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 366.012. Rules Concerning On-Site Sewage Disposal Systems

Sec. 366.012.  RULES CONCERNING ON-SITE SEWAGE DISPOSAL SYSTEMS.  (a)  To assure the effective and efficient administration of this chapter, the commission shall:
(1)  adopt rules governing the installation of on-site sewage disposal systems, including rules concerning the:
(A)  review and approval of on-site sewage disposal systems; and
(B)  temporary waiver of a permit for an emergency repair; and
(2)  adopt rules under this chapter that:
(A)  encourage the use of economically feasible alternative techniques and technologies for on-site sewage disposal systems that can be used in soils not suitable for conventional on-site sewage disposal;
(B)  address the separation of graywater, as defined by Section 341.039, in a residence served by an on-site sewage disposal system;
(C)  allow for an adjustment in the size required of an on-site sewage disposal system if the system is used in conjunction with a graywater system that complies with the rules adopted under Section 341.039;
(D)  require on-site sewage disposal systems, including risers and covers, installed after September 1, 2012, to be designed to prevent access to the system by anyone other than:
(i)  the owner of the system; or
(ii)  a person described by Section 366.071(a) or (b);
(E)  for a county with a population of at least 350,000 and not more than 370,000 that is adjacent to the Gulf of Mexico and adjacent to a county with a population of at least 3.3 million, allow for the installation of aerobic drip emitter systems on subdivided or platted properties less than one-half acre in size serving single-family residences supplied by a public drinking water system if site-specific planning materials have been:
(i)  submitted by a licensed engineer or registered sanitarian; and
(ii)  approved by the appropriate authorized agent; and
(F)  for a county with a population of more than 40,000 and less than 50,000 that borders the Red River along the Oklahoma state line and has a major interstate road running through it, allow for the installation of aerobic drip emitter systems on subdivided or platted properties less than one-half acre in size, serving single-family residences supplied by a public drinking water system if site-specific planning materials have been:
(i)  submitted by a licensed engineer or registered sanitarian; and
(ii)  approved by the appropriate authorized agent.
(b)  In rules adopted under this chapter, the commission shall include definitions and detailed descriptions of good management practices and procedures for the construction of on-site sewage disposal systems that:
(1)  justify variation in field size or in other standard requirements;
(2)  promote the use of good management practices or procedures in the construction of on-site sewage disposal systems;
(3)  require the use of one or more specific management practices or procedures as a condition of approval of a standard on-site sewage disposal system if, in the opinion of the commission or authorized agent, site conditions or other problems require the use of additional management practices or procedures to ensure the proper operation of an on-site sewage disposal system;  and
(4)  make available general, operational information to the public.
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. 22, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 689, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 220 (H.B. 240), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 545 (H.B. 1902), Sec. 2, eff. June 16, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1018 (H.B. 4087), Sec. 1, eff. September 1, 2023.