Relating to the authority of the Texas Commission on Environmental Quality to adopt rules prohibiting the use of an on-site sewage disposal system with an absorptive effluent disposal system.
Impact
The bill primarily affects existing regulations in the Health and Safety Code within Texas. By preventing TCEQ from banning these systems based on soil suitability unless certain conditions regarding installation and land size are met, the legislation is aimed at allowing residents greater flexibility in maintaining their sewage systems. This could have a significant impact on property owners, especially those with larger land parcels, who may wish to use these types of systems without the constraints imposed by the TCEQ.
Summary
House Bill 1301 seeks to amend the authority of the Texas Commission on Environmental Quality (TCEQ) regarding the prohibition of on-site sewage disposal systems that use absorptive effluent disposal systems. Specifically, the bill establishes that TCEQ cannot adopt rules that would prevent homeowners from constructing or maintaining such systems, particularly in cases where the residence had been previously served by these systems before a specified date in 1987. The legislation underscores the state's position on managing local sewage disposal practices without imposing restrictions that previous installations have adhered to.
Contention
There are notable implications concerning public health and environmental protection with HB1301. Proponents argue that this bill would help maintain existing sewage systems that are essential for rural and less densely populated areas where municipal sewage services are not available. Conversely, opponents may raise concerns about the potential negative effects on groundwater and soil health if older, inadequately maintained systems are allowed to persist without oversight. The balance between environmental protection and individual property rights remains a contentious point surrounding this bill.