HBA-NMO, RBT H.B. 1654 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1654
By: Maxey
Natural Resources
7/29/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to 1996, state law authorized county attorneys to  prosecute
violations of state or county regulations regarding on-site sewage disposal
systems.  Local county health and human services departments enforced the
rules by approving the design, inspecting the installation, responding to
complaints involving the operation of these systems, as well as filing
criminal complaints in justice of the peace courts.  H.B. 1654  amends a
provision of the Water Code to allow county attorneys to prosecute
violations of state regulations regarding on-site sewage disposal systems. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter E, Chapter 7, Water Code, by amending Section
7.173, as follows: 

Sec.  7.173.  New Title:  VIOLATION RELATING TO SEWAGE DISPOSAL.  Deletes
language that conditions the Class C misdemeanor of violating a rule
adopted by the Texas Natural Resource Conservation Commission under Chapter
366, Health and Safety Code (On-Site Sewage Disposal Systems), or an order
or resolution adopted by an authorized agent under Subchapter C, Chapter
366, Health and Safety Code (Designation of Local Government Entity as
Authorized Agent), on the fact that the person committed the offense in a
county that is contiguous to an international border. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Emergency clause.