73R7775 RWS-D
By Lewis, Delco, et al. H.B. No. 1305
Substitute the following for H.B. No. 1305:
By Saunders C.S.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) A home-rule municipality shall enforce uniformly within
1-15 the corporate boundaries and the extraterritorial jurisdiction of
1-16 the municipality all provisions of all ordinances and regulations
1-17 relating to the control or abatement of air or water pollution that
1-18 it adopts to provide equal protection for all inhabitants of the
1-19 municipality and its extraterritorial jurisdiction.
1-20 (c) The application of an ordinance or regulation of a
1-21 home-rule municipality that is in effect on September 1, 1993, that
1-22 relates to the control or abatement of air or water pollution and
1-23 that does not apply by its terms to the entire area within the
1-24 corporate boundaries of the municipality and the area within the
2-1 extraterritorial jurisdiction of the municipality is extended to
2-2 the entire area within the corporate boundaries and
2-3 extraterritorial jurisdiction of the municipality.
2-4 SECTION 2. Section 401.002, Local Government Code, is
2-5 amended to read as follows:
2-6 Sec. 401.002. PROTECTION OF STREAMS AND WATERSHEDS BY
2-7 HOME-RULE MUNICIPALITY. (a) A home-rule municipality may prohibit
2-8 the pollution of and may police a stream, drain, or tributary that
2-9 may constitute the source of water supply of any municipality.
2-10 (b) A home-rule municipality that adopts water quality
2-11 standards and methodologies under this section shall apply
2-12 identical water quality standards and use identical methodologies
2-13 uniformly for each stream, drain, or tributary that may constitute
2-14 the source of water supply of any municipality <may provide for the
2-15 protection of and may police any watersheds>.
2-16 (c) Any exercise of <The> authority granted by this section
2-17 shall encompass the entire area within the corporate boundaries and
2-18 the extraterritorial jurisdiction of the municipality. Any
2-19 ordinance, regulation, or program adopted under this section shall
2-20 apply identical water quality standards and use identical
2-21 methodologies uniformly within the corporate boundaries and the
2-22 extraterritorial jurisdiction of the municipality to provide equal
2-23 protection for all inhabitants of the municipality and its
2-24 extraterritorial jurisdiction <may be exercised inside or outside
2-25 the municipality's boundaries>.
2-26 (d) The application of a water quality standard of a
2-27 home-rule municipality adopted under this section that is in effect
3-1 on September 1, 1993, and that does not apply by its terms to the
3-2 entire area within the corporate boundaries and the
3-3 extraterritorial jurisdiction of the municipality is extended to
3-4 the entire area within the corporate boundaries and the
3-5 extraterritorial jurisdiction of the municipality.
3-6 (e) A water quality methodology of a home-rule municipality
3-7 adopted under this section that is being used on September 1, 1993,
3-8 is extended to the entire area within the corporate boundaries and
3-9 the extraterritorial jurisdiction of the municipality.
3-10 SECTION 3. Chapter 26, Water Code, is amended by adding
3-11 Subchapter Z to read as follows:
3-12 SUBCHAPTER Z. MISCELLANEOUS
3-13 Sec. 26.901. STANDARDS AND METHODOLOGIES RELATING TO THE
3-14 CONTROL AND ABATEMENT OF WATER POLLUTION WITHIN THE CORPORATE
3-15 BOUNDARIES OR EXTRATERRITORIAL JURISDICTION OF A CITY. (a) The
3-16 commission, a local government, or any other governmental agency or
3-17 political subdivision of the state that establishes, enacts, or
3-18 enforces a standard or uses a methodology that relates to the
3-19 control or abatement of water pollution within the corporate
3-20 boundaries or the extraterritorial jurisdiction of a city shall
3-21 apply and enforce the standard or use the methodology uniformly
3-22 within the corporate boundaries and the extraterritorial
3-23 jurisdiction of the city to provide equal protection for all
3-24 inhabitants of the city and its extraterritorial jurisdiction.
3-25 (b) The application of a standard of the commission, a local
3-26 government, or any other governmental agency or political
3-27 subdivision of the state that is in effect on September 1, 1993,
4-1 and that relates to the control or abatement of water pollution
4-2 within the corporate boundaries or the extraterritorial
4-3 jurisdiction of a city and that does not apply by its terms to the
4-4 entire area within the corporate boundaries and the
4-5 extraterritorial jurisdiction of the city is extended to the entire
4-6 area within the corporate boundaries and the extraterritorial
4-7 jurisdiction of the city.
4-8 (c) A methodology of the commission, a local government, or
4-9 any other governmental agency or political subdivision of the state
4-10 that is being used on September 1, 1993, and that relates to the
4-11 control or abatement of water pollution within the corporate
4-12 boundaries or the extraterritorial jurisdiction of a city is
4-13 extended to the entire area within the corporate boundaries and the
4-14 extraterritorial jurisdiction of the city.
4-15 SECTION 4. Chapter 382, Health and Safety Code, is amended
4-16 by adding Subchapter Z to read as follows:
4-17 SUBCHAPTER Z. MISCELLANEOUS
4-18 Sec. 382.901. STANDARDS AND METHODOLOGIES RELATING TO THE
4-19 CONTROL AND ABATEMENT OF AIR POLLUTION WITHIN THE CORPORATE
4-20 BOUNDARIES OR EXTRATERRITORIAL JURISDICTION OF A MUNICIPALITY. (a)
4-21 The board, a local government, or any other governmental agency or
4-22 political subdivision of the state that establishes, enacts, or
4-23 enforces a standard or uses a methodology that relates to the
4-24 control or abatement of air pollution within the corporate
4-25 boundaries or the extraterritorial jurisdiction of a municipality
4-26 shall apply and enforce the standard or use the methodology
4-27 uniformly within the corporate boundaries and the extraterritorial
5-1 jurisdiction of the municipality to provide equal protection for
5-2 all inhabitants of the municipality and its extraterritorial
5-3 jurisdiction.
5-4 (b) The application of a standard of the commission, a local
5-5 government, or any other governmental agency or political
5-6 subdivision of the state that is in effect on September 1, 1993,
5-7 and that relates to the control or abatement of air pollution
5-8 within the corporate boundaries or the extraterritorial
5-9 jurisdiction of a municipality and that does not apply by its terms
5-10 to the entire area within the corporate boundaries and the
5-11 extraterritorial jurisdiction of the municipality is extended to
5-12 the entire area within the corporate boundaries and the
5-13 extraterritorial jurisdiction of the municipality.
5-14 (c) A methodology of the commission, a local government, or
5-15 any other governmental agency or political subdivision of the state
5-16 that is being used on September 1, 1993, and that relates to the
5-17 control or abatement of air pollution within the corporate
5-18 boundaries or the extraterritorial jurisdiction of a municipality
5-19 is extended to the entire area within the corporate boundaries and
5-20 the extraterritorial jurisdiction of the municipality.
5-21 SECTION 5. This Act takes effect September 1, 1993.
5-22 SECTION 6. The importance of this legislation and the
5-23 crowded condition of the calendars in both houses create an
5-24 emergency and an imperative public necessity that the
5-25 constitutional rule requiring bills to be read on three several
5-26 days in each house be suspended, and this rule is hereby suspended.