AUSTIN. TEXAS 78711
August 28, 1974
The Honorable Hugh C. Yantis, Jr. Opinion No. H- 384
Executive Di.rector
Texas Water Quality Board Re: Wbether the Texas Water
P. 0. Box 13246, Capitol Station Quality Board can delegate
Austin. Texas 78711 its authority to inspect and
certify boats to private
business.
Dear Mr. Yantis:
You have asked whether the Texas Water Quality Board may delegate
its inspection and certification functions under Sec. 21.097, Texas
Water Code, to privately owned and operated marine dealerships,
marinas and similar enterprises.
Section 21.097, Texas Water Code, provides in part:
(b) Within twelve months after this section takes
effect the [Texas Water Qualitylboard shall issue regu-
Zatiotls concerning the disposal of sewage from boats
located or operated on inland fresh waters in this state.
The regulat:.ons of the board take effect six months
after they are issued unless an earlier effective date is
spec’fied in the regulations. The regulations of the
board shall include, but not. be limited to, provisions
for the est.ablishment of standards for sewage disposal
dev-ices, the certification of sewage disposal devices,
in-luding otl-shore pump out faci.lities, and the visible
and conspicuous display of evidence of certification
of sewage disposal devices on each boat equipped with
,;nzh de,