Section 321.4 - Requirements for Marine Sanitation Devices(a) Any marine sanitation device installed on a boat shall meet the requirements specified in 33 Code of Federal Regulations (CFR) Part 159.(b) If a Type I or Type II marine sanitation device is installed on any boat, the operator shall secure the device using an acceptable method described in 33 CFR Part 159 to prevent the discharge of treated or untreated sewage while located on a no discharge zone.(c) A portable marine sanitation device that is designed to facilitate the carry-off of sewage for onshore disposal is acceptable as an additional marine sanitation device on any boat other than a houseboat.(d) All houseboats, regardless of length, shall be equipped with at least one permanently installed toilet which shall be properly connected to a Type III marine sanitation device. The toilet may be simultaneously connected to both a Type III marine sanitation device and to another approved marine sanitation device only if the valve or other mechanism between the two devices are set to direct all sewage to the Type III marine sanitation device and shall be locked or otherwise secured by the boat operator in a manner that will prevent the discharge of treated or untreated sewage while the vessel is located on a no discharge zone.(e) Contents of a holding tank, whether permanently installed or portable, may be disposed of only by the following methods:(1) discharge into a boat pump-out station approved and certified under this subchapter;(2) discharge into an adequately-sized on-site sewage facility permitted to receive boat sewage in accordance with Texas Health and Safety Code, Chapter 366 and Chapter 285 of this title (relating to On-Site Sewage Facilities); or(3) pick up and discharge by a transporter registered under Chapter 312, Subchapter G of this title (relating to Transporters and Temporary Storage Provisions), for disposal at a facility permitted or authorized by the commission to receive boat sewage.30 Tex. Admin. Code § 321.4
The provisions of this §321.4 adopted to be effective November 11, 2010, 35 TexReg 9910