88R10337 MP-F
By: Kitzman, et al. H.B. No. 3128
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of on-site sewage disposal systems,
including requiring a license for on-site sewage disposal system
pumping technicians.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 366.001, Health and Safety Code, is
amended to read as follows:
Sec. 366.001. POLICY AND PURPOSE. It is the public policy
of this state and the purpose of this chapter to:
(1) eliminate and prevent health hazards by regulating
and properly planning the location, design, construction,
installation, operation, pumping, and maintenance of on-site
sewage disposal systems;
(2) authorize the commission or authorized agent to
impose and collect a permit fee for:
(A) construction, installation, alteration,
repair, or extension of on-site sewage disposal systems; and
(B) tests, designs, and inspections of those
systems;
(3) authorize the commission or authorized agent to
impose a penalty for a violation of this chapter or a rule adopted
under this chapter;
(4) authorize the commission to license or register
certain persons; and
(5) allow the individual owner of a disposal system to
install and repair the system in accordance with this chapter.
SECTION 2. Section 366.052(a), Health and Safety Code, is
amended to read as follows:
(a) Sections 366.051, 366.053, 366.054, and 366.057 do not
apply to an on-site sewage disposal system of a single residence
that is located on a land tract that is:
(1) 10 acres or larger in which the field line or
sewage disposal line is not closer than 100 feet of the property
line; and
(2) in a county with a population of less than 40,000.
SECTION 3. Sections 366.071(a) and (d), Health and Safety
Code, are amended to read as follows:
(a) A person who constructs, installs, alters, extends,
services, maintains, pumps, or repairs an on-site sewage disposal
system or any part of an on-site sewage disposal system for
compensation must hold a license or registration issued by the
commission under Chapter 37, Water Code.
(d) The commission may implement a program under Chapter 37,
Water Code, to register persons who service, pump, or maintain
on-site sewage disposal systems for compensation.
SECTION 4. Section 366.052(a), Health and Safety Code, as
amended by this Act, applies only to a residence for which
construction begins on or after the effective date of this Act. A
residence for which construction began before the effective date of
this Act is governed by the law in effect when construction began,
and the former law is continued in effect for that purpose.
SECTION 5. Not later than September 1, 2024, the Texas
Commission on Environmental Quality shall adopt rules implementing
Section 366.071(a), Health and Safety Code, as amended by this Act.
The rules must provide for the creation of an on-site sewage
disposal system pumping technician license or registration and the
requirements and qualifications to obtain the license or
registration.
SECTION 6. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2023.
(b) Section 366.071(a), Health and Safety Code, as amended
by this Act, takes effect September 1, 2024.