Health and Safety Code
CHAPTER 366. ON-SITE SEWAGE DISPOSAL SYSTEMS
SUBCHAPTER A. GENERAL PROVISIONS
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) require an on-site sewage disposal system installer to
register with the commission; 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.
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) "Designated representative" means a person who is
designated by the commission or authorized agent to make
percolation tests, system designs, and inspections subject to
the commission's approval.
(4) "Installer" means a person who is compensated by another
to construct, install, alter, or repair an on-site sewage
disposal system.
(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.
Amended by Acts 1993, 73rd Leg., ch. 589, Secs. 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.
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.
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.
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 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) In this section, "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.
Added by Acts 1997, 75th Leg., ch. 1127, Sec. 2, eff. Sept. 1,
1997.
SUBCHAPTER B. GENERAL POWERS AND DUTIES OF COMMISSION AND
AUTHORIZED
AGENTS
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.
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;
(B) registration of installers; and
(C) temporary waiver of a permit for an emergency
repair; and
(2) adopt rules under this chapter that 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) 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.
Sec. 366.013. Training Program.
(a) The commission shall establish a training program
specifically developed for installers, authorized agents, and
designated representatives.
(b) The commission may charge a program participant a
reasonable fee to cover the cost of the training.
(c) Fees collected under this section shall be deposited to the
credit of the commission occupational licensing account.
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. 333, Sec. 58, eff. Sept. 1,
1997.
Sec. 366.014. Designated Representative.
(a) The commission or an authorized agent may designate a
person to make percolation tests, systems designs, and
inspections subject to the approval of the commission.
(b) To qualify as a designated representative, a person must:
(1) demonstrate to the commission's satisfaction the
person's competency to make percolation tests, designs, and
inspections for on-site sewage disposal systems in accordance
with this chapter and rules adopted under this chapter;
(2) successfully complete the training program provided by
the commission;
(3) successfully pass an examination provided by the
commission;
(4) receive written certification from the commission; and
(5) pay a reasonable fee to the commission for
administration of this training and certification.
(c) Fees collected under this section shall be deposited to the
credit of the commission occupational licensing account.
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.
Sec. 366.016. Emergency Orders.
The commission or authorized agent may issue an emergency order
concerning an on-site sewage disposal system under Section 5.517,
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.
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.
SUBCHAPTER C. DESIGNATION OF LOCAL GOVERNMENTAL ENTITY AS
AUTHORIZED
AGENT
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.
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.
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.
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.
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.
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.
SUBCHAPTER D. PERMITS; FEES
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.
Sec. 366.0515. Maintenance Contract and Performance Bond.
(a) 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
located in a county with a population of less than 40,000 on the
system's owner contracting for the maintenance of the system.
(b) Except as provided by Subsection (a), an authorized agent
by order or resolution or the commission by rule may condition
approval of a permit for an on-site sewage disposal system on the
system's owner contracting for the maintenance of the system. If
a maintenance contract is required, the owner of the on-site
sewage disposal system must submit to the permitting authority:
(1) a signed contract for the maintenance of the on-site
sewage disposal system; and
(2) if the on-site sewage disposal system is located in a
county with a population of more than 2.8 million, a
performance bond obtained from the person with whom the owner
of the on-site sewage disposal system has contracted for
maintenance of the system.
(c) A performance bond required by Subsection (b) must be:
(1) solely for the protection of the owner of the on-site
sewage disposal system;
(2) conditioned on the faithful performance of the
maintenance of the on-site sewage disposal system in accordance
with plans, specifications, laws, regulations, and ordinances
of the state and the authorized agent;
(3) in an amount reasonably related to the cost that the
owner of the on-site sewage disposal system would incur if the
maintenance company did not adhere to maintenance standards or
comply with applicable statutes, rules, or ordinances;
(4) executed by a corporate surety in accordance with
Section 1, Chapter 87, Acts of the 56th Legislature, Regular
Session, 1959 (Article 7.19-1, Vernon's Texas Insurance Code);
(5) in a form approved by the permitting authority; and
(6) payable to the owner of the on-site sewage disposal
system.
(d) If the owner of the on-site sewage disposal system enters
into a new maintenance contract or revises the original
maintenance contract, the owner must submit a copy of the new or
revised maintenance contract and a new performance bond to the
permitting authority not later than the 30th day after the date
on which the original contract terminates or is modified.
(e) The permitting authority may establish and collect a
reasonable fee to cover the cost of administering the performance
bond program.
(f) The installer of an on-site sewage disposal system shall
provide the owner of the system with information regarding
maintenance of the system at the time the system is installed.
(g) The owner of a single-family residence located in a county
with a population of less than 40,000 shall maintain the system
directly or through a maintenance contract. If the owner elects
to maintain the system directly, the owner must obtain training
in system maintenance from the authorized agent or the installer.
Added by Acts 1997, 75th Leg., ch. 1127, Sec. 4, eff. Sept. 1,
1997.
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.
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.
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.
Sec. 366.055. Inspections.
(a) The commission or authorized agent shall review a proposal
for an on-site sewage disposal system and make inspections of the
system as necessary to ensure that the on-site sewage disposal
system is in substantial compliance with this chapter and the
rules adopted under this chapter.
(b) An on-site sewage disposal system may not be used unless it
is inspected and approved by the commission or the authorized
agent.
(c) A holder of a permit issued under this chapter shall notify
the commission, the authorized agent, or a designated
representative not later than the fifth working day before the
proposed date of the operation of an installation that the
installation is ready for inspection.
(d) The inspection shall be made on a date and time mutually
agreed on by the holder of a permit and the commission, the
authorized agent, or a designated representative.
(e) An installation inspection shall be made not later than the
second working day, excluding holidays, after the date on which
notification that the installation is completed and ready for
inspection is given to the commission, the authorized agent, or a
designated representative.
(f) The owner, owner's representative, or occupant of the
property on which the installation is located shall give the
commission, the authorized agent, or a designated representative
reasonable access to the property at reasonable times to make
necessary inspections.
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.
Sec. 366.056. Approval of On-Site Sewage Disposal System.
(a) The commission or authorized agent may approve or
disapprove the on-site sewage disposal system depending on the
results of the inspections under Section 366.055.
(b) If a system is not approved under this section, the on-site
sewage disposal system may not be used until all deficiencies are
corrected and the system is reinspected and approved by 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.
Sec. 366.057. Permit Issuance.
(a) The commission shall issue or authorize the issuance of
permits and other documents.
(b) A permit and approved plan to construct, alter, repair,
extend, or operate an on-site sewage disposal system must be
issued in the name of the person who owns the system and must
identify the specific property location or address for the
specific construction, alteration, extension, repair, or
operation proposed by the person.
(c) The commission may not issue a permit to construct, alter,
repair, or extend an on-site sewage disposal system if the
issuance of a permit conflicts with other applicable laws or
public policy 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.
Sec. 366.058. Permit Fee.
(a) The commission by rule shall establish and collect a
reasonable permit fee to cover the cost of issuing permits under
this chapter and administering the permitting system.
(b) The commission at its discretion may provide variances to
the uniform application of the permit fee.
(c) Fees collected under this section shall be deposited to the
credit of the water resource management account.
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. 333, Sec. 60, eff. Sept. 1,
1997.
Sec. 366.059. Permit Fee Paid to Department or Authorized Agent.
(a) The permit fee shall be paid to the authorized agent or the
commission, whichever performs the permitting function.
(b) The commission may assess a charge-back fee to a local
governmental entity for which the commission issues permits for
administrative costs relating to the permitting function that are
not covered by the permit fees collected.
(c) Fees collected under this section shall be deposited to the
credit of the water resource management account.
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. 333, Sec. 61, eff. Sept. 1,
1997.
SUBCHAPTER E. REGISTRATION OF INSTALLERS
Sec. 366.071. Registration.
A person may not operate as an installer in this state unless the
person is registered by the commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 589, Sec. 5, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1,
1995.
Sec. 366.072. Registration Application.
The commission shall adopt a registration application form and
rules and procedures for the submission, review, and approval or
rejection of registration 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.
Sec. 366.073. Registration Issuance.
(a) The commission shall issue or authorize the issuance of
registrations and other documents.
(b) The commission shall issue a registration to an installer
if the installer:
(1) completes an application form that complies with this
chapter and rules adopted under this chapter; and
(2) completes the training program provided by the
commission.
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.
Sec. 366.074. Registration Fee.
The commission shall establish and collect a reasonable
registration fee to cover the cost of issuing registrations under
this chapter. Fees collected under this section shall be
deposited to the credit of the commission occupational licensing
account.
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. 333, Sec. 62, eff. Sept. 1,
1997.
Sec. 366.075. Proof of Registration.
Each installer shall furnish proof of registration if requested
by the commission, an authorized agent, or a designated
representative.
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.
Sec. 366.076. Registration Renewal.
The commission may provide for periodic renewal of
registrations.
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.
Sec. 366.078. Official Roster of Registered Installers.
On request, the commission semiannually shall:
(1) disseminate to the public an official roster of
registered installers; and
(2) provide to authorized agents a monthly update of the
roster.
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.
SUBCHAPTER F. PENALTIES
Sec. 366.092. Injunction or Civil Suit.
(a) If it appears that a person has violated, is violating, or is
threatening to violate any provision of this chapter, or any
rule, permit, or other order of the commission issued pursuant to
this chapter, an authorized agent or, at the request of the
commission, the attorney general may bring a civil suit for:
(1) mandatory or prohibitory injunctive relief, as warranted by
the facts;
(2) a civil penalty as provided by this chapter; or
(3) both injunctive relief and civil penalty.
(b) Repealed by Acts 1997, 75th Leg., ch. 1072, Sec. 60(b)(4),
eff. Sept. 1, 1997.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 589, Sec. 7, eff. Aug. 30,
1993; Acts 1997, 75th Leg., ch. 1127, Sec. 5, eff. Sept. 1, 1997.
Sec. 366.0922. Commission Enforcement at Local Government Request.
A local government may request that the commission initiate an
enforcement action under this chapter through a petition filed
with the commission. If the commission chooses to initiate an
enforcement action on behalf of a local government, civil
penalties recovered shall be divided between the local government
and the state based on the proportion of resources expended by
each entity in the course of enforcement action.
Added by Acts 1993, 73rd Leg., ch. 589, Sec. 8, eff. Aug. 30,
1993. Amended by Acts 1997, 75th Leg., ch. 1127, Sec. 6, eff.
Sept. 1, 1997.
Sec. 366.0923. Fees and Costs Recoverable.
If an authorized agent or the state prevails in a suit under
this subchapter, it may recover reasonable attorney's fees, court
costs, and reasonable investigative costs incurred in relation to
the proceeding.
Added by Acts 1993, 73rd Leg., ch. 589, Sec. 8, eff. Aug. 30,
1993. Amended by Acts 1997, 75th Leg., ch. 1127, Sec. 7, eff.
Sept. 1, 1997