Bill Text: TX HB4087 | 2023-2024 | 88th Legislature | Enrolled


Bill Title: Relating to the use of certain on-site sewage disposal systems.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2023-06-18 - Effective on 9/1/23 [HB4087 Detail]

Download: Texas-2023-HB4087-Enrolled.html
 
 
  H.B. No. 4087
 
 
 
 
AN ACT
  relating to the use of certain on-site sewage disposal systems.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 366.012(a), Health and Safety Code, is
  amended to read as follows:
         (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.
         SECTION 2.  Subchapter D, Chapter 366, Health and Safety
  Code, is amended by adding Section 366.0513 to read as follows:
         Sec. 366.0513.  PERMITS FOR CERTAIN TEMPORARY SYSTEMS. (a)
  An authorized agent may issue a permit to authorize the use of a
  temporary on-site sewage disposal system that:
               (1)  operates in conjunction with the pumping and
  hauling of wastewater produced by the system; and
               (2)  serves a property that:
                     (A)  has been subdivided for residential use; and
                     (B)  is of insufficient size to accommodate
  on-site disposal of all wastewater in compliance with this chapter.
         (b)  A permit issued under this section:
               (1)  may authorize the use of a system and the
  associated pumping and hauling activities described by Subsection
  (a) for not more than six months from the date of issuance; and
               (2)  may not be renewed.
         SECTION 3.  As soon as practicable after the effective date
  of this Act, the Texas Commission on Environmental Quality shall
  adopt rules in accordance with Section 366.012(a), Health and
  Safety Code, as amended by this Act.
         SECTION 4.  Section 366.0513, Health and Safety Code, as
  added by this Act, applies only to an application for the issuance
  of a permit for an on-site sewage facility submitted on or after the
  effective date of this Act. An application submitted before the
  effective date of this Act is governed by the law in effect on the
  date that application was submitted, and the former law is
  continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4087 was passed by the House on May
  12, 2023, by the following vote:  Yeas 143, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 4087 on May 25, 2023, by the following vote:  Yeas 129, Nays 3,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 4087 was passed by the Senate, with
  amendments, on May 22, 2023, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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