall prepare a map of the county area outside the limits |
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| 32 | 32 | | of municipalities. The entity shall give to the commissioners |
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| 33 | 33 | | court a written notice of the entity's intention to apply for the |
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| 34 | 34 | | assistance. The map must show the parts of the area in which the |
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| 35 | 35 | | different types of on-site sewage disposal systems may be |
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| 36 | 36 | | appropriately located and the parts in which the different types of |
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| 37 | 37 | | systems may not be appropriately located. |
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| 38 | 38 | | SECTION 3. Sections 366.035 and 366.036, Health and Safety |
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| 39 | 39 | | Code, as amended by this Act, apply only to an application for |
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| 40 | 40 | | financial assistance submitted on or after the effective date of |
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| 41 | 41 | | this Act. An application for financial assistance submitted before |
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| 42 | 42 | | the effective date of this Act is governed by the law in effect on |
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| 43 | 43 | | the date the application was submitted, and the former law is |
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| 44 | 44 | | continued in effect for that purpose. |
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| 45 | 45 | | SECTION 4. This Act takes effect September 1, 2015. |
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