Texas Attorney General Opinion: JM-1278 Page: 2 of 11
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Dr. Robert Bernstein - Page 2 (JM-1278)
installers is covered by subchapter E of chapter 366. It
provides that no person may operate as an installer in Texas
unless registered by the department or an authorized agent.
Health & Safety Code 366.071. Section 366.073(a) requires
the department to issue or authorize the issuance of
installer registrations. Section 366.073(b) provides that
the department shall issue a registration to an installer if
he completes both an application in compliance with chapter
366 and the training program provided by the department.
"Authorized agents" are local governmental entities
designated by the department to implement and enforce
chapter 366 and the rules adopted by the Texas Board
of Health under chapter 366. Health & Safety Code
366.002(1); see also id, 366.033. For purposes of
chapter 366, the phrase "local governmental entities" refers
to municipalities, counties, river authorities or special
districts. Id. 366.002(6). According to section 366.011,
either the department or an authorized agent has "general
authority over the location, design, construction, installa-
tion, and proper functioning of on-site sewage disposal
systems." Neither subchapter E nor any other provision in
chapter 366 or its predecessor, article 4477-7e, states that
state registration in accordance with chapter 366 is
exclusive or that authorized agents may not impose more
stringent installer registration standards or require state
registered installers to register locally. In fact, the one
reference in chapter 366 describing departmental registra-
tion of installers as "statewide" does not indicate any
legislative intent to prohibit more stringent local regula-
tion of installers. See id. 366.077(a) (permitting an
authorized agent as well as the department to revoke an
installer's "statewide registration" for violating chapter
366 or rules adopted under the chapter).
Subchapter C of chapter 366 requires a local govern-
mental entity desiring designation as an authorized agent
to hold a public hearing and adopt an order or resolution
satisfying certain statutory requirements so that it
rather than the department may exercise the general author-
ity provided by section 366.011. Health & Safety Code
366.031-.032. Designation takes effect when the
department approves the order or resolution in writing.
The order or resolution must satisfy the department's
minimum requirements for on-site sewage disposal systems and
include a written enforcement plan. f4 1 366.032(a); e&
aAA i. 366.034(b) (revocation of an authorized agent's
designation if it does not consistently enforce the minimum
requirements). More stringent requirements are permissible,
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1278, text, 1990; (texashistory.unt.edu/ark:/67531/metapth273716/m1/2/: accessed October 21, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.