Bill Text: TX HB3128 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the regulation of on-site sewage disposal systems, including requiring a license for on-site sewage disposal system pumping technicians.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-15 - Referred to Water, Agriculture, & Rural Affairs [HB3128 Detail]
Download: Texas-2023-HB3128-Engrossed.html
88R10337 MP-F | ||
By: Kitzman, et al. | H.B. No. 3128 |
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relating to the regulation of on-site sewage disposal systems, | ||
including requiring a license for on-site sewage disposal system | ||
pumping technicians. | ||
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, pumping, 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. | ||
SECTION 2. 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 | ||
that is located on a land tract that is: | ||
(1) 10 acres or larger in which the field line or | ||
sewage disposal line is not closer than 100 feet of the property | ||
line; and | ||
(2) in a county with a population of less than 40,000. | ||
SECTION 3. Sections 366.071(a) 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 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. | ||
(d) The commission may implement a program under Chapter 37, | ||
Water Code, to register persons who service, pump, or maintain | ||
on-site sewage disposal systems for compensation. | ||
SECTION 4. Section 366.052(a), Health and Safety Code, as | ||
amended by this Act, applies only to a residence for which | ||
construction begins on or after the effective date of this Act. A | ||
residence for which construction began before the effective date of | ||
this Act is governed by the law in effect when construction began, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 5. Not later than September 1, 2024, the Texas | ||
Commission on Environmental Quality shall adopt rules implementing | ||
Section 366.071(a), Health and Safety Code, as amended by this Act. | ||
The rules must provide for the creation of an on-site sewage | ||
disposal system pumping technician license or registration and the | ||
requirements and qualifications to obtain the license or | ||
registration. | ||
SECTION 6. (a) Except as provided by Subsection (b) of this | ||
section, this Act takes effect September 1, 2023. | ||
(b) Section 366.071(a), Health and Safety Code, as amended | ||
by this Act, takes effect September 1, 2024. |