| 1 | 1 | | 85R11859 GRM-D |
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| 2 | 2 | | By: Elkins H.B. No. 4221 |
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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 requiring owners of sanitary sewer systems to report |
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| 8 | 8 | | the current condition of a system's infrastructure to the Texas |
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| 9 | 9 | | Commission on Environmental Quality. |
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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 E, Chapter 13, Water Code, is amended |
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| 12 | 12 | | by adding Section 13.150 to read as follows: |
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| 13 | 13 | | Sec. 13.150. SEWER UTILITY SERVICE SYSTEM REPORT. (a) A |
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| 14 | 14 | | retail public utility that provides sewer utility service shall |
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| 15 | 15 | | report to the commission the current condition of the utility's |
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| 16 | 16 | | sewer system. |
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| 17 | 17 | | (b) The retail public utility must report to the commission |
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| 18 | 18 | | not later than the 10th anniversary of the date the utility last |
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| 19 | 19 | | filed a report under this section. |
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| 20 | 20 | | (c) The report must rate the condition of all sewer |
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| 21 | 21 | | collection infrastructure components of the system in accordance |
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| 22 | 22 | | with commission rules as: |
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| 23 | 23 | | (1) functioning without signs of deterioration or |
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| 24 | 24 | | leaks and in a good condition that requires no repairs; |
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| 25 | 25 | | (2) needing minor repairs to restore minor damage or |
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| 26 | 26 | | to fix leaks or cracks; |
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| 27 | 27 | | (3) needing to be rehabilitated to restore lost |
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| 28 | 28 | | structural integrity soon or to fix active leaks and cracks |
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| 29 | 29 | | allowing inflow and outflow; or |
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| 30 | 30 | | (4) requiring a full replacement because the system |
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| 31 | 31 | | component is near to or in a condition of failure. |
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| 32 | 32 | | (d) The condition assignment described by Subsection (c) |
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| 33 | 33 | | must be signed by: |
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| 34 | 34 | | (1) an engineer; and |
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| 35 | 35 | | (2) the governing body of the retail public utility. |
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| 36 | 36 | | (e) The commission shall compile information from the |
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| 37 | 37 | | report required by this section and post the information on the |
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| 38 | 38 | | commission's Internet website. |
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| 39 | 39 | | SECTION 2. A retail public utility, as defined by Section |
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| 40 | 40 | | 13.002, Water Code, that provides sewer utility service must submit |
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| 41 | 41 | | the initial report required by Section 13.150, Water Code, as added |
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| 42 | 42 | | by this Act, on or before December 1, 2018. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2017. |
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