Texas 2019 - 86th Regular

Texas House Bill HB4110 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R13299 JAM-D
2	2	By: Zwiener H.B. No. 4110
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a study evaluating and making recommendations for the
8	8	regulation of on-site sewage disposal systems in the recharge zone
9	9	of the Edwards Aquifer.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. DEFINITIONS. In this Act:
12	12	(1) "Commission" means the Texas Commission on
13	13	Environmental Quality.
14	14	(2) "On-site sewage disposal system" has the meaning
15	15	assigned by Section 366.002, Health and Safety Code.
16	16	SECTION 2. STUDY. (a) The commission shall conduct a study
17	17	to evaluate:
18	18	(1) the regulation of on-site sewage disposal systems
19	19	in the recharge zone of the Edwards Aquifer;
20	20	(2) the effects of on-site sewage disposal systems on
21	21	the recharge zone of the Edwards Aquifer and the Edwards Aquifer;
22	22	and
23	23	(3) best management practices for the regulation of
24	24	on-site sewage disposal systems in the recharge zone of the Edwards
25	25	Aquifer that:
26	26	(A) protect the supply of water, including
27	27	potable water, to users of groundwater from the Edwards Aquifer
28	28	through more restrictive regulations;
29	29	(B) do not contribute to adverse toxic effects on
30	30	aquatic life in the Edwards Aquifer; and
31	31	(C) do not contribute to adverse toxic effects on
32	32	human health resulting from the consumption of water from the
33	33	Edwards Aquifer.
34	34	(b) In conducting the study, the commission shall solicit
35	35	and consider information from the scientific and engineering
36	36	community and other stakeholders.
37	37	(c) The commission may contract with any appropriate person
38	38	to assist in conducting the study.
39	39	SECTION 3. REPORT. Not later than March 1, 2020, the
40	40	commission shall make publicly available on its Internet website a
41	41	report of the findings and recommendations of the study conducted
42	42	under this Act. In the report, the commission must include findings
43	43	that address the study objectives described in Section 2(a)(3) of
44	44	this Act. The commission must include in the report
45	45	recommendations, based on the findings, for on-site sewage disposal
46	46	regulatory practices that can be used to achieve the objectives of
47	47	Section 2(a)(3) of this Act.
48	48	SECTION 4. RULES TO IMPLEMENT. (a) Not later than
49	49	September 1, 2020, the commission shall develop proposed rules the
50	50	commission considers appropriate to implement the findings and
51	51	recommendations of the report and shall file notice of the proposed
52	52	rules as provided by Section 2001.023, Government Code.
53	53	(b) A rule proposed under Subsection (a) of this section
54	54	applies only to an action, including a filing of an application for
55	55	a permit or permit amendment, taken on or after the effective date
56	56	of the rule. An action taken before the effective date of a rule
57	57	proposed under Subsection (a) of this section is governed by the law
58	58	in effect at the time the action was taken, and an application for a
59	59	permit or permit amendment must be approved or denied on the basis
60	60	of the law in effect at the time the application is filed.
61	61	SECTION 5. EXPIRATION. This Act expires on the earlier of:
62	62	(1) the date the commission adopts rules proposed
63	63	under Section 4 of this Act; or
64	64	(2) December 1, 2021.
65	65	SECTION 6. EFFECTIVE DATE. This Act takes effect
66	66	immediately if it receives a vote of two-thirds of all the members
67	67	elected to each house, as provided by Section 39, Article III, Texas
68	68	Constitution. If this Act does not receive the vote necessary for
69	69	immediate effect, this Act takes effect September 1, 2019.