reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 364 - County Solid Waste › Subchapter D. Bonds › Section 364.058. Adjustment of Rates and Changes to Maintain Adequate Revenue

Sec. 364.058.  ADJUSTMENT OF RATES AND CHANGES TO MAINTAIN ADEQUATE REVENUE.  If bonds are outstanding, the commissioners court shall establish, maintain, and collect rates and charges for services furnished or made available by the solid waste disposal system adequate to:
(1)  pay maintenance and operation costs of and expenses allocable to the solid waste disposal system and the principal of and interest on the bonds;  and
(2)  provide and maintain funds created by the resolution authorizing the bonds.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 365 - Litter › Subchapter A. General Provisions › Section 365.001. Short Title

Sec. 365.001.  SHORT TITLE.  This chapter may be cited as the Texas Litter Abatement Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 365 - Litter › Subchapter A. General Provisions › Section 365.002. Water Pollution Controlled by Water Code

Sec. 365.002.  WATER POLLUTION CONTROLLED BY WATER CODE.  The pollution of water in the state is controlled by Chapter 26, Water Code, and other applicable law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 365 - Litter › Subchapter A. General Provisions › Section 365.003. Litter on Beaches Controlled by Natural Resources Code

Sec. 365.003.  LITTER ON BEACHES CONTROLLED BY NATURAL RESOURCES CODE.  The regulation of litter on public beaches is controlled by Subchapters C and D, Chapter 61, Natural Resources Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 365 - Litter › Subchapter A. General Provisions › Section 365.004. Disposal of Garbage, Refuse, and Sewage in Certain Areas Under Control of Parks and Wildlife Department

Sec. 365.004.  DISPOSAL OF GARBAGE, REFUSE, AND SEWAGE IN CERTAIN AREAS UNDER CONTROL OF PARKS AND WILDLIFE DEPARTMENT.  The Parks and Wildlife Commission may adopt rules to govern the disposal of garbage, refuse, and sewage in state parks, public water in state parks, historic sites, scientific areas, and forts under the control of the Parks and Wildlife Department.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 365 - Litter › Subchapter A. General Provisions › Section 365.005. Venue and Recovery of Costs

Sec. 365.005.  VENUE AND RECOVERY OF COSTS.  (a)  Venue for the prosecution of a criminal offense under Subchapter B or Section 365.032 or 365.033 or for a suit for injunctive relief under any of those provisions is in the county in which the defendant resides, in the county in which the offense or the violation occurs, or in Travis County.
(b)  If the attorney general or a local government brings a suit for injunctive relief under Subchapter B  or Section 365.032 or 365.033, a prevailing party may recover its reasonable attorney fees, court costs, and reasonable investigative costs incurred in relation to the proceeding.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 125, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 365 - Litter › Subchapter B. Certain Actions Prohibited › Section 365.011. Definitions

Sec. 365.011.  DEFINITIONS.  In this subchapter:
(1)  "Approved solid waste site" means:
(A)  a solid waste site permitted or registered by the Texas Natural Resource Conservation Commission;
(B)  a solid waste site licensed by a county under Chapter 361;  or
(C)  a designated collection area for ultimate disposal at a permitted or licensed municipal solid waste site.
(2)  "Boat" means a vehicle, including a barge, airboat, motorboat, or sailboat, used for transportation on water.
(3)  "Commercial purpose" means the purpose of economic gain.
(4)  "Commercial vehicle" means a vehicle that is operated by a person for a commercial purpose or that is owned by a business or commercial enterprise.
(5)  "Dispose" and "dump" mean to discharge, deposit, inject, spill, leak, or place litter on or into land or water.
(6)  "Litter" means:
(A)  decayable waste from a public or private establishment, residence, or restaurant, including animal and vegetable waste material from a market or storage facility handling or storing produce or other food products, or the handling, preparation, cooking, or consumption of food, but not including sewage, body wastes, or industrial by-products;  or
(B)  nondecayable solid waste, except ashes, that consists of:
(i)  combustible waste material, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, or similar materials;
(ii)  noncombustible waste material, including glass, crockery, tin or aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures of 1800 degrees Fahrenheit or less;  and
(iii)  discarded or worn-out manufactured materials and machinery, including motor vehicles and parts of motor vehicles, tires, aircraft, farm implements, building or construction materials, appliances, and scrap metal.
(7)  "Motor vehicle" has the meaning assigned by Section 541.201, Transportation Code.
(8)  "Public highway" means the entire width between property lines of a road, street, way, thoroughfare, bridge, public beach, or park in this state, not privately owned or controlled, if any part of the road, street, way, thoroughfare, bridge, public beach, or park:
(A)  is opened to the public for vehicular traffic;
(B)  is used as a public recreational area;  or
(C)  is under the state's legislative jurisdiction through its police power.
(9)  "Solid waste" has the meaning assigned by Section 361.003.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 740, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.111, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 30.206, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 286, Sec. 1, eff. May 26, 1997.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 365 - Litter › Subchapter B. Certain Actions Prohibited › Section 365.013. Rules and Standards; Criminal Penalty

Sec. 365.013.  RULES AND STANDARDS;  CRIMINAL PENALTY.  (a)  The Texas Natural Resource Conservation Commission shall adopt rules and standards regarding processing and treating litter disposed in violation of this subchapter.
(b)  A person commits an offense if the person violates a rule adopted under this section.
(c)  An offense under this section is a Class A misdemeanor.
(d)  On conviction of an offense under this section, the court shall require the defendant, in addition to any fine or other penalty, to perform community service as provided by Article 42A.304(e), Code of Criminal Procedure.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.112, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 829 (H.B. 1884), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 365 - Litter › Subchapter B. Certain Actions Prohibited › Section 365.014. Application of Subchapter; Defenses; Presumptions

Sec. 365.014.  APPLICATION OF SUBCHAPTER;  DEFENSES;  PRESUMPTIONS.  (a)  This subchapter does not apply to farmers:
(1)  in handling anything necessary to grow, handle, and care for livestock;  or
(2)  in erecting, operating, and maintaining improvements necessary to handle, thresh, and prepare agricultural products or for conservation projects.
(b)  A person who dumps more than five pounds or 13 gallons of litter or other solid waste from a commercial vehicle in violation of this subchapter is presumed to be dumping the litter or other solid waste for a commercial purpose.
(c)  It is an affirmative defense to prosecution under Section 365.012 that:
(1)  the storage, processing, or disposal took place on land owned or leased by the defendant;
(2)  the defendant received the litter or other solid waste from another person;
(3)  the defendant, after exercising due diligence, did not know and reasonably could not have known that litter or other solid waste was involved;  and
(4)  the defendant did not receive, directly or indirectly, compensation for the receipt, storage, processing, or treatment.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 740, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 365 - Litter › Subchapter B. Certain Actions Prohibited › Section 365.015. Injunction; Venue; Recovery of Costs

Sec. 365.015.  INJUNCTION;  VENUE;  RECOVERY OF COSTS.  (a)  A district attorney, a county attorney, or the attorney general may bring a civil suit for an injunction to prevent or restrain a violation of this subchapter.  A person affected or to be affected by a violation is entitled to seek injunctive relief to enjoin the violation.
(b)  Venue for a prosecution of a criminal offense under this subchapter or for a civil suit for injunctive relief under this subchapter is in the county in which the defendant resides, the county in which the offense or violation occurred, or in Travis County.
(c)  In a suit for relief under this section, the prevailing party may recover its reasonable attorney fees, court costs, and reasonable investigative costs incurred in relation to the proceeding.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 365 - Litter › Subchapter B. Certain Actions Prohibited › Section 365.016. Disposal of Litter in a Cave; Criminal Penalty

Sec. 365.016.  DISPOSAL OF LITTER IN A CAVE;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person disposes litter, a dead animal, sewage, or any chemical in a cave.
(b)  An offense under this section is a Class C misdemeanor unless:
(1)  it is shown on the trial of the defendant that the defendant previously has been convicted once of an offense under this section, in which event the offense is a Class A misdemeanor;  or
(2)  it is shown on the trial of the defendant that the defendant previously has been convicted two or more times of an offense under this section, in which event the offense is a felony of the third degree.
(c)  On conviction of an offense under this section, the court shall require the defendant, in addition to any fine or other penalty, to perform community service as provided by Article 42A.304(e), Code of Criminal Procedure.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161, eff. Sept. 1, 1991.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 829 (H.B. 1884), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 365 - Litter › Subchapter B. Certain Actions Prohibited › Section 365.017. Regulation of Litter in Certain Counties

Sec. 365.017.  REGULATION OF LITTER IN CERTAIN COUNTIES.  (a)  The commissioners court of a county may adopt regulations to control the disposal of litter and the removal of illegally dumped litter from private property in unincorporated areas of that county.  The commissioners court may not adopt regulations under this section concerning the disposal of recyclable materials as defined in Chapter 361 of the Health and Safety Code.
(b)  Prior to the adoption of regulations the commissioners court of a county must find that the proposed regulations are necessary to promote the public health, safety, and welfare of the residents of that county.
(c)  The definitions of Section 365.011 apply in this Act.  "Illegally dumped litter" means litter dumped anywhere other than in an approved solid waste site.  "Litter" has the meaning assigned by Section 365.011, except that the term does not include equipment used for agricultural purposes.
(d)  The regulations adopted by the commissioners court may require the record property owners to pay for the cost of removal after the commissioners court has given the record property owner 30 days written notice to remove the illegally dumped litter.
(e)  Regulations adopted under this section are in addition to any other law regarding this issue and the stricter law shall apply.
(f)  In addition to any other remedy provided by law, a district attorney, a county attorney, or the attorney general may bring a civil suit to enjoin violation of regulations adopted under this section and to recover the costs of removal of illegally dumped litter.  In such a suit the prevailing party may recover its reasonable attorney fees, court fees, and reasonable investigative costs incurred in relation to that proceeding.
Added by Acts 1993, 73rd Leg., ch. 828, Sec. 4, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 439, Sec. 1, eff. June 9, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 365 - Litter › Subchapter C. Special Provisions › Section 365.031. Litter, Garbage, Refuse, and Rubbish in Lake Sabine

Sec. 365.031.  LITTER, GARBAGE, REFUSE, AND RUBBISH IN LAKE SABINE.  The governing body of Port Arthur by ordinance may prohibit the depositing or placing of litter, garbage, refuse, or rubbish into or on the waters of Lake Sabine within the municipal limits.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 365 - Litter › Subchapter C. Special Provisions › Section 365.032. Throwing Certain Substances in or Near Lake Lavon; Criminal Penalty

Sec. 365.032.  THROWING CERTAIN SUBSTANCES IN OR NEAR LAKE LAVON;  CRIMINAL PENALTY.  (a)  The definitions provided by Section 365.011 apply to this section.
(b)  A person commits an offense if the person throws, leaves, or causes to be thrown or left wastepaper, glass, metal, a tin can, refuse, garbage, waste, discarded or soiled personal property, or any other noxious or poisonous substance in the water of or near Lake Lavon in Collin County if the substance is detrimental to fish or to a person fishing in Lake Lavon.
(c)  An offense under this section is a Class C misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this section, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 365 - Litter › Subchapter C. Special Provisions › Section 365.033. Discarding Refuse in Certain County Parks; Criminal Penalty

Sec. 365.033.  DISCARDING REFUSE IN CERTAIN COUNTY PARKS;  CRIMINAL PENALTY.  (a)  The definitions provided by Section 365.011 apply to this section.
(b)  In this section, "beach" means an area in which the public has acquired a right of use or an easement and that borders on the seaward shore of the Gulf of Mexico or extends from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico.
(c)  This section applies only to a county park located in a county that has the Gulf of Mexico as one boundary, but does not apply to a beach located in that park.
(d)  A person commits an offense if the person discards in a county park any junk, garbage, rubbish, or other refuse in a place that is not an officially designated refuse container or disposal unit.
(e)  An offense under this section is a Class C misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this section, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 365 - Litter › Subchapter C. Special Provisions › Section 365.034. County Regulation of Litter Near Public Highway; Criminal Penalty

Sec. 365.034.  COUNTY REGULATION OF LITTER NEAR PUBLIC HIGHWAY;  CRIMINAL PENALTY.  (a)  The commissioners court of a county may:
(1)  by order prohibit the accumulation of litter for more than 30 days on a person's property within 50 feet of a public highway in the county;
(2)  provide for the removal and disposition of litter accumulated near a public highway in violation of an order adopted under this section;  and
(3)  provide for the assessment against a person who owns the property from which litter is removed under Subdivision (2) of the costs incurred by the county in removing and disposing of the litter.
(b)  Before the commissioners court takes any action to remove or dispose of litter under this section, the court shall send a notice by certified mail to the record owners of the property on which the litter is accumulated in violation of an order adopted under this section.  The court may not remove or dispose of the litter or assess the costs of the removal or disposition against a property owner before the 30th day after the date the notice is sent under this subsection.
(c)  If a person assessed costs under this section does not pay the costs within 60 days after the date of assessment:
(1)  a lien in favor of the county attaches to the property from which the litter was removed to secure the payment of the costs and interest accruing at an annual rate of 10 percent on any unpaid part of the costs;  and
(2)  the commissioners court shall file a record of the lien in the office of the county clerk.
(d)  The violation of an order adopted under this section is a Class C misdemeanor.
(e)  In this section:
(1)  "Litter" has the meaning assigned by Section 365.011 except that the term does not include equipment used for agricultural purposes.
(2)  "Public highway" has the meaning assigned by Section 365.011.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 126, eff. Sept. 1, 1991.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.162, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 365 - Litter › Subchapter C. Special Provisions › Section 365.035. Prohibition on Possessing Glass Containers Within Boundary of State-Owned Riverbed; Penalties

Sec. 365.035.  PROHIBITION ON POSSESSING GLASS CONTAINERS WITHIN BOUNDARY OF STATE-OWNED RIVERBED; PENALTIES.  (a)  In this section, "glass container" means a glass container designed to contain a beverage, including a bottle or jar.
(b)  A person commits an offense if the person knowingly possesses a glass container within the boundaries of a state-owned riverbed in a county:
(1)  that is located within 85 miles of an international border; and
(2)  in which at least four rivers are located.
(c)  An offense under this section is a Class C misdemeanor.
(d)  It is a defense to prosecution under Subsection (b) that the person who possessed the glass container:
(1)  did not transport the glass container into the boundaries of the riverbed;
(2)  possessed the glass container only for the purpose of lawfully disposing of the glass container in a designated waste receptacle; or
(3)  is the owner of property adjacent to the section of the riverbed in which the person possessed the glass container.
(e)  It is an exception to the application of Subsection (b) that the person possessed the glass container only for the purpose of water sampling or conducting scientific research as authorized by:
(1)  a governmental entity;
(2)  a utility as defined by Section 11.004, Utilities Code;
(3)  a retail public utility as defined by Section 13.002, Water Code;
(4)  a power generation company as defined by Section 31.002, Utilities Code;
(5)  a surface coal mining and reclamation operation, as defined by Section 134.004, Natural Resources Code; or
(6)  a school-sponsored or university-sponsored educational activity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1124 (H.B. 218), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter A. General Provisions › Section 366.001. Policy and Purpose

Sec. 366.001.  POLICY AND PURPOSE.  It is the public policy of this state and the purpose of this chapter to:
(1)  eliminate and prevent health hazards by regulating and properly planning the location, design, construction, installation, operation, and maintenance of on-site sewage disposal systems;
(2)  authorize the commission or authorized agent to impose and collect a permit fee for:
(A)  construction, installation, alteration, repair, or extension of on-site sewage disposal systems;  and
(B)  tests, designs, and inspections of those systems;
(3)  authorize the commission or authorized agent to impose a penalty for a violation of this chapter or a rule adopted under this chapter;
(4)  authorize the commission to license or register certain persons;  and
(5)  allow the individual owner of a disposal system to install and repair the system in accordance with this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 880, Sec. 21, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter A. General Provisions › Section 366.002. Definitions

Sec. 366.002.  DEFINITIONS.  In this chapter:
(1)  "Authorized agent" means a local governmental entity authorized by the commission to implement and enforce rules under this chapter.
(2)  "Commission" means the Texas Natural Resource Conservation Commission.
(3), (4) Repealed by Acts 2001, 77th Leg., ch. 880, Sec. 25(2), eff. Sept. 1, 2001.
(5)  "Local governmental entity" means a municipality, county, river authority, or special district, including an underground water district, soil and water conservation district, or public health district.
(6)  "Nuisance" means:
(A)  sewage, human excreta, or other organic waste discharged or exposed in a manner that makes it a potential instrument or medium in the transmission of disease to or between persons;  or
(B)  an overflowing septic tank or similar device, including surface discharge from or groundwater contamination by a component of an on-site sewage disposal system, or a blatant discharge from an on-site sewage disposal system.
(7)  "On-site sewage disposal system" means one or more systems of treatment devices and disposal facilities that:
(A)  produce not more than 5,000 gallons of waste each day;  and
(B)  are used only for disposal of sewage produced on a site on which any part of the system is located.
(8)  "Owner" means a person who owns a building or other property served by an on-site sewage disposal system.
(9)  "Sewage" means waste that:
(A)  is primarily organic and biodegradable or decomposable;  and
(B)  generally originates as human, animal, or plant waste from certain activities, including the use of toilet facilities, washing, bathing, and preparing food.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.038, eff. Aug. 12, 1991;  Acts 1993, 73rd Leg., ch. 589, Sec. 1 to 3, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1127, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 880, Sec. 25(2), eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter A. General Provisions › Section 366.003. Immunity

Sec. 366.003.  IMMUNITY.  The commission, an authorized agent, or a designated representative is not liable for damages resulting from the commission's or authorized agent's approval of the installation and operation of an on-site sewage disposal system.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter A. General Provisions › Section 366.004. Compliance Required

Sec. 366.004.  COMPLIANCE REQUIRED.  A person may not construct, alter, repair, or extend, or cause to be constructed, altered, repaired, or extended, an on-site sewage disposal system that does not comply with this chapter and applicable rules.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter A. General Provisions › Section 366.005. Notice of Utility Service Connections

Sec. 366.005.  NOTICE OF UTILITY SERVICE CONNECTIONS.  (a)  An electric utility shall compile a list weekly for each county in this state of the addresses located in an unincorporated area of the county at which the electric utility has made new electric service connections during the preceding week.  The electric utility shall submit the list to the county judge of the county, or to a county officer or employee designated by the county judge, who shall forward the list to each authorized agent having jurisdiction over an area in which an address on the list is included.  The authorized agent may use the list for the purpose of implementing and enforcing rules under this chapter.  This section does not apply to a reconnection of service to a location previously served.
(b)  An electric utility may not be held liable for a claim arising from the provision of information under this section.
(c)  Information provided by a utility under this section is confidential and not subject to disclosure under Chapter 552, Government Code, or otherwise, except as provided by this section.
(d)  The county judge shall forward the list compiled under Subsection (a) to each appraisal district and each emergency communication district in the county.
(e)  In this section:
(1)  "Appraisal district" means a district established under Section 6.01, Tax Code.
(2)  "Electric utility" means an investor-owned utility, electric cooperative corporation, river authority, or municipally owned utility that provides distribution service to retail customers of electricity.
(3)  "Emergency communication district" means a district established under Chapter 772.
Added by Acts 1997, 75th Leg., ch. 1127, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 15, Sec. 1, eff. May 3, 1999;  Acts 1999, 76th Leg., ch. 333, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter A. General Provisions › Section 366.006. Certain Leased Land Owned by Federal Government

Sec. 366.006.  CERTAIN LEASED LAND OWNED BY FEDERAL GOVERNMENT.  (a)  If a tract of land owned by the federal government contains separately leased individual parts, each leased part is considered a separate tract of land for purposes of this chapter or a rule adopted under this chapter.
(b)  The commission may adopt rules as necessary to administer this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 258 (H.B. 1680), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter B. General Powers and Duties of Commission and Authorized Agents › Section 366.011. General Supervision and Authority

Sec. 366.011.  GENERAL SUPERVISION AND AUTHORITY.  The commission or authorized agents:
(1)  have general authority over the location, design, construction, installation, and proper functioning of on-site sewage disposal systems;  and
(2)  shall administer this chapter and the rules adopted under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter B. General Powers and Duties of Commission and Authorized Agents › Section 366.013. Installation and Use of Water Softeners and Reverse Osmosis Systems

Sec. 366.013.  INSTALLATION AND USE OF WATER SOFTENERS AND REVERSE OSMOSIS SYSTEMS.  (a)  Except as provided by Subsection (b), an owner may install or use a water softener that discharges effluent into an on-site sewage disposal system only if the installed water softener:
(1)  conserves water by design;
(2)  regenerates using a demand-initiated regeneration control device, commonly known as a DIR device;  and
(3)  is clearly labeled as being equipped with a DIR device, with the label affixed to the outside of the system so that it may be inspected and easily read.
(b)  An owner may use a water softener that discharges effluent into an on-site sewage disposal system and that does not meet the requirements of Subsection (a) if the water softener was installed before September 1, 2003.  The owner must replace the water softener with a water softener that meets the requirements of Subsection (a) if the owner:
(1)  replaces the water softener;  or
(2)  installs a new on-site sewage disposal system for the building or other property served by the existing system.
(c)  An owner may install and use a point-of-use reverse osmosis system that discharges effluent into an on-site sewage disposal system.
(d)  An owner may install and use a point-of-entry reverse osmosis system that discharges effluent into an on-site sewage disposal system if the calculated volume of effluent:
(1)  does not cause hydraulic overloading;  or
(2)  has been adequately addressed in the design of the on-site sewage disposal system.
(e)  This section does not apply to an aerobic, nonstandard, or proprietary on-site sewage treatment system unless the water softener drain line to the system bypasses the treatment system and flows into the pump tank or directly into the discharge method.
(f)  The commission by rule shall adopt and implement standards for the use of water softeners and reverse osmosis systems in a building or other property served by an on-site sewage disposal system.
Added by Acts 2003, 78th Leg., ch. 966, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter B. General Powers and Duties of Commission and Authorized Agents › Section 366.014. Designated Person

Sec. 366.014.  DESIGNATED PERSON.  Subject to the requirements of Section 366.071(b), the commission or an authorized agent may designate a person to:
(1)  review permit applications, site evaluations, or planning materials;  or
(2)  inspect on-site sewage disposal systems.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 589, Sec. 4, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 333, Sec. 59, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 880, Sec. 23, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter B. General Powers and Duties of Commission and Authorized Agents › Section 366.016. Emergency Orders

Sec. 366.016.  EMERGENCY ORDERS.  The commission or authorized agent may issue an emergency order concerning an on-site sewage disposal system under Section 5.513, Water Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 38, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 12.011, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter B. General Powers and Duties of Commission and Authorized Agents › Section 366.017. Required Repairs; Penalty

Sec. 366.017.  REQUIRED REPAIRS;  PENALTY.  (a)  The commission or authorized agent may require a property owner to repair a malfunctioning on-site sewage disposal system on the owner's property:
(1)  not later than the 30th day after the date on which the owner is notified by the commission or authorized agent of the malfunctioning system if the owner has not been notified of the malfunctioning system during the preceding 12 months;
(2)  not later than the 20th day after the date on which the owner is notified by the commission or authorized agent of the malfunctioning system if the owner has been notified of the malfunctioning system once during the preceding 12 months;  or
(3)  not later than the 10th day after the date on which the owner is notified by the commission or authorized agent of the malfunctioning system if the owner has been notified of the malfunctioning system at least twice during the preceding 12 months.
(b)  The property owner must take adequate measures as soon as practicable to abate an immediate health hazard.
(c)  The property owner may be assessed an administrative or a civil penalty under Chapter 7, Water Code, for each day that the on-site sewage disposal system remains unrepaired.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 39, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1127, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter C. Designation of Local Governmental Entity as Authorized Agent › Section 366.031. Designation

Sec. 366.031.  DESIGNATION.  (a)  The commission shall designate a local governmental entity as an authorized agent if the governmental entity:
(1)  notifies the commission that the entity wants to regulate the use of on-site sewage disposal systems in its jurisdiction;
(2)  in accordance with commission procedures, holds a public hearing and adopts an order or resolution that complies with Section 366.032;  and
(3)  submits the order or resolution to the commission.
(b)  The commission in writing may approve the local governmental entity's order or resolution, and the designation takes effect only when the order or resolution is approved.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter C. Designation of Local Governmental Entity as Authorized Agent › Section 366.032. Order or Resolution; Requirements

Sec. 366.032.  ORDER OR RESOLUTION;  REQUIREMENTS.  (a)  The local governmental entity's order or resolution must:
(1)  incorporate the commission's rules on abatement or prevention of pollution and the prevention of injury to the public health;
(2)  meet the commission's minimum requirements for on-site sewage disposal systems;  and
(3)  include a written enforcement plan.
(b)  If the order or resolution adopts more stringent standards for on-site sewage disposal systems than this chapter or the commission's standards and provides greater public health and safety protection, the authorized agent's order or resolution prevails over this chapter or the standards.
(c)  An authorized agent must obtain commission approval of substantive amendments to the agent's order or resolution.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter C. Designation of Local Governmental Entity as Authorized Agent › Section 366.033. Delegation to Local Governmental Entities

Sec. 366.033.  DELEGATION TO LOCAL GOVERNMENTAL ENTITIES.  The commission shall delegate to local governmental entities responsibility for the implementation and enforcement of applicable rules.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter C. Designation of Local Governmental Entity as Authorized Agent › Section 366.034. Investigation of Authorized Agents

Sec. 366.034.  INVESTIGATION OF AUTHORIZED AGENTS.  (a)  The commission shall:
(1)  conduct not more often than once a year an investigation of each authorized agent to determine the authorized agent's compliance with this chapter;  and
(2)  prepare an annual report concerning the status of the local governmental entity's regulatory program.
(b)  If the commission determines that an authorized agent does not consistently enforce the commission's minimum requirements for on-site sewage disposal systems, the commission shall hold a hearing and determine whether to continue the designation as an authorized agent.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter C. Designation of Local Governmental Entity as Authorized Agent › Section 366.035. Mandatory Application for and Maintenance of Designation

Sec. 366.035.  MANDATORY APPLICATION FOR AND MAINTENANCE OF DESIGNATION.  A local governmental entity that applies to the Texas Water Development Board for financial assistance under a program for economically distressed areas must take all actions necessary to receive and maintain a designation as an authorized agent of the commission.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 127, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter C. Designation of Local Governmental Entity as Authorized Agent › Section 366.036. County Map

Sec. 366.036.  COUNTY MAP.  (a)  If the commission designates a local governmental entity as its authorized agent and if the entity intends to apply to the Texas Water Development Board for financial assistance under a program for economically distressed areas, the commissioners court of the county in which the entity is located shall prepare a map of the county area outside the limits of municipalities.  The entity shall give to the commissioners court a written notice of the entity's intention to apply for the assistance.  The map must show the parts of the area in which the different types of on-site sewage disposal systems may be appropriately located and the parts in which the different types of systems may not be appropriately located.
(b)  The commissioners court shall file the map in the office of the county clerk.
(c)  The commissioners court, at least every five years, shall review the map and make changes to it as necessary to keep the map accurate.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 127, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter D. Permits; Fees › Section 366.051. Permits

Sec. 366.051.  PERMITS.  (a)  A person must hold a permit and an approved plan to construct, alter, repair, extend, or operate an on-site sewage disposal system.
(b)  If the on-site sewage disposal system is located in the jurisdiction of an authorized agent, the permit is issued by the authorized agent;  otherwise, the permit is issued by the commission.
(c)  A person may not begin to construct, alter, repair, or extend an on-site sewage disposal system that is owned by another person unless the owner or owner's representative shows proof of a permit and approved plan from the commission or authorized agent.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter D. Permits; Fees › Section 366.0512. Multiple Treatment Systems

Sec. 366.0512.  MULTIPLE TREATMENT SYSTEMS.  A multiple system of treatment devices and disposal facilities may be permitted as an on-site disposal system under this chapter if the system:
(1)  is located on a tract of land of at least 100 acres in size;
(2)  produces not more than 5,000 gallons a day on an annual average basis;
(3)  is used only on a seasonal or intermittent basis;  and
(4)  is used only for disposal of sewage produced on the tract of land on which any part of the system is located.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 20.03, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter D. Permits; Fees › Section 366.0513. Permits for Certain Temporary Systems

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 1018 (H.B. 4087), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter D. Permits; Fees › Section 366.052. Permit Not Required for On-Site Sewage Disposal on Certain Single Residences

Sec. 366.052.  PERMIT NOT REQUIRED FOR ON-SITE SEWAGE DISPOSAL ON CERTAIN SINGLE RESIDENCES.  (a)  Sections 366.051, 366.053, 366.054, and 366.057 do not apply to an on-site sewage disposal system of a single residence that is located on a land tract that is 10 acres or larger in which the field line or sewage disposal line is not closer than 100 feet of the property line.
(b)  Effluent from the on-site sewage disposal system on a single residence:
(1)  must be retained in the specified limits;
(2)  may not create a nuisance;  and
(3)  may not pollute groundwater.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter D. Permits; Fees › Section 366.053. Permit Application

Sec. 366.053.  PERMIT APPLICATION.  (a)  Application for a permit must:
(1)  be made on a form provided by the commission or authorized agent;  and
(2)  include information required by the commission or authorized agent to establish that the individual sewage disposal system complies with this chapter and rules adopted under this chapter.
(b)  The commission shall adopt rules and procedures for the submission, review, and approval or rejection of permit applications.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 366 - On-Site Sewage Disposal Systems › Subchapter D. Permits; Fees › Section 366.054. Notice From Installer

Sec. 366.054.  NOTICE FROM INSTALLER.  An installer may not begin construction, alteration, repair, or extension of an on-site sewage disposal system unless the installer notifies the commission or authorized agent of the date on which the installer plans to begin work on the system.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1, 1995.