Kitzman Bill’s Septic License Rule Can Reach Unpaid Homeowners

The text as introduced · 2,509 words

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.