CHAPTER 367. ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL
HEALTH AND SAFETY CODE
TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY
SUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND
WATER
CHAPTER 367. ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL
Sec. 367.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Natural Resource Conservation
Commission.
(2) "Council" means the On-site Wastewater Treatment Research
Council.
(3) "On-site wastewater treatment system" means a system of
treatment devices or disposal facilities that:
(A) is used for the disposal of domestic sewage, excluding
liquid waste resulting from the processes used in industrial and
commercial establishments;
(B) is located on the site where the sewage is produced; and
(C) produces not more than 5,000 gallons of waste a day.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.039,
eff. Aug. 12, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 11.116,
eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 347, Sec. 1, eff.
Aug. 28, 1995.
Sec. 367.002. COMPOSITION OF COUNCIL. The On-site Wastewater
Treatment Research Council is composed of the following 11
members appointed by the governor:
(1) two builders of housing constructed on-site in this state;
(2) one residential real estate developer;
(3) one professional engaged in municipal or county regulation
of on-site wastewater treatment in this state;
(4) one practicing engineer with significant experience
designing on-site wastewater treatment systems;
(5) two employees of the commission;
(6) one representative of an industry using on-site wastewater
treatment in this state as part of its commercial or
manufacturing process;
(7) one person employed in the field of rural water quality in
this state;
(8) one soils scientist who is involved in and familiar with
innovative on-site wastewater disposal techniques; and
(9) one representative of the public with a demonstrated
involvement in efforts to safeguard the environment.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 128, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.040, eff.
Aug. 12, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 11.117, eff.
Sept. 1, 1995.
Sec. 367.003. APPLICATION OF SUNSET ACT. (a) The council is
subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
council is abolished and this chapter expires September 1, 2011.
(b) If this chapter expires under Subsection (a), uncommitted
money in the on-site wastewater treatment research account shall
be deposited to the credit of the general revenue fund.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 129, eff. Sept. 1,
1991; Acts 2001, 77th Leg., ch. 1481, Sec. 2.05, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 1112, Sec. 5.01, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., 1st C.S., Ch.
2, Sec. 1.05, eff. July 10, 2009.
Sec. 367.004. TERMS. Council members serve for staggered
two-year terms, with the terms of five members expiring September
1 of each even-numbered year and the terms of six members
expiring September 1 of each odd-numbered year.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 367.005. OFFICERS; MEETINGS. (a) Each year the council
shall elect one of its members as chairman.
(b) The council shall meet quarterly as designated by the
chairman or may meet in an emergency as determined by the
chairman or a majority of the members.
(c) The vote of a majority, but not fewer than four, of the
council members present at a meeting or the written approval of a
majority of the council members is required for any council
action, including the approval of a grant request.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 367.006. COMPENSATION; EXPENSES. A council member is
entitled to receive:
(1) the amount provided by legislative appropriation for the
member's services; and
(2) reimbursement for travel expenses and other necessary
expenses as provided by law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 367.007. ADMINISTRATION. (a) The council is not an
advisory body to the commission. The commission, at the direction
of the council, shall implement council decisions.
(b) The council may enter into an interagency contract with the
commission to provide staff and other administrative support as
required to improve the quality of wastewater treatment and
reduce the cost of providing wastewater treatment to consumers.
(c) The council may accept grants and donations from other
sources to supplement the fees collected under Section 367.010.
Grants and donations shall be deposited to the credit of the
on-site wastewater treatment research account and may be
disbursed as the council directs and in accordance with Section
367.008.
(d) Administrative and facilities support costs are payable from
the on-site wastewater treatment research account.
(e) The council may award grants and enter into contracts in its
own name and on its own behalf.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.041,
eff. Dec. 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 11.118,
eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 347, Sec. 2, eff.
Aug. 28, 1995.
Sec. 367.008. AWARD OF COMPETITIVE GRANTS. (a) The council
shall establish procedures for awarding competitive grants and
disbursing grant money.
(b) The council may award competitive grants to:
(1) support applied research and demonstration projects by
accredited colleges and universities in this state, by other
governmental entities, or by acceptable public or private
research centers regarding on-site wastewater treatment
technology and systems applicable to this state that are directed
toward improving the quality of wastewater treatment and reducing
the cost of providing wastewater treatment to consumers; and
(2) enhance technology transfer regarding on-site wastewater
treatment by using educational courses, seminars, symposia,
publications, and other forms of information dissemination.
(c) The council may award grants or make other expenditures
authorized under this chapter only after the comptroller
certifies that the on-site wastewater treatment research account
contains enough money to pay for those expenditures.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.042,
eff. Dec. 1, 1991.
Sec. 367.009. APPROPRIATIONS. Money appropriated for the
purposes of this chapter shall be disbursed as the council
directs and in accordance with Section 367.008.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 367.010. FEES. (a) The commission and each county,
municipality, public health department, and river authority shall
collect a $10 fee for each on-site wastewater treatment permit
application processed.
(b) A county, municipality, public health department, or river
authority that collects a fee shall forward the fee to the
commission.
(c) The commission shall enforce the collection and forwarding
of the fee.
(d) The fee proceeds shall be deposited to the credit of the
on-site wastewater treatment research account.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.119, eff. Sept.
1, 1995; Acts 1995, 74th Leg., ch. 347, Sec. 3, eff. Aug. 27
1995.
Sec. 367.011. ON-SITE WASTEWATER TREATMENT RESEARCH ACCOUNT.
The on-site wastewater treatment research account is an account
in the general revenue fund.
Added by Acts 1995, 74th Leg., ch. 347, Sec. 4, eff. Aug. 28,
1995.