| 1 | 1 | | 84R4480 JRR-D |
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| 2 | 2 | | By: Wray H.B. No. 1301 |
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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 authority of the Texas Commission on Environmental |
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| 8 | 8 | | Quality to adopt rules prohibiting the use of an on-site sewage |
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| 9 | 9 | | disposal system with an absorptive effluent disposal system. |
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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. Subchapter B, Chapter 366, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 366.0125 to read as follows: |
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| 13 | 13 | | Sec. 366.0125. ON-SITE SEWAGE DISPOSAL SYSTEMS WITH |
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| 14 | 14 | | ABSORPTIVE EFFLUENT DISPOSAL SYSTEM. (a) In this section, |
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| 15 | 15 | | "absorptive effluent disposal system" means a disposal system that |
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| 16 | 16 | | disperses effluent from an on-site sewage disposal system into |
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| 17 | 17 | | adjacent soil of a drainfield. |
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| 18 | 18 | | (b) This section does not apply to an on-site sewage |
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| 19 | 19 | | disposal system that is located in the Edwards Aquifer recharge |
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| 20 | 20 | | zone, as designated by the commission. |
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| 21 | 21 | | (c) The commission may not adopt rules prohibiting an owner |
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| 22 | 22 | | of a single-family residence from constructing, reconstructing, |
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| 23 | 23 | | altering, repairing, replacing, reinstalling, extending, |
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| 24 | 24 | | maintaining, or operating an on-site sewage disposal system with an |
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| 25 | 25 | | absorptive effluent disposal system for the residence on the basis |
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| 26 | 26 | | that the soil is not suitable for an absorptive drainfield if the |
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| 27 | 27 | | residence: |
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| 28 | 28 | | (1) was served by an on-site sewage disposal system |
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| 29 | 29 | | with an absorptive effluent disposal system before September 1, |
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| 30 | 30 | | 1987, and continues to be served by such a system; or |
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| 31 | 31 | | (2) is located on a tract of land that is at least 10 |
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| 32 | 32 | | acres and the tract does not contain more than one absorptive |
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| 33 | 33 | | effluent disposal system for each 10 acres. |
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| 34 | 34 | | SECTION 2. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2015. |
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