H.B. No. 2482
 
 
 
 
AN ACT
  relating to the requirements regarding persons who service or
  maintain on-site sewage disposal systems; imposing an
  administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 366.0515(a) and (g), Health and Safety
  Code, are amended to read as follows:
         (a)  Except as provided by Subsection (g), an [An] authorized
  agent or the commission may not condition a permit or the approval
  of a permit for an on-site sewage disposal system using aerobic
  treatment for a single-family residence  on the system's owner
  contracting for the maintenance of the system.
         (g)  The owner of a single-family residence shall maintain
  the system directly or through a maintenance contract. If an
  authorized agent or the commission determines that an owner of a
  single-family residence located in a county with a population of at
  least 40,000 who maintains the owner's system directly has violated
  this chapter or a rule adopted or order or permit issued under this
  chapter, the owner, not later than the 10th day after the date of
  receipt of notification of the violation, shall correct the
  violation or enter into a contract for the maintenance of the
  system. If before the third anniversary of the date of the
  determination the owner is determined to have committed another
  violation of this chapter or a rule adopted under this chapter, the
  owner, not later than the 10th day after the date of receipt of
  notification of the subsequent violation, shall enter into a
  contract for the maintenance of the system. An owner of a
  single-family residence located in a county with a population of at
  least 40,000 who maintains the owner's system directly and who
  violates this chapter or a rule adopted or order or permit issued
  under this chapter is also subject to an administrative penalty.
  The commission may recover the penalty in a proceeding conducted as
  provided by Subchapter C, Chapter 7, Water Code, or the authorized
  agent may recover the penalty in a proceeding conducted under an
  order or resolution of the agent. Notwithstanding Section 7.052,
  Water Code, the amount of the penalty may not exceed $100. [The
  commission shall adopt rules governing:
               [(1)     the training in system maintenance to be provided
  to an owner who elects to maintain the system directly; and
               [(2)     the maintenance of a system by the owner of the
  system.]
         SECTION 2.  Section 366.071, Health and Safety Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  The commission may implement a program under Chapter 37,
  Water Code, to register persons who service or maintain on-site
  sewage disposal systems for compensation.
         SECTION 3.  Sections 366.0515(h), (i), (j), (n), and (o),
  Health and Safety Code, are repealed.
         SECTION 4.  (a)  The changes in law made by this Act apply
  only to a violation committed on or after the effective date of this
  Act.  For purposes of this section, a violation is committed before
  the effective date of this Act if any element of the violation
  occurs before that date.
         (b)  A violation committed before the effective date of this
  Act is covered by the law in effect when the violation was
  committed, and the former law is continued in effect for that
  purpose.
         SECTION 5.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2482 was passed by the House on April
  26, 2007, by the following vote:  Yeas 141, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2482 on May 25, 2007, by the following vote:  Yeas 137, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2482 was passed by the Senate, with
  amendments, on May 22, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor