Texas Attorney General Opinion: DM-343 Page: 2 of 5
5 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Honorable Fred Hill - Page 2
Administration of chapter 366 is vested in the commission and its "authorized
agents" according to the following provision:
The [commission] or authorized agents:
(1) have general authority over the location, design, construc-
tion, installation, and proper functioning of on-site sewage disposal
systems; and
(2) shall administer this chapter and the rules adopted under this
chapter.
Health & Safety Code 366.011.
An "authorized agent" is a "local governmental entity," including a municipality,
"authorized by the ... [commission] to implement and enforce rules" under chapter 366.
Id. 366.002(1), (6). As an authorized agent, a local governmental entity may, instead of
the commission, exercise the general authority provided by section 366.011. Attorney
General Opinion JM-1278 (1990) at 2. The commission "shall designate a local govern-
mental entity as an authorized agent" if the governmental entity complies with the
requirements of sections 366.031 and 366.032. The local governmental entity must notify
the commission that it wishes to regulate the use of on-site sewage disposal systems in its
jurisdiction, hold a public hearing, and adopt an order or resolution that must:
(I) incorporate the ... [commission's] rules on abatement or
prevention of potionion and the prevention of injury to the public
health;
(2) meet the... [commission's] minimum requirements for on-
site sewage disposal systems; and
(3) include a written enforcement plan.
Health & Safety Code 366.032(a). An order or resolution that adopts more stringent
standards than chapter 366 or the commission's standards will prevail over the statute or
the commission's standards. Id. 366.032(b); see also Attorney General Opinion
JM-1278 (1990) at 3 (local governmental entity that has been designated authorized agent
may adopt standards more stringent than commission standards for local registration of
installers). The designation of the local governmental entity as authorized agent takes
effect only when the commission approves the resolution or order. Health & Safety Code
366.031(b).
Chapter 366 provides for comprehensive state-wide regulation of on-site sewage
disposal systems by the commission. Local governmental entities, including cities, may
administer the state-wide regulations, or more stringent ones, if they become authorized
agents pursuant to sections 366.031 and 366.032 of the Health and Safety Code.
Otherwise, the commission will administer the statute and regulations within the territorial
limits of local governmental entities. You suggest that these provisions conflict with otherp. 1825
. (DM-343)
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: DM-343, text, April 28, 1995; (https://texashistory.unt.edu/ark:/67531/metapth274152/m1/2/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.