By: Guillen (Senate Sponsor - Hinojosa) H.B. No. 3264
(In the Senate - Received from the House May 6, 2015;
May 7, 2015, read first time and referred to Committee on
Agriculture, Water, and Rural Affairs; May 19, 2015, reported
favorably by the following vote: Yeas 6, Nays 0; May 19, 2015, sent
to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of permit requirements for the
operation of a domestic wastewater treatment facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter L, Chapter 5, Water Code, is amended
by adding Section 5.5146 to read as follows:
Sec. 5.5146. EMERGENCY ORDER CONCERNING OPERATION OF
CERTAIN TREATMENT FACILITIES WITHOUT PERMIT. The commission may
issue an emergency order under this subchapter suspending
operations of a treatment facility that:
(1) handles waste and wastewater from humans or
household operations;
(2) is required to obtain a permit from the
commission; and
(3) is operating without the required permit.
SECTION 2. Subchapter B, Chapter 7, Water Code, is amended
by adding Section 7.035 to read as follows:
Sec. 7.035. INJUNCTION AND ENFORCEMENT RELATING TO CERTAIN
TREATMENT FACILITIES. (a) Except as provided by Subsection (b), if
the commission determines that a treatment facility that handles
waste and wastewater from humans or household operations is
operating without a permit required by the commission, the
commission shall:
(1) issue an order:
(A) enjoining further operation of the facility
until the commission issues the required permit; and
(B) imposing an administrative penalty under
this chapter; or
(2) institute a civil action under Subchapter D to:
(A) enjoin further operation of the facility
until the commission issues the required permit; and
(B) impose a civil penalty.
(b) If the commission determines there is no feasible
alternative treatment or disposal option for the wastewater being
sent to the treatment facility, including the option of hauling the
wastewater to a permitted facility, the commission is not required
to enjoin the operation of the facility under Subsection (a) and may
impose other applicable penalties under this chapter.
SECTION 3. The changes in law made by this Act apply only to
a violation that occurs on or after the effective date of this Act.
A violation that occurs before the effective date of this Act is
governed by the law in effect on the date the violation occurred,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
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