89R15020 JRR-D
By: Kitzman H.B. No. 5549
A BILL TO BE ENTITLED
AN ACT
relating to the regulation and planning of on-site sewage disposal
systems; authorizing and increasing a criminal penalty; increasing
the amount of a fee.
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, [and] maintenance, and pumping 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
used at the owner's primary residence to install and repair the
system in accordance with this chapter.
SECTION 2. Section 366.002, Health and Safety Code, is
amended by amending Subdivisions (6) and (8) to read as follows:
(6) "Nuisance" means:
(A) sewage, human excreta, or other organic waste
discharged or exposed in a manner that makes it a potential
instrument or medium in the transmission of disease to or between
persons; or
(B) an overflowing sewage treatment or holding
[septic] tank or similar device, including surface discharge from
or groundwater contamination by a component of an on-site sewage
disposal system, or a blatant discharge from an on-site sewage
disposal system.
(8) "Owner" means a person who owns the [a building or
other] property served by an on-site sewage disposal system.
SECTION 3. Section 366.011, Health and Safety Code, is
amended to read as follows:
Sec. 366.011. GENERAL SUPERVISION AND AUTHORITY. The
commission or authorized agents:
(1) have general authority over the location, design,
construction, installation, and proper functioning of on-site
sewage disposal systems in their designated area of jurisdiction;
and
(2) shall administer this chapter and the rules
adopted under this chapter.
SECTION 4. Section 366.012, Health and Safety Code, is
amended to read as follows:
Sec. 366.012. RULES CONCERNING ON-SITE SEWAGE DISPOSAL
SYSTEMS. (a) To assure the effective and efficient administration
of this chapter, the commission shall:
(1) adopt rules governing the installation of on-site
sewage disposal systems, including rules concerning the:
(A) review and approval of on-site sewage
disposal systems; and
(B) temporary waiver of a permit for an emergency
repair; and
(2) adopt rules under this chapter that:
(A) encourage the use of economically feasible
alternative techniques and technologies for on-site sewage
disposal systems that can be used in soils not suitable for
conventional on-site sewage disposal;
(B) address the separation of graywater, as
defined by Section 341.039, in a residence served by an on-site
sewage disposal system;
(C) allow for an adjustment in the size required
of an on-site sewage disposal system if the system is used in
conjunction with a graywater system that complies with the rules
adopted under Section 341.039; and
(D) require on-site sewage disposal systems,
including risers and covers, installed after September 1, 2012, to
be designed to prevent access to the system by anyone other than:
(i) the owner of the system; or
(ii) a person described by Section
366.071(a) or (b)[;
[(E) for a county with a population of at least
350,000 and not more than 370,000 that is adjacent to the Gulf of
Mexico and adjacent to a county with a population of at least 3.3
million, allow for the installation of aerobic drip emitter systems
on subdivided or platted properties less than one-half acre in size
serving single-family residences supplied by a public drinking
water system if site-specific planning materials have been:
[(i) submitted by a licensed engineer or
registered sanitarian; and
[(ii) approved by the appropriate
authorized agent; and
[(F) for a county with a population of more than
40,000 and less than 50,000 that borders the Red River along the
Oklahoma state line and has a major interstate road running through
it, allow for the installation of aerobic drip emitter systems on
subdivided or platted properties less than one-half acre in size,
serving single-family residences supplied by a public drinking
water system if site-specific planning materials have been:
[(i) submitted by a licensed engineer or
registered sanitarian; and
[(ii) approved by the appropriate
authorized agent].
(b) In rules adopted under this chapter, the commission
shall include definitions and detailed descriptions of good
management practices and procedures for the construction and
operation of on-site sewage disposal systems that:
(1) justify variation in field size or in other
standard requirements;
(2) promote the use of good management practices or
procedures in the construction and operation of on-site sewage
disposal systems;
(3) require the use of one or more specific management
practices or procedures as a condition of approval of a standard
on-site sewage disposal system if, in the opinion of the commission
or authorized agent, site conditions or other problems require the
use of additional management practices or procedures to ensure the
proper operation of an on-site sewage disposal system; and
(4) make available general, operational information
to the public.
SECTION 5. Section 366.013(e), Health and Safety Code, is
amended to read as follows:
(e) This section does not apply to an aerobic [,
nonstandard,] or proprietary on-site sewage treatment system
unless the water softener drain line to the system bypasses the
treatment system and flows into the pump tank or directly into the
discharge method.
SECTION 6. Section 366.014, Health and Safety Code, is
amended to read as follows:
Sec. 366.014. DESIGNATED PERSON. Subject to the
requirements of Section 366.071(b), the commission or an authorized
agent shall [may] designate one or more persons [a person] to:
(1) review permit applications, site evaluations, or
planning materials; or
(2) inspect on-site sewage disposal systems.
SECTION 7. Section 366.031, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) Notwithstanding the designation of an authorized agent
under this section, the commission shall maintain the authority and
responsibility for permitting on-site sewage disposal systems that
produce over 1,500 gallons per day unless the commission
specifically designates that authority and responsibility to the
authorized agent. The commission may designate to an authorized
agent the authority and responsibility to permit on-site sewage
disposal systems that produce over 1,500 gallons per day only if the
authorized agent satisfactorily demonstrates minimum designated
representative qualification standards and licensure, as
prescribed by the commission.
SECTION 8. Section 366.032(c), Health and Safety Code, is
amended to read as follows:
(c) An authorized agent must obtain commission approval of
any [substantive] amendments to the agent's order or resolution.
SECTION 9. Section 366.034, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) If the commission determines that an authorized agent
does not consistently enforce the commission's minimum
requirements for on-site sewage disposal systems, the commission
may [shall] hold a hearing and determine whether to continue the
designation as an authorized agent.
(c) The commission may assess an administrative penalty
against an authorized agent if the commission determines that the
authorized agent does not implement and enforce the commission's
minimum requirements for on-site sewage disposal systems.
SECTION 10. The heading to Section 366.0515, Health and
Safety Code, is amended to read as follows:
Sec. 366.0515. MAINTENANCE CONTRACT [AND PERFORMANCE
BOND].
SECTION 11. Sections 366.0515(a), (b), (d), (e), and (g),
Health and Safety Code, are amended to read as follows:
(a) Except as provided by Subsection (g), an authorized
agent or the commission may not condition a permit or the approval
of a permit for an on-site sewage disposal system using aerobic
treatment for a single-family residence on the system's owner
contracting for the maintenance of the system if the single-family
residence is owned by an individual and is the individual's primary
residence.
(b) Except as provided by Subsection (a), an authorized
agent by order or resolution or the commission by rule may condition
approval of a permit for an on-site sewage disposal system on the
system's owner contracting for the maintenance of the system. If a
maintenance contract is required, the owner of the on-site sewage
disposal system must submit to the permitting authority[:
[(1)] a signed contract for the maintenance of the
on-site sewage disposal system[; and
[(2) if the on-site sewage disposal system is located
in a county with a population of more than 2.8 million, a
performance bond obtained from the person with whom the owner of the
on-site sewage disposal system has contracted for maintenance of
the system].
(d) If the owner of the on-site sewage disposal system
enters into a new maintenance contract or revises the original
maintenance contract, the owner must submit a copy of the new or
revised maintenance contract [and a new performance bond] to the
permitting authority not later than the 30th day after the date on
which the original contract terminates or is modified.
(e) The permitting authority may establish and collect a
reasonable fee to cover the cost of administering the [performance
bond] program.
(g) The owner of a single-family residence shall maintain
the system directly or through a maintenance contract. If an
authorized agent or the commission determines that an owner of a
single-family residence located in a county with a population of at
least 40,000 who maintains the owner's system directly has violated
this chapter or a rule adopted or order or permit issued under this
chapter, the owner, not later than the 10th day after the date of
receipt of notification of the violation, shall correct the
violation or enter into a contract for the maintenance of the
system. If before the third anniversary of the date of the
determination the owner is determined to have committed another
violation of this chapter or a rule adopted under this chapter, the
owner, not later than the 10th day after the date of receipt of
notification of the subsequent violation, shall enter into a
contract for the maintenance of the system. An owner of a
single-family residence located in a county with a population of at
least 40,000 who maintains the owner's system directly and who
violates this chapter or a rule adopted or order or permit issued
under this chapter is also subject to an administrative penalty.
The commission may recover the penalty in a proceeding conducted as
provided by Subchapter C, Chapter 7, Water Code, or the authorized
agent may recover the penalty in a proceeding conducted under an
order or resolution of the agent. Notwithstanding Section 7.052,
Water Code, the amount of the penalty may not exceed $500 [$100].
SECTION 12. 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
if:
(1) the single residence is:
(A) located in a county with a population of less
than 40,000; and
(B) owned by an individual and is the
individual's primary residence; and
(2) the system [that] is located on a land tract that
is 10 acres or larger in which the field line or sewage disposal
line is not closer than 100 feet of the property line.
SECTION 13. Section 366.055(c), Health and Safety Code, is
amended to read as follows:
(c) A holder of a permit issued under this chapter or the
holder's designee shall notify the commission, the authorized
agent, or a designated representative not later than the fifth
working day before the proposed date of the operation of an
installation that the installation is ready for inspection.
SECTION 14. Section 366.057(b), Health and Safety Code, is
amended to read as follows:
(b) A permit and approved plan to construct, alter, repair,
extend, or operate an on-site sewage disposal system must be issued
in the name of the person who owns the property [system] and must
identify the specific property location or address for the specific
construction, alteration, extension, repair, or operation proposed
by the person.
SECTION 15. Section 366.058, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) The permit fee shall be paid to the authorized agent or
the commission, whichever performs the permitting function.
SECTION 16. Sections 366.071(a), (c), 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, or accesses 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.
(c) A person who conducts preconstruction site evaluations,
including visiting a site and performing a soil analysis, a site
survey, or other activities necessary to determine the suitability
of a site for an on-site sewage disposal system must hold a license
issued by the commission under Chapter 37, Water Code, unless the
person is licensed by the Texas Board of Professional Engineers and
Land Surveyors as an engineer or licensed by the Texas Board of
Professional Geoscientists as a geologist.
(d) The commission may implement a program under Chapter 37,
Water Code, to register persons who service, [or] maintain, or pump
on-site sewage disposal systems [for compensation].
SECTION 17. Section 367.010(a), Health and Safety Code, is
amended to read as follows:
(a) The commission and each county, municipality, public
health department, and river authority shall collect a $30 [$10]
fee for each on-site wastewater treatment permit application
processed.
SECTION 18. Section 5.701(q), Water Code, is amended to
read as follows:
(q) Notwithstanding any other law, fees collected for
deposit to the water resource management account under the
following statutes may be appropriated and used to protect water
resources in this state, including assessment of water quality,
reasonably related to the activities of any of the persons required
to pay a fee under:
(1) Subsections (b) and (c), to the extent those fees
are collected in connection with water use or water quality
permits;
(2) Subsections (h)-(l);
(3) Section 11.138(g);
(4) Section 11.145;
(5) Section 26.0135(h);
(6) Sections 26.0291, 26.044, and 26.0461; or
(7) Sections 341.041, 366.058, [366.059,] 371.024,
371.026, and 371.062, Health and Safety Code.
SECTION 19. The following provisions of the Health and
Safety Code are repealed:
(1) Section 366.0515(c); and
(2) Sections 366.035, 366.036, 366.0513, 366.054, and
366.059.
SECTION 20. This Act takes effect September 1, 2025.