Tex. Water Code § 26.0405 · Subchapter B. GENERAL POWERS AND DUTIES
GENERAL PERMITS FOR CERTAIN SEWAGE TREATMENT AND DISPOSAL SYSTEMS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) To the extent not in conflict with state water quality standards or federal law, the commission shall issue one or more general permits for the discharge of treated sewage into or adjacent to water in this state by a sewage treatment and disposal system if the system:
(1) produces not more than 5,000 gallons of waste each day;
(2) is in a county with a population of 2.8 million or more that is an authorized agent under Chapter 366, Health and Safety Code, and that has:
(A) adopted a resolution under Section 7.352 that authorizes the county to exercise enforcement power under Subchapter H, Chapter 7; and
(B) entered into an agreement with the commission to inspect, investigate, and otherwise monitor compliance with the permit;
(3) provides sewage treatment and disposal for a single-family residence for which the commission determines a connection to an existing or proposed area-wide or regional waste collection, treatment, and disposal system is not feasible; and
(4) is on a property that:
(A) was subdivided and developed before January 1, 1979; and
(B) is of insufficient size to accommodate on-site disposal of all wastewater in compliance with Chapter 366, Health and Safety Code.
(b) A person who discharges under a permit issued under this section is not required to hold a license or registration under Section 26.0301.
(c) For a permit issued under this section, the commission shall for each system:
(1) specify the design, operation, and maintenance requirements; and
(2) establish the primary and secondary treatment requirements.
(d) A system for which a permit is issued under this section is subject to design criteria established under Chapter 366, Health and Safety Code, and is not subject to design criteria established under Section 26.034.
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 256, Sec. 1, eff. May 28, 1999. Amended by Acts 2001, 77th Leg., ch. 880, Sec. 7, eff. Aug. 27, 2001.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/WA/htm/WA.26.htm
- Text hash
- sha256 a1700040af721978dfc909af89fe709289d314d880c0f291aa57768334ec00f7
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
Water Code
- Tex. Water Code ch. 7, subch. HSUIT BY OTHERSPrinted as Subchapter H, Chapter 7
- Tex. Water Code § 7.352RESOLUTION REQUIRED.Printed as Section 7.352
- Tex. Water Code § 26.0301WASTEWATER OPERATIONS COMPANY REGISTRATION AND OPERATOR LICENSING.Printed as Section 26.0301
- Tex. Water Code § 26.034APPROVAL OF DISPOSAL SYSTEM PLANS.Printed as Section 26.034
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.