Texas 2025 - 89th Regular

Texas House Bill HB5549 Compare Versions

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

Old	New	Differences
1	1	89R15020 JRR-D
2	2	By: Kitzman H.B. No. 5549
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation and planning of on-site sewage disposal
10	10	systems; authorizing and increasing a criminal penalty; increasing
11	11	the amount of a fee.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 366.001, Health and Safety Code, is
14	14	amended to read as follows:
15	15	Sec. 366.001. POLICY AND PURPOSE. It is the public policy
16	16	of this state and the purpose of this chapter to:
17	17	(1) eliminate and prevent health hazards by regulating
18	18	and properly planning the location, design, construction,
19	19	installation, operation, [and] maintenance, and pumping of on-site
20	20	sewage disposal systems;
21	21	(2) authorize the commission or authorized agent to
22	22	impose and collect a permit fee for:
23	23	(A) construction, installation, alteration,
24	24	repair, or extension of on-site sewage disposal systems; and
25	25	(B) tests, designs, and inspections of those
26	26	systems;
27	27	(3) authorize the commission or authorized agent to
28	28	impose a penalty for a violation of this chapter or a rule adopted
29	29	under this chapter;
30	30	(4) authorize the commission to license or register
31	31	certain persons; and
32	32	(5) allow the individual owner of a disposal system
33	33	used at the owner's primary residence to install and repair the
34	34	system in accordance with this chapter.
35	35	SECTION 2. Section 366.002, Health and Safety Code, is
36	36	amended by amending Subdivisions (6) and (8) to read as follows:
37	37	(6) "Nuisance" means:
38	38	(A) sewage, human excreta, or other organic waste
39	39	discharged or exposed in a manner that makes it a potential
40	40	instrument or medium in the transmission of disease to or between
41	41	persons; or
42	42	(B) an overflowing sewage treatment or holding
43	43	[septic] tank or similar device, including surface discharge from
44	44	or groundwater contamination by a component of an on-site sewage
45	45	disposal system, or a blatant discharge from an on-site sewage
46	46	disposal system.
47	47	(8) "Owner" means a person who owns the [a building or
48	48	other] property served by an on-site sewage disposal system.
49	49	SECTION 3. Section 366.011, Health and Safety Code, is
50	50	amended to read as follows:
51	51	Sec. 366.011. GENERAL SUPERVISION AND AUTHORITY. The
52	52	commission or authorized agents:
53	53	(1) have general authority over the location, design,
54	54	construction, installation, and proper functioning of on-site
55	55	sewage disposal systems in their designated area of jurisdiction;
56	56	and
57	57	(2) shall administer this chapter and the rules
58	58	adopted under this chapter.
59	59	SECTION 4. Section 366.012, Health and Safety Code, is
60	60	amended to read as follows:
61	61	Sec. 366.012. RULES CONCERNING ON-SITE SEWAGE DISPOSAL
62	62	SYSTEMS. (a) To assure the effective and efficient administration
63	63	of this chapter, the commission shall:
64	64	(1) adopt rules governing the installation of on-site
65	65	sewage disposal systems, including rules concerning the:
66	66	(A) review and approval of on-site sewage
67	67	disposal systems; and
68	68	(B) temporary waiver of a permit for an emergency
69	69	repair; and
70	70	(2) adopt rules under this chapter that:
71	71	(A) encourage the use of economically feasible
72	72	alternative techniques and technologies for on-site sewage
73	73	disposal systems that can be used in soils not suitable for
74	74	conventional on-site sewage disposal;
75	75	(B) address the separation of graywater, as
76	76	defined by Section 341.039, in a residence served by an on-site
77	77	sewage disposal system;
78	78	(C) allow for an adjustment in the size required
79	79	of an on-site sewage disposal system if the system is used in
80	80	conjunction with a graywater system that complies with the rules
81	81	adopted under Section 341.039; and
82	82	(D) require on-site sewage disposal systems,
83	83	including risers and covers, installed after September 1, 2012, to
84	84	be designed to prevent access to the system by anyone other than:
85	85	(i) the owner of the system; or
86	86	(ii) a person described by Section
87	87	366.071(a) or (b)[;
88	88	[(E) for a county with a population of at least
89	89	350,000 and not more than 370,000 that is adjacent to the Gulf of
90	90	Mexico and adjacent to a county with a population of at least 3.3
91	91	million, allow for the installation of aerobic drip emitter systems
92	92	on subdivided or platted properties less than one-half acre in size
93	93	serving single-family residences supplied by a public drinking
94	94	water system if site-specific planning materials have been:
95	95	[(i) submitted by a licensed engineer or
96	96	registered sanitarian; and
97	97	[(ii) approved by the appropriate
98	98	authorized agent; and
99	99	[(F) for a county with a population of more than
100	100	40,000 and less than 50,000 that borders the Red River along the
101	101	Oklahoma state line and has a major interstate road running through
102	102	it, allow for the installation of aerobic drip emitter systems on
103	103	subdivided or platted properties less than one-half acre in size,
104	104	serving single-family residences supplied by a public drinking
105	105	water system if site-specific planning materials have been:
106	106	[(i) submitted by a licensed engineer or
107	107	registered sanitarian; and
108	108	[(ii) approved by the appropriate
109	109	authorized agent].
110	110	(b) In rules adopted under this chapter, the commission
111	111	shall include definitions and detailed descriptions of good
112	112	management practices and procedures for the construction and
113	113	operation of on-site sewage disposal systems that:
114	114	(1) justify variation in field size or in other
115	115	standard requirements;
116	116	(2) promote the use of good management practices or
117	117	procedures in the construction and operation of on-site sewage
118	118	disposal systems;
119	119	(3) require the use of one or more specific management
120	120	practices or procedures as a condition of approval of a standard
121	121	on-site sewage disposal system if, in the opinion of the commission
122	122	or authorized agent, site conditions or other problems require the
123	123	use of additional management practices or procedures to ensure the
124	124	proper operation of an on-site sewage disposal system; and
125	125	(4) make available general, operational information
126	126	to the public.
127	127	SECTION 5. Section 366.013(e), Health and Safety Code, is
128	128	amended to read as follows:
129	129	(e) This section does not apply to an aerobic [,
130	130	nonstandard,] or proprietary on-site sewage treatment system
131	131	unless the water softener drain line to the system bypasses the
132	132	treatment system and flows into the pump tank or directly into the
133	133	discharge method.
134	134	SECTION 6. Section 366.014, Health and Safety Code, is
135	135	amended to read as follows:
136	136	Sec. 366.014. DESIGNATED PERSON. Subject to the
137	137	requirements of Section 366.071(b), the commission or an authorized
138	138	agent shall [may] designate one or more persons [a person] to:
139	139	(1) review permit applications, site evaluations, or
140	140	planning materials; or
141	141	(2) inspect on-site sewage disposal systems.
142	142	SECTION 7. Section 366.031, Health and Safety Code, is
143	143	amended by adding Subsection (c) to read as follows:
144	144	(c) Notwithstanding the designation of an authorized agent
145	145	under this section, the commission shall maintain the authority and
146	146	responsibility for permitting on-site sewage disposal systems that
147	147	produce over 1,500 gallons per day unless the commission
148	148	specifically designates that authority and responsibility to the
149	149	authorized agent. The commission may designate to an authorized
150	150	agent the authority and responsibility to permit on-site sewage
151	151	disposal systems that produce over 1,500 gallons per day only if the
152	152	authorized agent satisfactorily demonstrates minimum designated
153	153	representative qualification standards and licensure, as
154	154	prescribed by the commission.
155	155	SECTION 8. Section 366.032(c), Health and Safety Code, is
156	156	amended to read as follows:
157	157	(c) An authorized agent must obtain commission approval of
158	158	any [substantive] amendments to the agent's order or resolution.
159	159	SECTION 9. Section 366.034, Health and Safety Code, is
160	160	amended by amending Subsection (b) and adding Subsection (c) to
161	161	read as follows:
162	162	(b) If the commission determines that an authorized agent
163	163	does not consistently enforce the commission's minimum
164	164	requirements for on-site sewage disposal systems, the commission
165	165	may [shall] hold a hearing and determine whether to continue the
166	166	designation as an authorized agent.
167	167	(c) The commission may assess an administrative penalty
168	168	against an authorized agent if the commission determines that the
169	169	authorized agent does not implement and enforce the commission's
170	170	minimum requirements for on-site sewage disposal systems.
171	171	SECTION 10. The heading to Section 366.0515, Health and
172	172	Safety Code, is amended to read as follows:
173	173	Sec. 366.0515. MAINTENANCE CONTRACT [AND PERFORMANCE
174	174	BOND].
175	175	SECTION 11. Sections 366.0515(a), (b), (d), (e), and (g),
176	176	Health and Safety Code, are amended to read as follows:
177	177	(a) Except as provided by Subsection (g), an authorized
178	178	agent or the commission may not condition a permit or the approval
179	179	of a permit for an on-site sewage disposal system using aerobic
180	180	treatment for a single-family residence on the system's owner
181	181	contracting for the maintenance of the system if the single-family
182	182	residence is owned by an individual and is the individual's primary
183	183	residence.
184	184	(b) Except as provided by Subsection (a), an authorized
185	185	agent by order or resolution or the commission by rule may condition
186	186	approval of a permit for an on-site sewage disposal system on the
187	187	system's owner contracting for the maintenance of the system. If a
188	188	maintenance contract is required, the owner of the on-site sewage
189	189	disposal system must submit to the permitting authority[:
190	190	[(1)] a signed contract for the maintenance of the
191	191	on-site sewage disposal system[; and
192	192	[(2) if the on-site sewage disposal system is located
193	193	in a county with a population of more than 2.8 million, a
194	194	performance bond obtained from the person with whom the owner of the
195	195	on-site sewage disposal system has contracted for maintenance of
196	196	the system].
197	197	(d) If the owner of the on-site sewage disposal system
198	198	enters into a new maintenance contract or revises the original
199	199	maintenance contract, the owner must submit a copy of the new or
200	200	revised maintenance contract [and a new performance bond] to the
201	201	permitting authority not later than the 30th day after the date on
202	202	which the original contract terminates or is modified.
203	203	(e) The permitting authority may establish and collect a
204	204	reasonable fee to cover the cost of administering the [performance
205	205	bond] program.
206	206	(g) The owner of a single-family residence shall maintain
207	207	the system directly or through a maintenance contract. If an
208	208	authorized agent or the commission determines that an owner of a
209	209	single-family residence located in a county with a population of at
210	210	least 40,000 who maintains the owner's system directly has violated
211	211	this chapter or a rule adopted or order or permit issued under this
212	212	chapter, the owner, not later than the 10th day after the date of
213	213	receipt of notification of the violation, shall correct the
214	214	violation or enter into a contract for the maintenance of the
215	215	system. If before the third anniversary of the date of the
216	216	determination the owner is determined to have committed another
217	217	violation of this chapter or a rule adopted under this chapter, the
218	218	owner, not later than the 10th day after the date of receipt of
219	219	notification of the subsequent violation, shall enter into a
220	220	contract for the maintenance of the system. An owner of a
221	221	single-family residence located in a county with a population of at
222	222	least 40,000 who maintains the owner's system directly and who
223	223	violates this chapter or a rule adopted or order or permit issued
224	224	under this chapter is also subject to an administrative penalty.
225	225	The commission may recover the penalty in a proceeding conducted as
226	226	provided by Subchapter C, Chapter 7, Water Code, or the authorized
227	227	agent may recover the penalty in a proceeding conducted under an
228	228	order or resolution of the agent. Notwithstanding Section 7.052,
229	229	Water Code, the amount of the penalty may not exceed $500 [$100].
230	230	SECTION 12. Section 366.052(a), Health and Safety Code, is
231	231	amended to read as follows:
232	232	(a) Sections 366.051, 366.053, [366.054,] and 366.057 do
233	233	not apply to an on-site sewage disposal system of a single residence
234	234	if:
235	235	(1) the single residence is:
236	236	(A) located in a county with a population of less
237	237	than 40,000; and
238	238	(B) owned by an individual and is the
239	239	individual's primary residence; and
240	240	(2) the system [that] is located on a land tract that
241	241	is 10 acres or larger in which the field line or sewage disposal
242	242	line is not closer than 100 feet of the property line.
243	243	SECTION 13. Section 366.055(c), Health and Safety Code, is
244	244	amended to read as follows:
245	245	(c) A holder of a permit issued under this chapter or the
246	246	holder's designee shall notify the commission, the authorized
247	247	agent, or a designated representative not later than the fifth
248	248	working day before the proposed date of the operation of an
249	249	installation that the installation is ready for inspection.
250	250	SECTION 14. Section 366.057(b), Health and Safety Code, is
251	251	amended to read as follows:
252	252	(b) A permit and approved plan to construct, alter, repair,
253	253	extend, or operate an on-site sewage disposal system must be issued
254	254	in the name of the person who owns the property [system] and must
255	255	identify the specific property location or address for the specific
256	256	construction, alteration, extension, repair, or operation proposed
257	257	by the person.
258	258	SECTION 15. Section 366.058, Health and Safety Code, is
259	259	amended by adding Subsection (d) to read as follows:
260	260	(d) The permit fee shall be paid to the authorized agent or
261	261	the commission, whichever performs the permitting function.
262	262	SECTION 16. Sections 366.071(a), (c), and (d), Health and
263	263	Safety Code, are amended to read as follows:
264	264	(a) A person who constructs, installs, alters, extends,
265	265	services, maintains, pumps, [or] repairs, or accesses an on-site
266	266	sewage disposal system or any part of an on-site sewage disposal
267	267	system [for compensation] must hold a license or registration
268	268	issued by the commission under Chapter 37, Water Code.
269	269	(c) A person who conducts preconstruction site evaluations,
270	270	including visiting a site and performing a soil analysis, a site
271	271	survey, or other activities necessary to determine the suitability
272	272	of a site for an on-site sewage disposal system must hold a license
273	273	issued by the commission under Chapter 37, Water Code, unless the
274	274	person is licensed by the Texas Board of Professional Engineers and
275	275	Land Surveyors as an engineer or licensed by the Texas Board of
276	276	Professional Geoscientists as a geologist.
277	277	(d) The commission may implement a program under Chapter 37,
278	278	Water Code, to register persons who service, [or] maintain, or pump
279	279	on-site sewage disposal systems [for compensation].
280	280	SECTION 17. Section 367.010(a), Health and Safety Code, is
281	281	amended to read as follows:
282	282	(a) The commission and each county, municipality, public
283	283	health department, and river authority shall collect a $30 [$10]
284	284	fee for each on-site wastewater treatment permit application
285	285	processed.
286	286	SECTION 18. Section 5.701(q), Water Code, is amended to
287	287	read as follows:
288	288	(q) Notwithstanding any other law, fees collected for
289	289	deposit to the water resource management account under the
290	290	following statutes may be appropriated and used to protect water
291	291	resources in this state, including assessment of water quality,
292	292	reasonably related to the activities of any of the persons required
293	293	to pay a fee under:
294	294	(1) Subsections (b) and (c), to the extent those fees
295	295	are collected in connection with water use or water quality
296	296	permits;
297	297	(2) Subsections (h)-(l);
298	298	(3) Section 11.138(g);
299	299	(4) Section 11.145;
300	300	(5) Section 26.0135(h);
301	301	(6) Sections 26.0291, 26.044, and 26.0461; or
302	302	(7) Sections 341.041, 366.058, [366.059,] 371.024,
303	303	371.026, and 371.062, Health and Safety Code.
304	304	SECTION 19. The following provisions of the Health and
305	305	Safety Code are repealed:
306	306	(1) Section 366.0515(c); and
307	307	(2) Sections 366.035, 366.036, 366.0513, 366.054, and
308	308	366.059.
309	309	SECTION 20. This Act takes effect September 1, 2025.