2005 Texas Health & Safety Code CHAPTER 367. ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL

HEALTH & SAFETY CODE

CHAPTER 367. ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL


	§ 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, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 1.039, eff. Aug. 12, 
1991;  Acts 1995, 74th Leg., ch. 76, § 11.116, eff. Sept. 1, 
1995;  Acts 1995, 74th Leg., ch. 347, § 1, eff. Aug. 28, 1995.


	§ 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, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., ch. 14, § 128, eff. Sept. 1, 1991;  Acts 
1991, 72nd Leg., 1st C.S., ch. 3, § 1.040, eff. Aug. 12, 1991;  
Acts 1995, 74th Leg., ch. 76, § 11.117, eff. Sept. 1, 1995.


	§ 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, 2013.
	(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, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., ch. 14, § 129, eff. Sept. 1, 1991;  Acts 
2001, 77th Leg., ch. 1481, § 2.05, eff. Sept. 1, 2001;  Acts 
2003, 78th Leg., ch. 1112, § 5.01, eff. Sept. 1, 2003.


	§ 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, § 1, eff. Sept. 1, 1989.                    


	§ 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, § 1, eff. Sept. 1, 1989.                    


	§ 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, § 1, eff. Sept. 1, 1989.                    


	§ 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, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 1.041, eff. Dec. 1, 
1991;  Acts 1995, 74th Leg., ch. 76, § 11.118, eff. Sept. 1, 
1995;  Acts 1995, 74th Leg., ch. 347, § 2, eff. Aug. 28, 1995.


	§ 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, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 1.042, eff. Dec. 1, 
1991.


	§ 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, § 1, eff. Sept. 1, 1989.                    


	§ 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, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1995, 74th Leg., ch. 76, § 11.119, eff. Sept. 1, 1995;  
Acts 1995, 74th Leg., ch. 347, § 3, eff. Aug. 27 1995.


	§ 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, § 4, eff. Aug. 28, 1995.