Bill Text: TX HB3264 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the enforcement of permit requirements for the operation of a domestic wastewater treatment facility.
Sponsorship: Bipartisan Bill
Status: (Passed) 2015-06-17 - Effective immediately [HB3264 Detail]
Download: Texas-2015-HB3264-Enrolled.html
| H.B. No. 3264 | ||
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| relating to the enforcement of permit requirements for the | ||
| operation of a domestic wastewater treatment facility. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter L, Chapter 5, Water Code, is amended | ||
| by adding Section 5.5146 to read as follows: | ||
| Sec. 5.5146. EMERGENCY ORDER CONCERNING OPERATION OF | ||
| CERTAIN TREATMENT FACILITIES WITHOUT PERMIT. The commission may | ||
| issue an emergency order under this subchapter suspending | ||
| operations of a treatment facility that: | ||
| (1) handles waste and wastewater from humans or | ||
| household operations; | ||
| (2) is required to obtain a permit from the | ||
| commission; and | ||
| (3) is operating without the required permit. | ||
| SECTION 2. Subchapter B, Chapter 7, Water Code, is amended | ||
| by adding Section 7.035 to read as follows: | ||
| Sec. 7.035. INJUNCTION AND ENFORCEMENT RELATING TO CERTAIN | ||
| TREATMENT FACILITIES. (a) Except as provided by Subsection (b), if | ||
| the commission determines that a treatment facility that handles | ||
| waste and wastewater from humans or household operations is | ||
| operating without a permit required by the commission, the | ||
| commission shall: | ||
| (1) issue an order: | ||
| (A) enjoining further operation of the facility | ||
| until the commission issues the required permit; and | ||
| (B) imposing an administrative penalty under | ||
| this chapter; or | ||
| (2) institute a civil action under Subchapter D to: | ||
| (A) enjoin further operation of the facility | ||
| until the commission issues the required permit; and | ||
| (B) impose a civil penalty. | ||
| (b) If the commission determines there is no feasible | ||
| alternative treatment or disposal option for the wastewater being | ||
| sent to the treatment facility, including the option of hauling the | ||
| wastewater to a permitted facility, the commission is not required | ||
| to enjoin the operation of the facility under Subsection (a) and may | ||
| impose other applicable penalties under this chapter. | ||
| SECTION 3. The changes in law made by this Act apply only to | ||
| a violation that occurs on or after the effective date of this Act. | ||
| A violation that occurs before the effective date of this Act is | ||
| governed by the law in effect on the date the violation occurred, | ||
| and the former law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 3264 was passed by the House on May 5, | ||
| 2015, by the following vote: Yeas 142, Nays 3, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 3264 was passed by the Senate on May | ||
| 26, 2015, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
