Bill Text: TX SB1091 | 2023-2024 | 88th Legislature | Comm Sub

Texas Senate Bill 1091

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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-04-17 - Committee report printed and distributed [SB1091 Detail]

Download: Texas-2023-SB1091-Comm_Sub.html



	By: Parker	S.B. No. 1091
	(In the Senate - Filed February 22, 2023; March 9, 2023,
	read first time and referred to Committee on Water, Agriculture &
	Rural Affairs; April 17, 2023, reported favorably by the following
	vote: Yeas 6, Nays 2; April 17, 2023, sent to printer.)
Click here to see the committee vote


	A BILL TO BE ENTITLED
	AN ACT

	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.

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