HBA-RBT H.B. 1574 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1574 By: Bosse Natural Resources 3/15/1999 Introduced BACKGROUND AND PURPOSE A number of older residential subdivisions in Harris county were developed with lots insufficient in size to accommodate individual water and wastewater disposal facilities. These subdivisions are mostly in areas where septic systems are not feasible and a public sewer is unavailable. Households within these subdivisions are currently discharging their untreated sewage into roadside ditches or culverts, causing a public health hazard to the community. Legislation to allow counties to permit the discharge of treated sewage through small, inexpensive land aerobic systems would help reduce public health concerns. H.B. 1574 allows a county of 2.8 million or more to permit the use of land aerobic, on-site sewage facilities for residential structures built prior to January 1, 1979. This allows older structures lacking access to septic systems or public sewers to implement a less costly sewage system and allow safely treated sewage to then be discharged into state ditches. This bill mitigates the discharge of raw sewage currently taking place. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Natural Resource Conservation Commission in SECTION 1 (Section 26.050, Water Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 26, Water Code, by adding Section 26.050, as follows: Sec. 26.050. ON-SITE SEWAGE DISPOSAL SYSTEM. Requires the Texas Natural Resource Conservation Commission (commission), to the extent not in conflict with federal law, to authorize the issuance of a permit, under less stringent standards, for the discharge of sewage into or adjacent to water in this state by an on-site sewage disposal system if: the system is in a county with a population of 2.8 million or more that is an authorized agent under Chapter 366, Health and Safety Code (On-Site Sewage Disposal System); the system is on a property that was subdivided and developed before January 1, 1979; a county order or resolution has authorized the discharge; and the commission has approved the county order or resolution authorizing the discharge. Defines "on-site sewage disposal system." SECTION 2. Emergency clause. Effective date: upon passage.