| 1 | 1 | | 88R10337 MP-F |
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| 2 | 2 | | By: Kitzman, et al. H.B. No. 3128 |
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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 regulation of on-site sewage disposal systems, |
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| 8 | 8 | | including requiring a license for on-site sewage disposal system |
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| 9 | 9 | | pumping technicians. |
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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. Section 366.001, Health and Safety Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Sec. 366.001. POLICY AND PURPOSE. It is the public policy |
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| 14 | 14 | | of this state and the purpose of this chapter to: |
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| 15 | 15 | | (1) eliminate and prevent health hazards by regulating |
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| 16 | 16 | | and properly planning the location, design, construction, |
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| 17 | 17 | | installation, operation, pumping, and maintenance of on-site |
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| 18 | 18 | | sewage disposal systems; |
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| 19 | 19 | | (2) authorize the commission or authorized agent to |
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| 20 | 20 | | impose and collect a permit fee for: |
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| 21 | 21 | | (A) construction, installation, alteration, |
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| 22 | 22 | | repair, or extension of on-site sewage disposal systems; and |
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| 23 | 23 | | (B) tests, designs, and inspections of those |
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| 24 | 24 | | systems; |
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| 25 | 25 | | (3) authorize the commission or authorized agent to |
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| 26 | 26 | | impose a penalty for a violation of this chapter or a rule adopted |
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| 27 | 27 | | under this chapter; |
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| 28 | 28 | | (4) authorize the commission to license or register |
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| 29 | 29 | | certain persons; and |
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| 30 | 30 | | (5) allow the individual owner of a disposal system to |
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| 31 | 31 | | install and repair the system in accordance with this chapter. |
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| 32 | 32 | | SECTION 2. Section 366.052(a), Health and Safety Code, is |
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| 33 | 33 | | amended to read as follows: |
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| 34 | 34 | | (a) Sections 366.051, 366.053, 366.054, and 366.057 do not |
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| 35 | 35 | | apply to an on-site sewage disposal system of a single residence |
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| 36 | 36 | | that is located on a land tract that is: |
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| 37 | 37 | | (1) 10 acres or larger in which the field line or |
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| 38 | 38 | | sewage disposal line is not closer than 100 feet of the property |
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| 39 | 39 | | line; and |
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| 40 | 40 | | (2) in a county with a population of less than 40,000. |
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| 41 | 41 | | SECTION 3. Sections 366.071(a) and (d), Health and Safety |
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| 42 | 42 | | Code, are amended to read as follows: |
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| 43 | 43 | | (a) A person who constructs, installs, alters, extends, |
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| 44 | 44 | | services, maintains, pumps, or repairs an on-site sewage disposal |
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| 45 | 45 | | system or any part of an on-site sewage disposal system for |
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| 46 | 46 | | compensation must hold a license or registration issued by the |
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| 47 | 47 | | commission under Chapter 37, Water Code. |
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| 48 | 48 | | (d) The commission may implement a program under Chapter 37, |
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| 49 | 49 | | Water Code, to register persons who service, pump, or maintain |
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| 50 | 50 | | on-site sewage disposal systems for compensation. |
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| 51 | 51 | | SECTION 4. Section 366.052(a), Health and Safety Code, as |
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| 52 | 52 | | amended by this Act, applies only to a residence for which |
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| 53 | 53 | | construction begins on or after the effective date of this Act. A |
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| 54 | 54 | | residence for which construction began before the effective date of |
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| 55 | 55 | | this Act is governed by the law in effect when construction began, |
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| 56 | 56 | | and the former law is continued in effect for that purpose. |
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| 57 | 57 | | SECTION 5. Not later than September 1, 2024, the Texas |
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| 58 | 58 | | Commission on Environmental Quality shall adopt rules implementing |
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| 59 | 59 | | Section 366.071(a), Health and Safety Code, as amended by this Act. |
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| 60 | 60 | | The rules must provide for the creation of an on-site sewage |
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| 61 | 61 | | disposal system pumping technician license or registration and the |
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| 62 | 62 | | requirements and qualifications to obtain the license or |
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| 63 | 63 | | registration. |
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| 64 | 64 | | SECTION 6. (a) Except as provided by Subsection (b) of this |
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| 65 | 65 | | section, this Act takes effect September 1, 2023. |
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| 66 | 66 | | (b) Section 366.071(a), Health and Safety Code, as amended |
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| 67 | 67 | | by this Act, takes effect September 1, 2024. |
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