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.