Texas Attorney General Opinion: JM-1278 Page: 3 of 11
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Dr. Robert Bernstein - Page 3 (JM-1278)
however, in accordance with section 366.032(b) which
If the order or resolution adopts more strin-
gent standards for on-site sewage disposal
systems than this chapter or the department's
standards and provides greater public health
and safety protection, the authorized agent's
order or resolution prevails over this
chapter or the standards.
We conclude the legislature intended section 366.032(b) to
authorize any governmental entity that is an authorized
agent to adopt more stringent standards and for such
standards to prevail after their adoption. Our construction
is consistent with the language of article 4477-7e, from
which section 366.032(b) was derived, and with the testimony
presented to the legislature in 1987 on behalf of House Bill
1875, the bill that enacted article 4477-7e.
Section 366.032(b) modifies and combines language from
sections 5(c) and 13 of article 4477-7e, V.T.C.S. Acts
1987, 70th Leg., ch. 406, at 1935, 1938. Section 5(c)
stated "[t]he order or resolution may adopt more stringent
standards for on-site sewage disposal systems than the
department's standards." Id, at 1935. Section 13 stated:
A local governmental entity's orders and
rules that are more stringent than this
article or rules adopted under this article
and that provide greater protection to the
public health or safety prevail in the local
governmental entity's jurisdiction.
Id at 1938. The language in section 5(c) that an "order or
resolution may adopt more stringent standards for on-site
sewage disposal systems" clearly constitutes authority for
any governmental entity who is an authorized agent to adopt
more stringent standards, and we conclude that the modifi-
cation of this language from section 5(c) and its combina-
tion with language from section 13 was not intended to make
a change in the law.2
2. Repeal of these and other sections of article
4477-7e and enactment of chapter 366 was part of a non-
substantive codification of existing health and safety laws
and thus was not intended to make substantive legal changes.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1278, text, 1990; (texashistory.unt.edu/ark:/67531/metapth273716/m1/3/: accessed September 25, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.