Untitled Texas Attorney General Opinion

                                              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,