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.