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A BILL TO BE ENTITLED
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AN ACT
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relating to the suspension of an enforcement action against a |
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regional water supply, sewer, or wastewater treatment service for a |
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violation committed by a retail public utility being integrated |
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into the regional service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.0026, Water Code, is amended to read as |
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follows: |
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Sec. 7.0026. SUSPENSION OF ENFORCEMENT ACTION AGAINST |
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CERTAIN REGIONAL WATER, SEWER, OR SOLID WASTE SERVICES. (a) In |
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this section, "retail public utility" has the meaning assigned by |
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Section 13.002. |
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(b) If a water supply, sewer, wastewater treatment, or solid |
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waste disposal service operated by or for a municipality or county |
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is being integrated into a regional water supply, sewer, wastewater |
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treatment, or solid waste disposal service, the commission may |
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enter into a compliance agreement with the regional service under |
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which the commission will not initiate an enforcement action |
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against the regional service for existing or anticipated violations |
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resulting from the operation by the regional service of the service |
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being integrated. A compliance agreement under this section must |
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include provisions necessary to bring the service being integrated |
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into compliance. |
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(c) If a water supply, sewer, or wastewater treatment |
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service operated by a retail public utility, other than a |
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municipality or county, is being integrated into a regional water |
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supply, sewer, or wastewater treatment service administered by |
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another entity, the commission may enter into a compliance |
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agreement with the regional service under which the commission will |
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not initiate an enforcement action against the regional service for |
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existing or anticipated violations resulting from the operation by |
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the regional service of the service being integrated. A compliance |
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agreement under this section must include provisions necessary to |
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bring the service being integrated into compliance. |
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(d) This section does not prohibit the commission from |
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initiating an enforcement action against a regional service that is |
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a party to a compliance agreement if the regional service does not |
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substantially comply with the agreement. |
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SECTION 2. Not later than December 1, 2023, the Texas |
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Commission on Environmental Quality shall adopt rules as necessary |
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to implement Section 7.0026(c), Water Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |