By Lewis, Delco, et al.                               H.B. No. 1305
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the establishment of and the areas subject to municipal
    1-3  ordinances to control or abate air or water pollution.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 54.004, Local Government Code, is amended
    1-6  to read as follows:
    1-7        Sec. 54.004.  Preservation of Health, Property, Good
    1-8  Government, and Order in Home-Rule Municipality; ENFORCEMENT OF AIR
    1-9  OR WATER POLLUTION CONTROL ORDINANCES AND REGULATIONS.  (a)  A
   1-10  home-rule municipality may adopt and enforce ordinances or
   1-11  regulations necessary to protect health, life, and property and to
   1-12  preserve the good government, order, and security of the
   1-13  municipality and its inhabitants.
   1-14        (b)  Except as provided by Section 401.002 of this code,
   1-15  Sections 26.177 and 26.901, Water Code, Sections 481.141-481.143,
   1-16  Government Code, and Section 382.901, Health and Safety Code, a
   1-17  home-rule municipality shall enforce uniformly within the corporate
   1-18  boundaries and the extraterritorial jurisdiction of the
   1-19  municipality all provisions of all ordinances and regulations
   1-20  relating to the control or abatement of air or water pollution that
   1-21  it adopts to provide equal protection for all inhabitants of the
   1-22  municipality and its extraterritorial jurisdiction.
   1-23        (c)  Except as provided by Subsection (b), the application of
   1-24  an ordinance or regulation of a home-rule municipality that is in
    2-1  effect on September 1, 1993, that relates to the control or
    2-2  abatement of air or water pollution and that does not apply by its
    2-3  terms to the entire area within the corporate boundaries of the
    2-4  municipality and the area within the extraterritorial jurisdiction
    2-5  of the municipality is extended to the entire area within the
    2-6  corporate boundaries and extraterritorial jurisdiction of the
    2-7  municipality.
    2-8        (d)  This section does not apply to municipal ordinances or
    2-9  regulations to the extent that those ordinances or regulations are
   2-10  specifically required by federal or state law, rule, order, or
   2-11  permit conditions.
   2-12        SECTION 2.  Section 401.002, Local Government Code, is
   2-13  amended to read as follows:
   2-14        Sec. 401.002.  PROTECTION OF STREAMS AND WATERSHEDS BY
   2-15  HOME-RULE MUNICIPALITY.  (a)  A home-rule municipality may prohibit
   2-16  the pollution of and may police a stream, drain, or tributary that
   2-17  may constitute the source of water supply of any municipality.
   2-18        (b)  Except as provided by Subsection (d), a <A> home-rule
   2-19  municipality that adopts water quality regulations and
   2-20  methodologies under this section shall apply identical water
   2-21  quality regulations and use identical methodologies uniformly for
   2-22  each stream, drain, or tributary that may constitute the source of
   2-23  water supply of any municipality, subject to Sections 26.177 and
   2-24  26.901, Water Code, and Sections 481.141-481.143, Government Code
   2-25  <may provide for the protection of and may police any watersheds>.
   2-26        (c)  Except as provided by Subsection (d), any exercise of
   2-27  <The> authority granted by this section shall encompass the entire
    3-1  area within the corporate boundaries and the extraterritorial
    3-2  jurisdiction of the municipality.  Any ordinance, regulation, or
    3-3  program adopted under this section shall apply identical water
    3-4  quality regulations and use identical methodologies uniformly
    3-5  within the corporate boundaries and the extraterritorial
    3-6  jurisdiction of the municipality to provide equal protection for
    3-7  all inhabitants of the municipality and its extraterritorial
    3-8  jurisdiction <may be exercised inside or outside the municipality's
    3-9  boundaries>.
   3-10        (d)  A home-rule municipality that adopts water quality
   3-11  regulations and methodologies under this section may authorize the
   3-12  use of differing regulations and methodologies, subject to Section
   3-13  26.901, Water Code.
   3-14        (e)  Subject to Subsections (b)-(d), the application of a
   3-15  water quality regulation of a home-rule municipality adopted under
   3-16  this section that is in effect on September 1, 1993, and that does
   3-17  not apply by its terms to the entire area within the corporate
   3-18  boundaries and the extraterritorial jurisdiction of the
   3-19  municipality is extended to the entire area within the corporate
   3-20  boundaries and the extraterritorial jurisdiction of the
   3-21  municipality.
   3-22        (f)  A water quality methodology of a home-rule municipality
   3-23  adopted under this section that is being used on September 1, 1993,
   3-24  is extended to the entire area within the corporate boundaries and
   3-25  the extraterritorial jurisdiction of the municipality.
   3-26        (g)  The provisions in Subsections (b)-(c) pertaining to
   3-27  identical water quality regulations and methodologies apply only to
    4-1  nonpoint source water pollution.  This section does not apply to
    4-2  water quality regulations or methodologies of a home-rule
    4-3  municipality to the extent that those regulations or methodologies
    4-4  are specifically required by federal or state law, rule, order, or
    4-5  permit conditions.
    4-6        SECTION 3.  Chapter 26, Water Code, is amended by adding
    4-7  Subchapter Z to read as follows:
    4-8                     SUBCHAPTER Z.  MISCELLANEOUS
    4-9        Sec. 26.901.  REGULATIONS AND METHODOLOGIES RELATING TO THE
   4-10  CONTROL AND ABATEMENT OF WATER POLLUTION WITHIN THE CORPORATE
   4-11  BOUNDARIES OR EXTRATERRITORIAL JURISDICTION OF A CITY.  (a)  The
   4-12  commission, a local government, or any other governmental agency or
   4-13  political subdivision of the state that establishes, enacts, or
   4-14  enforces a  water quality regulation or uses a methodology that
   4-15  relates to the control or abatement of water pollution and applies
   4-16  to a river basin within the corporate boundaries and the
   4-17  extraterritorial jurisdiction of a city shall, subject to Section
   4-18  26.177, Water Code, and the requirements of this section apply and
   4-19  enforce the regulation or use the methodology uniformly within the
   4-20  entire area of the river basin that is within the corporate
   4-21  boundaries and the extraterritorial jurisdiction of the city to
   4-22  provide equal protection for all inhabitants of the area of the
   4-23  river basin that is within the city and its extraterritorial
   4-24  jurisdiction.
   4-25        (b)  Subject to Subsection (a), the application of a
   4-26  regulation of the commission, a local government, or any other
   4-27  governmental agency or political subdivision of the state that is
    5-1  in effect on September 1, 1993, and that relates to the control or
    5-2  abatement of water pollution and applies to a river basin within
    5-3  the corporate boundaries and the extraterritorial jurisdiction of a
    5-4  city and that does not apply by its terms to the entire area within
    5-5  the corporate boundaries and the extraterritorial jurisdiction of
    5-6  the city is extended to the entire area of the river basin within
    5-7  the corporate boundaries and the extraterritorial jurisdiction of
    5-8  the city.
    5-9        (c)  Subject to Subsection (a), a methodology of the
   5-10  commission, a local government, or any other governmental agency or
   5-11  political subdivision of the state that is being used on September
   5-12  1, 1993, and that relates to the control or abatement of water
   5-13  pollution and applies to a river basin within the corporate
   5-14  boundaries and the extraterritorial jurisdiction of a city is
   5-15  extended to the entire area of the river basin within the corporate
   5-16  boundaries and the extraterritorial jurisdiction of the city.
   5-17        (d)  The commission, a local government, or any other
   5-18  governmental agency or political subdivision of the state may:
   5-19              (1)  use differing water quality regulations for
   5-20  residential, commercial, and industrial land use categories if the
   5-21  regulation for each category is identical and uniformly applied;
   5-22  and
   5-23              (2)  use differing methodologies if the methodologies
   5-24  employed will result in achievement of the water quality regulation
   5-25  for the applicable land use category of residential, commercial, or
   5-26  industrial.
   5-27        (e)  To use differing methodologies, the commission, local
    6-1  government, or other governmental agency or political subdivision
    6-2  shall establish and administer a program of regular monitoring to
    6-3  demonstrate that the methodologies result in compliance with the
    6-4  water quality regulation for the applicable land use category of
    6-5  residential, commercial, or industrial.  The program must be
    6-6  submitted to and approved by the commission before the use of
    6-7  differing methodologies, and monthly monitoring reports shall be
    6-8  filed with the commission.  If the monitoring reports indicate that
    6-9  the differing methodologies are not achieving the applicable water
   6-10  quality regulation for more than six months during any calendar
   6-11  year, the differing methodologies may no longer be used and the
   6-12  governmental entity using the methodologies shall use only
   6-13  identical methodologies for each land use category.  The approval
   6-14  or disapproval of any monitoring program reviewed by the commission
   6-15  shall be a contested case under the Administrative Procedure and
   6-16  Texas Register Act (Article 6252-13a, Vernon's Texas Civil
   6-17  Statutes), and all affected persons shall be afforded due process
   6-18  rights to participate in the hearing and to present evidence.
   6-19        (f)  This section does not apply to:
   6-20              (1)  a water quality regulation or methodology to the
   6-21  extent that the regulation or methodology is specifically required
   6-22  by federal law, rule, order, or permit conditions; or
   6-23              (2)  a water quality regulation or methodology of a
   6-24  city to the extent that the regulation or methodology is
   6-25  specifically required by state law, rule, order, or permit
   6-26  conditions.
   6-27        SECTION 4.  Chapter 382, Health and Safety Code, is amended
    7-1  by  adding Subchapter Z to read as follows:
    7-2                     SUBCHAPTER Z.  MISCELLANEOUS
    7-3        Sec. 382.901.  REGULATIONS AND METHODOLOGIES RELATING TO THE
    7-4  CONTROL AND ABATEMENT OF AIR POLLUTION WITHIN THE CORPORATE
    7-5  BOUNDARIES OR EXTRATERRITORIAL JURISDICTION OF A MUNICIPALITY.  (a)
    7-6  A municipality that establishes, enacts, or enforces a regulation
    7-7  or uses a methodology that relates to the control or abatement of
    7-8  air pollution within the corporate boundaries or the
    7-9  extraterritorial jurisdiction of a municipality shall apply and
   7-10  enforce the regulation or use the methodology uniformly within the
   7-11  corporate boundaries and the extraterritorial jurisdiction of the
   7-12  municipality to provide equal protection for all inhabitants of the
   7-13  municipality and its extraterritorial jurisdiction.
   7-14        (b)  The application of a regulation of the municipality that
   7-15  is in effect on September 1, 1993, and that relates to the control
   7-16  or abatement of air pollution within the corporate boundaries or
   7-17  the extraterritorial jurisdiction of a municipality and that does
   7-18  not apply by its terms to the entire area within the corporate
   7-19  boundaries and the extraterritorial jurisdiction of the
   7-20  municipality is extended to the entire area within the corporate
   7-21  boundaries and the extraterritorial jurisdiction of the
   7-22  municipality.
   7-23        (c)  A methodology of the municipality that is being used on
   7-24  September 1, 1993, and that relates to the control or abatement of
   7-25  air pollution within the corporate boundaries or the
   7-26  extraterritorial jurisdiction of a municipality is extended to the
   7-27  entire area within the corporate boundaries and the
    8-1  extraterritorial jurisdiction of the municipality.
    8-2        (d)  This section is limited by Section 382.113 and Sections
    8-3  481.141-481.143, Government Code, and does not apply to:
    8-4              (1)  an air quality regulation or methodology to the
    8-5  extent that the regulation or methodology is specifically required
    8-6  by federal law, rule, order, or permit conditions; or
    8-7              (2)  an air quality regulation or methodology of a
    8-8  municipality to the extent that the regulation or methodology is
    8-9  specifically required by state law, rule, order, or permit
   8-10  conditions.
   8-11        SECTION 5.  This Act takes effect September 1, 1993.
   8-12        SECTION 6.  The importance of this legislation and the
   8-13  crowded condition of the calendars in both houses create an
   8-14  emergency and an imperative public necessity that the
   8-15  constitutional rule requiring bills to be read on three several
   8-16  days in each house be suspended, and this rule is hereby suspended.