| 1 | 1 | | 88R5541 ANG-D |
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| 2 | 2 | | By: Middleton, Creighton S.B. No. 1027 |
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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 adoption of rules concerning certain on-site sewage |
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| 8 | 8 | | disposal systems. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 366.012(a), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) To assure the effective and efficient administration of |
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| 13 | 13 | | this chapter, the commission shall: |
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| 14 | 14 | | (1) adopt rules governing the installation of on-site |
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| 15 | 15 | | sewage disposal systems, including rules concerning the: |
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| 16 | 16 | | (A) review and approval of on-site sewage |
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| 17 | 17 | | disposal systems; and |
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| 18 | 18 | | (B) temporary waiver of a permit for an emergency |
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| 19 | 19 | | repair; and |
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| 20 | 20 | | (2) adopt rules under this chapter that: |
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| 21 | 21 | | (A) encourage the use of economically feasible |
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| 22 | 22 | | alternative techniques and technologies for on-site sewage |
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| 23 | 23 | | disposal systems that can be used in soils not suitable for |
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| 24 | 24 | | conventional on-site sewage disposal; |
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| 25 | 25 | | (B) address the separation of graywater, as |
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| 26 | 26 | | defined by Section 341.039, in a residence served by an on-site |
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| 27 | 27 | | sewage disposal system; |
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| 28 | 28 | | (C) allow for an adjustment in the size required |
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| 29 | 29 | | of an on-site sewage disposal system if the system is used in |
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| 30 | 30 | | conjunction with a graywater system that complies with the rules |
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| 31 | 31 | | adopted under Section 341.039; [and] |
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| 32 | 32 | | (D) require on-site sewage disposal systems, |
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| 33 | 33 | | including risers and covers, installed after September 1, 2012, to |
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| 34 | 34 | | be designed to prevent access to the system by anyone other than: |
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| 35 | 35 | | (i) the owner of the system; or |
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| 36 | 36 | | (ii) a person described by Section |
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| 37 | 37 | | 366.071(a) or (b); and |
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| 38 | 38 | | (E) for a county with a population of at least |
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| 39 | 39 | | 350,000 and not more than 370,000 that is adjacent to the Gulf of |
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| 40 | 40 | | Mexico and adjacent to a county with a population of at least 3.3 |
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| 41 | 41 | | million, allow for the installation of aerobic drip emitter systems |
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| 42 | 42 | | on subdivided or platted properties less than one-half acre in size |
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| 43 | 43 | | serving single-family residences supplied by a public drinking |
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| 44 | 44 | | water system if site-specific planning materials have been: |
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| 45 | 45 | | (i) submitted by a licensed engineer or |
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| 46 | 46 | | registered sanitarian; and |
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| 47 | 47 | | (ii) approved by the appropriate authorized |
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| 48 | 48 | | agent. |
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| 49 | 49 | | SECTION 2. As soon as practicable after the effective date |
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| 50 | 50 | | of this Act, the Texas Commission on Environmental Quality shall |
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| 51 | 51 | | adopt rules in accordance with Section 366.012(a), Health and |
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| 52 | 52 | | Safety Code, as amended by this Act. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2023. |
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