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.