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1991 Texas Attorney General Reports and Opinions 1 (1991)

handle is hein.sag/sagtx0043 and id is 1 raw text is: Office of the Attornep @entral
6tate of Texas

DAN MORALES
ATTORNEY GENERAL

January 30, 1991

Mr. William Tenison
Chairman
On-Site Wastewater Treatment
Research Council
P. 0. Box 1088
Austin, Texas 78767

Opinion No. DM-1
Re: Authority of the On-Site Wastewater
Treatment Research Council, and related
questions (RQ-2165)

Dear Mr. Tenison:
Chapter 367 of the Health and Safety Code provides for the awarding of grants of
state funds by the On-Site Wastewater Treatment Research Council (hereinafter the
council) for support of research and for dissemination of information relating to on-site
wastewater treatment technology. The provisions now in chapter 367 were adopted in
1987 as article 4477-7f, V.T.C.S., and codified in the Health and Safety Code in 1989. Acts
1987, 70th Leg., 2d C.S., ch. 28; Acts 1989, 71st Leg., ch. 678, § 1, at 2230.
The council is composed of 11 members appointed by the governor. Health &
Safety Code § 367.002. Grants or other expenditures made by the council are payable
from the on-site wastewater treatment research account in the general revenue fund. Fees
collected by various entities for the issuance of on-site wastewater treatment permits are
forwarded to the Department of Health and deposited to the credit of such account. Id.
§§ 367.008(c), 367.010.
You ask first about section 367.007, which provides:
(a) The [Department of Health] shall implement council
decisions.
(b) The council may enter into an interagency contract with the
department to provide staff and other administrative support as
required.
(c) Administrative costs are payable from the on-site wastewater
treatment research account.

p. 1

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