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Commissioners debate enforcement and penalties for illegal septic installations
Summary
County staff relayed TCEQ concerns and recommended regulatory language to deter illegal on‑site sewage installations; commissioners weighed whether enforcement would be criminal (state authority) or regulatory and directed staff to draft enforceable options that respect state limits.
Road & Bridge staff told the court that during a recent TCEQ conversation they were advised to add regulatory language to the county’s OSSF rules to deter illegal installations. The staff member said some counties write specific permit language to prevent repeated illegal installs and recommended the court consider similar wording.
Chair responded that illegal installations often implicate criminal statutes and that the county may be limited in how high it can set fines without reaching state felony thresholds. "My initial thought on that is really that that's a criminal offense as opposed to a regulatory something," the Chair said, noting a class A misdemeanor cap at $2,000 that could constrain county penalties. The court asked staff to draft regulatory language that deters illegal installers while coordinating with the county attorney on enforceability and statutory constraints.
The court did not adopt new penalties at the workshop; it directed staff to provide draft options and legal analysis.
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