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Local Government Code: Part I
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HEALTH AND SAFETY CODE

CHAPTER 341. MINIMUM STANDARDS OF SANITATION AND HEALTH PROTECTION MEASURES

SUBCHAPTER B. NUISANCES AND GENERAL SANITATION

341.011. Nuisance

Each of the following is a public health nuisance:

    (1) a condition or place that is a breeding place for flies and that is in a populous area;
    (2) spoiled or diseased meats intended for human consumption;
    (3) a restaurant, food market, bakery, other place of business, or vehicle in which food is prepared, packed, stored, transported, sold, or served to the public and that is not constantly maintained in a sanitary condition;
    (4) a place, condition, or building controlled or operated by a state or local government agency that is not maintained in a sanitary condition;
    (5) sewage, human excreta, wastewater, garbage, or other organic wastes deposited, stored, discharged, or exposed in such a way as to be a potential instrument or medium in disease transmission to a person or between persons;
    (6) a vehicle or container that is used to transport garbage, human excreta, or other organic material and that is defective and allows leakage or spilling of contents;
    (7) a collection of water in which mosquitoes are breeding in the limits of a municipality;
    (8) a condition that may be proven to injuriously affect the public health and that may directly or indirectly result from the operations of a bone boiling or fat rendering plant, tallow or soap works, or other similar establishment;
    (9) a place or condition harboring rats in a populous area;
    (10) the presence of ectoparasites, including bedbugs, lice, and mites, suspected to be disease carriers in a place in which sleeping accommodations are offered to the public;
    (11) the maintenance of an open surface privy or an overflowing septic tank so that the contents may be accessible to flies; and
    (12) an object, place, or condition that is a possible and probable medium of disease transmission to or between humans.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989.


341.012. Abatement of Nuisance

    (a) A person shall abate a public health nuisance existing in or on a place the person possesses as soon as the person knows that the nuisance exists.

    (b) A local health authority who receives information and proof that a public health nuisance exists in the local health authority's jurisdiction shall issue a written notice ordering the abatement of the nuisance to any person responsible for the nuisance. The local health authority shall at the same time send a copy of the notice to the local municipal, county, or district attorney.

    (c) The notice must specify the nature of the public health nuisance and designate a reasonable time within which the nuisance must be abated.

    (d) If the public health nuisance is not abated within the time specified by the notice, the local health authority shall notify the prosecuting attorney who received the copy of the original notice. The prosecuting attorney:

      (1) shall immediately institute proceedings to abate the public health nuisance; or
      (2) request the attorney general to institute the proceedings or provide assistance in the prosecution of the proceedings, including participation as an assistant prosecutor when appointed by the prosecuting attorney.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 648, 1, eff. Sept. 1, 1993.


CHAPTER 366. ON-SITE SEWAGE

DISPOSAL SYSTEMS

SUBCHAPTER A. GENERAL PROVISIONS
Section
366.001. Policy and Purpose.
366.002. Definitions.
366.003. Immunity.
366.004. Compliance Required.
366.005. Notice of Utility Service Connections.

SUBCHAPTER B. GENERAL POWERS AND DUTIES OF COMMISSION AND AUTHORIZED AGENTS
366.011. General Supervision and Authority.
366.012. Rules Concerning On-Site Sewage Disposal Systems.
366.014. Designated Representative.
366.016. Emergency Orders.
366.017. Required Repairs; Penalty.

SUBCHAPTER C. DESIGNATION OF LOCAL GOVERNMENTAL ENTITY AS AUTHORIZED AGENT
366.031. Designation.
366.032. Order or Resolution; Requirements.
366.033. Delegation to Local Governmental Entities.
366.034. Investigation of Authorized Agents.
366.035. Mandatory Application for and Maintenance of Designation.
366.036. County Map.

SUBCHAPTER D. PERMITS; FEES
366.051. Permits.
366.0512. Multiple Treatment Systems.
366.0515. Maintenance Contract and Performance Bond.
366.052. Permit Not Required for On-Site Sewage Disposal on Certain Single Residences.
366.053. Permit Application.
366.054. Notice From Installer.
366.055. Inspections.
366.056. Approval of On-Site Sewage Disposal System.
366.057. Permit Issuance.
366.058. Permit Fee.
366.059. Permit Fee Paid to Department or Authorized Agent.

SUBCHAPTER E. REGISTRATION OF INSTALLERS
366.071. Occupational Licensing and Registration.


SUBCHAPTER A. GENERAL PROVISIONS

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 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.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995.

Amended by HB 3111, eff. Sept. 1, 2001.


366.002. Definitions

 In this chapter:

    (1) "Authorized agent" means a local governmental entity authorized by the commission to implement and enforce rules under this chapter.
    (2) "Commission" means the Texas Natural Resource Conservation Commission.
    (5) "Local governmental entity" means a municipality, county, river authority, or special district, including an underground water district, soil and water conservation district, or public health district.
    (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 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.
    (7) "On-site sewage disposal system" means one or more systems of treatment devices and disposal facilities that:
      (A) produce not more than 5,000 gallons of waste each day; and
      (B) are used only for disposal of sewage produced on a site on which any part of the system is located.
    (8) "Owner" means a person who owns a building or other property served by an on-site sewage disposal system.
    (9) "Sewage" means waste that:
      (A) is primarily organic and biodegradable or decomposable; and
      (B) generally originates as human, animal, or plant waste from certain activities, including the use of toilet facilities, washing, bathing, and preparing food.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, 1.038, eff. Aug. 12, 1991. Acts 1993, 73rd Leg., ch. 589, 1 to 3, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1127, 1, eff. Sept. 1, 1997.

Amended by HB 3111, eff. Sept. 1, 2001.


366.003. Immunity

The commission, an authorized agent, or a designated representative is not liable for damages resulting from the commission's or authorized agent's approval of the installation and operation of an on-site sewage disposal system.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995.


366.004. Compliance Required

A person may not construct, alter, repair, or extend, or cause to be constructed, altered, repaired, or extended, an on-site sewage disposal system that does not comply with this chapter and applicable rules.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995.


366.005. Notice of Utility Service Connections

    (a) An electric utility shall compile a list weekly for each county in this state of the addresses located in an unincorporated area of the county at which the electric utility has made new electric service connections during the preceding week. The electric utility shall submit the list to the county judge of the county, or to a county officer or employee designated by the county judge, who shall forward the list to each authorized agent having jurisdiction over an area in which an address on the list is included. The authorized agent may use the list for the purpose of implementing and enforcing rules under this chapter. This section does not apply to a reconnection of service to a location previously served.

    (b) An electric utility may not be held liable for a claim arising from the provision of information under this section.

    (c)  Information provided by a utility under this section is confidential and not subject to disclosure under Chapter 552, Government Code, or otherwise, except as provided by this section.

    (d) The county judge shall forward the list compiled under Subsection (a) to each appraisal district and each emergency communication district in the county.

    (e) In this section:

      (1) "Appraisal district" means a district established under Section 6.01, Tax Code.
      (2) "Electric utility" means an investor-owned utility, electric cooperative corporation, river authority, or municipally owned utility that provides distribution service to retail customers of electricity.
      (3) "Emergency communication district" means a district established under Chapter 772.

Added by Acts 1997, 75th Leg., ch. 1127, 2, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 15, 1, eff. May 3, 1999; Acts 1999, 76th Leg., ch. 333, 1, eff. Sept. 1, 1999.


SUBCHAPTER B. GENERAL POWERS AND DUTIES OF COMMISSION AND AUTHORIZED AGENTS

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; and
    (2) shall administer this chapter and the rules adopted under this chapter.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995.


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 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) In rules adopted under this chapter, the commission shall include definitions and detailed descriptions of good management practices and procedures for the construction 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 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.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995.

Amended by HB 3111, eff. Sept. 1, 2001.


366.013. Repealed by HB 3111, eff. Sept. 1, 2001.


366.014. Designated Person

Subject to the requirements of Section 366.071(b), the commission or an authorized agent may designate a person to:

    (1) review permit applications, site evaluations, or planning materials; or
    (2) inspect on-site sewage disposal systems.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 589, 4, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 333, 59, eff. Sept. 1, 1997.

Amended by HB 3111, eff. Sept. 1, 2001.


366.015. Repealed by Acts 1997, 75th Leg., ch. 1072, 60(b)(3), eff. Sept. 1, 1997


366.016. Emergency Orders

The commission or authorized agent may issue an emergency order concerning an on-site sewage disposal system under Section 5.517, Water Code.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1072, 38, eff. Sept. 1, 1997.


366.017. Required Repairs; Penalty

    (a) The commission or authorized agent may require a property owner to repair a malfunctioning on-site sewage disposal system on the owner's property:
      (1) not later than the 30th day after the date on which the owner is notified by the commission or authorized agent of the malfunctioning system if the owner has not been notified of the malfunctioning system during the preceding 12 months;
      (2) not later than the 20th day after the date on which the owner is notified by the commission or authorized agent of the malfunctioning system if the owner has been notified of the malfunctioning system once during the preceding 12 months; or
      (3) not later than the 10th day after the date on which the owner is notified by the commission or authorized agent of the malfunctioning system if the owner has been notified of the malfunctioning system at least twice during the preceding 12 months.

    (b) The property owner must take adequate measures as soon as practicable to abate an immediate health hazard.

    (c) The property owner may be assessed an administrative or a civil penalty under Chapter 7, Water Code, for each day that the on-site sewage disposal system remains unrepaired.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1072, 39, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1127, 3, eff. Sept. 1, 1997.


SUBCHAPTER C. DESIGNATION OF LOCAL GOVERNMENTAL ENTITY AS AUTHORIZED AGENT

366.031. Designation

    (a) The commission shall designate a local governmental entity as an authorized agent if the governmental entity:
      (1) notifies the commission that the entity wants to regulate the use of on-site sewage disposal systems in its jurisdiction;
      (2) in accordance with commission procedures, holds a public hearing and adopts an order or resolution that complies with Section 366.032; and
      (3) submits the order or resolution to the commission.

    (b) The commission in writing may approve the local governmental entity's order or resolution, and the designation takes effect only when the order or resolution is approved.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995.


366.032. Order or Resolution; Requirements

    (a) The local governmental entity's order or resolution must:
      (1) incorporate the commission's rules on abatement or prevention of pollution and the prevention of injury to the public health;
      (2) meet the commission's minimum requirements for on-site sewage disposal systems; and
      (3) include a written enforcement plan.

    (b) If the order or resolution adopts more stringent standards for on-site sewage disposal systems than this chapter or the commission's standards and provides greater public health and safety protection, the authorized agent's order or resolution prevails over this chapter or the standards.

    (c) An authorized agent must obtain commission approval of substantive amendments to the agent's order or resolution.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995.


366.033. Delegation to Local Governmental Entities

The commission shall delegate to local governmental entities responsibility for the implementation and enforcement of applicable rules.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995.


366.034. Investigation of Authorized Agents

    (a) The commission shall:
      (1) conduct not more often than once a year an investigation of each authorized agent to determine the authorized agent's compliance with this chapter; and
      (2) prepare an annual report concerning the status of the local governmental entity's regulatory program.

    (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 shall hold a hearing and determine whether to continue the designation as an authorized agent.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995.


366.035. Mandatory Application for and Maintenance of Designation

A local governmental entity that applies to the Texas Water Development Board for financial assistance under a program for economically distressed areas must take all actions necessary to receive and maintain a designation as an authorized agent of the commission.

Added by Acts 1991, 72nd Leg., ch. 14, 127, eff. Sept. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995.


366.036. County Map

    (a) If the commission designates a local governmental entity as its authorized agent and if the entity intends to apply to the Texas Water Development Board for financial assistance under a program for economically distressed areas, the commissioners court of the county in which the entity is located shall prepare a map of the county area outside the limits of municipalities. The entity shall give to the commissioners court a written notice of the entity's intention to apply for the assistance. The map must show the parts of the area in which the different types of on-site sewage disposal systems may be appropriately located and the parts in which the different types of systems may not be appropriately located.

    (b) The commissioners court shall file the map in the office of the county clerk.

    (c) The commissioners court, at least every five years, shall review the map and make changes to it as necessary to keep the map accurate.

Added by Acts 1991, 72nd Leg., ch. 14, 127, eff. Sept. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995.


SUBCHAPTER D. PERMITS; FEES

366.051. Permits

    (a) A person must hold a permit and an approved plan to construct, alter, repair, extend, or operate an on-site sewage disposal system.

    (b) If the on-site sewage disposal system is located in the jurisdiction of an authorized agent, the permit is issued by the authorized agent; otherwise, the permit is issued by the commission.

    (c) A person may not begin to construct, alter, repair, or extend an on-site sewage disposal system that is owned by another person unless the owner or owner's representative shows proof of a permit and approved plan from the commission or authorized agent.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995.


366.0512. Multiple Treatment Systems

A multiple system of treatment devices and disposal facilities may be permitted as an on-site disposal system under this chapter if the system:

    (1) is located on a tract of land of at least 100 acres in size;
    (2) produces not more than 5,000 gallons a day on an annual average basis;
    (3) is used only on a seasonal or intermittent basis; and
    (4)  is used only for disposal of sewage produced on the tract of land on which any part of the system is located.

Added by HB 2912, eff. Sept. 1, 2001.


366.0515. Maintenance Contract and Performance Bond.

    (a) 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 located in a county with a population of less than 40,000 on the system's owner contracting for the maintenance of the system.

    (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.

    (c) A performance bond required by Subsection (b) must be:

      (1) solely for the protection of the owner of the on-site sewage disposal system;
      (2) conditioned on the faithful performance of the maintenance of the on-site sewage disposal system in accordance with plans, specifications, laws, regulations, and ordinances of the state and the authorized agent;
      (3) in an amount reasonably related to the cost that the owner of the on-site sewage disposal system would incur if the maintenance company did not adhere to maintenance standards or comply with applicable statutes, rules, or ordinances;
      (4) executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 56th Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's Texas Insurance Code);
      (5) in a form approved by the permitting authority; and
      (6) payable to the owner of the on-site sewage disposal 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.

    (f) The installer of an on-site sewage disposal system shall provide the owner of the system with information regarding maintenance of the system at the time the system is installed.

    (g) The owner of a single-family residence located in a county with a population of less than 40,000 shall maintain the system directly or through a maintenance contract. If the owner elects to maintain the system directly, the owner must obtain training in system maintenance from the authorized agent or the installer.

Added by Acts 1997, 75th Leg., ch. 1127, 4, eff. Sept. 1, 1997.


366.052. Permit Not Required for On-Site Sewage Disposal on Certain Single Residences

    (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 10 acres or larger in which the field line or sewage disposal line is not closer than 100 feet of the property line.

    (b) Effluent from the on-site sewage disposal system on a single residence:

      (1) must be retained in the specified limits;
      (2) may not create a nuisance; and
      (3) may not pollute groundwater.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995.


366.053. Permit Application

    (a) Application for a permit must:
      (1) be made on a form provided by the commission or authorized agent; and
      (2) include information required by the commission or authorized agent to establish that the individual sewage disposal system complies with this chapter and rules adopted under this chapter.

    (b) The commission shall adopt rules and procedures for the submission, review, and approval or rejection of permit applications.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995.


366.054. Notice From Installer

An installer may not begin construction, alteration, repair, or extension of an on-site sewage disposal system unless the installer notifies the commission or authorized agent of the date on which the installer plans to begin work on the system.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995.


366.055. Inspections

    (a) The commission or authorized agent shall review a proposal for an on-site sewage disposal system and make inspections of the system as necessary to ensure that the on-site sewage disposal system is in substantial compliance with this chapter and the rules adopted under this chapter.

    (b) An on-site sewage disposal system may not be used unless it is inspected and approved by the commission or the authorized agent.

    (c) A holder of a permit issued under this chapter 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.

    (d) The inspection shall be made on a date and time mutually agreed on by the holder of a permit and the commission, the authorized agent, or a designated representative.

    (e) An installation inspection shall be made not later than the second working day, excluding holidays, after the date on which notification that the installation is completed and ready for inspection is given to the commission, the authorized agent, or a designated representative.

    (f) The owner, owner's representative, or occupant of the property on which the installation is located shall give the commission, the authorized agent, or a designated representative reasonable access to the property at reasonable times to make necessary inspections.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995.


366.056. Approval of On-Site Sewage Disposal System

    (a) The commission or authorized agent may approve or disapprove the on-site sewage disposal system depending on the results of the inspections under Section 366.055.

    (b) If a system is not approved under this section, the on-site sewage disposal system may not be used until all deficiencies are corrected and the system is reinspected and approved by the commission or authorized agent.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995.


366.057. Permit Issuance

    (a) The commission shall issue or authorize the issuance of permits and other documents.

    (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 system and must identify the specific property location or address for the specific construction, alteration, extension, repair, or operation proposed by the person.

    (c) The commission may not issue a permit to construct, alter, repair, or extend an on-site sewage disposal system if the issuance of a permit conflicts with other applicable laws or public policy under this chapter.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995.


366.058. Permit Fee

    (a) The commission by rule shall establish and collect a reasonable permit fee to cover the cost of issuing permits under this chapter and administering the permitting system. The commission may also use the fee to cover any other costs incurred 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 the statutes listed in Section 5.701(q), Water Code.

    (b) The commission at its discretion may provide variances to the uniform application of the permit fee..

    (c) Fees collected under this section shall be deposited to the credit of the water resource management account

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 333, 60, eff. Sept. 1, 1997.

Amended by HB 2912, eff. Sept. 1, 2001.


366.059. Permit Fee Paid to Department or Authorized Agent

    (a) The permit fee shall be paid to the authorized agent or the commission, whichever performs the permitting function.

    (b) The commission may assess a reasonable and appropriate charge-back fee, not to exceed $500, to a local governmental entity for which the commission issues permits for administrative costs relating to the permitting function that are not covered by the permit fees collected. The commission shall base the amount of a charge-back fee under this subsection on the actual cost of issuing a permit under this section. The commission may assess a charge-back fee to a local governmental entity under this subsection if the local governmental entity is an authorized agent that:

      (1)  has repealed the order, ordinance, or resolution that established the entity as an authorized agent; or
      (2) has had its authorization as an authorized agent revoked by the commission.

    (c) Fees collected under this section shall be deposited to the credit of the water resource management account.

    (d) The commission may not assess a charge-back fee to a local governmental entity if the local governmental entity has repealed the order, ordinance, or resolution that established the entity as an authorized agent or has lost its designation as an authorized agent due to material change in the commission's rules under this chapter.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 333, 61, eff. Sept. 1, 1997.

Amended by HB 2912, eff. Sept. 1, 2001.


SUBCHAPTER E. REGISTRATION OF INSTALLERS

366.071. Occupational Licensing and Registration

    (a) A person who constructs, installs, alters, extends, 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.

    (b) A person designated by an authorized agent under Section 366.014 must hold a license 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 as an engineer.

    (d) The commission may implement a program under Chapter 37, Water Code, to register persons who service or maintain on-site sewage disposal systems for compensation.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 589, 5, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, 11.113, eff. Sept. 1, 1995.

Amended by HB 3111, generally eff. Sept. 1, 2001. Section 366.071 (c) takes effect September 1, 2002.

Note on Applicability of HB 3111 to a license or registration: The change in law made by this Act applies only to an application for the issuance or renewal of a license or registration that is made on or after January 1, 2002. An application made before that date is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.


366.072. - 366.076. Repealed by HB 3111, eff. Sept. 1, 2001.


366.077. Repealed by Acts 1997, 75th Leg., ch. 1072, 60(b)(3), eff. Sept. 1, 1997.


366.078. Repealed by HB 3111, eff. Sept. 1, 2001.

 

Revised: May 06 2010