State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > 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.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > 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.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > 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.