By Lewis, Delco, et al. H.B. No. 1307
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of water quality within the corporate
1-3 boundaries and extraterritorial jurisdiction of certain
1-4 municipalities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 26.177, Water Code, is amended to read as
1-7 follows:
1-8 Sec. 26.177. Water Pollution Control Duties of Cities.
1-9 (a) Every city in this state having a population of 5,000 or more
1-10 inhabitants shall, and any city of this state may, establish a
1-11 water pollution control and abatement program for the city. The
1-12 city shall employ or retain an adequate number of personnel on
1-13 either a part-time or full-time basis as the needs and
1-14 circumstances of the city may require, who by virtue of their
1-15 training or experience are qualified to perform the water pollution
1-16 control and abatement functions required to enable the city to
1-17 carry out its duties and responsibilities under this section.
1-18 (b) The water pollution control and abatement program of a
1-19 city shall encompass the entire city and may include all <areas
1-20 within> its extraterritorial jurisdiction. The program shall,
1-21 subject to Section 26.901 and Section 401.002, Local Government
1-22 Code, apply identical water quality standards and use identical
1-23 methodologies uniformly within the corporate boundaries and the
1-24 extraterritorial jurisdiction of the city to provide equal
2-1 protection for all inhabitants of the city and its extraterritorial
2-2 jurisdiction <which in the judgment of the city should be included
2-3 to enable the city to achieve the objectives of the city for the
2-4 area within its territorial jurisdiction>. The city shall include
2-5 in the program <the services and functions which, in the judgment
2-6 of the city or as may be reasonably required by the commission,
2-7 will provide effective water pollution control and abatement for
2-8 the city, including the following services and functions>:
2-9 (1) the development and maintenance of an inventory of
2-10 all significant waste discharges into or adjacent to the water
2-11 within the city and<, where the city so elects,> within the
2-12 extraterritorial jurisdiction of the city, without regard to
2-13 whether or not the discharges are authorized by the commission;
2-14 (2) the regular monitoring of all significant waste
2-15 discharges included in the inventory prepared pursuant to
2-16 Subdivision (1) of this subsection;
2-17 (3) the collecting of samples and the conducting of
2-18 periodic inspections and tests of the waste discharges being
2-19 monitored to determine whether the discharges are being conducted
2-20 in compliance with this chapter and any applicable permits, orders,
2-21 or rules of the commission, and whether they should be covered by a
2-22 permit from the commission;
2-23 (4) in cooperation with the commission, a procedure
2-24 for obtaining compliance by the waste dischargers being monitored,
2-25 including where necessary the use of legal enforcement proceedings;
2-26 (5) the development and execution of reasonable and
2-27 realistic plans applicable to all development for controlling and
3-1 abating pollution or potential pollution resulting from generalized
3-2 discharges of waste which are not traceable to a specific source,
3-3 such as storm sewer discharges and urban runoff from rainwater; and
3-4 (6) any additional services, functions, or other
3-5 requirements as may be prescribed by commission rule.
3-6 (c)(1) A city that establishes or enforces a water pollution
3-7 control and abatement program or enacts or enforces an ordinance or
3-8 regulation controlling or abating water pollution within the
3-9 corporate boundaries or the extraterritorial jurisdiction of the
3-10 city shall, subject to Subsection (b), apply and enforce the
3-11 provisions of the program, ordinance, or regulation uniformly
3-12 within the corporate boundaries and the extraterritorial
3-13 jurisdiction of the city to provide equal protection for all
3-14 inhabitants of the city and its extraterritorial jurisdiction.
3-15 (2) The application of any water pollution control and
3-16 abatement program or ordinance or regulation controlling or abating
3-17 water pollution within the corporate boundaries or the
3-18 extraterritorial jurisdiction of the city that is in effect on
3-19 September 1, 1993, and that does not apply by its terms to the
3-20 entire area within the corporate boundaries and the
3-21 extraterritorial jurisdiction of the city is, subject to Subsection
3-22 (b), extended to the entire area within the corporate boundaries
3-23 and the extraterritorial jurisdiction of the city.
3-24 (d) The water pollution control and abatement program
3-25 required by Subsections (a) and (b) of this section must be
3-26 submitted to the commission for review and approval. The
3-27 commission may adopt rules providing for submittal dates for the
4-1 programs, and the commission shall adopt rules providing the
4-2 criteria for the content, <establishment of those programs and the>
4-3 review, and approval of a program submitted by a city that
4-4 establishes a program <those programs>.
4-5 (e) <(d)> Any person affected by any ruling, order,
4-6 decision, ordinance, program, resolution, or other act of a city
4-7 relating to water pollution control and abatement within the city
4-8 or its extraterritorial jurisdiction <outside the corporate limits
4-9 of such city> adopted pursuant to this section or any other
4-10 statutory authorization may appeal such action to the commission or
4-11 district court. An appeal must be filed with the commission within
4-12 60 days of the enactment of the ruling, order, decision, ordinance,
4-13 program, resolution, or act of the city. The issue on appeal is
4-14 whether the action or program is invalid, arbitrary, unreasonable,
4-15 inefficient, or ineffective in its attempt to control water
4-16 quality. The commission or district court may overturn or modify
4-17 the action of the city. If an appeal is taken from a commission
4-18 ruling, the commission ruling shall be in effect for all purposes
4-19 until final disposition is made by a court of competent
4-20 jurisdiction so as not to delay any permit approvals.
4-21 (f) <(e)> The commission shall adopt and assess reasonable
4-22 and necessary fees adequate to recover the costs of the commission
4-23 in administering this section.
4-24 (g) This section does not apply to any rule, order,
4-25 decision, ordinance, program, resolution, or other act of a city to
4-26 the extent that the rule, order, decision, ordinance, program,
4-27 resolution, or other act is specifically required by federal or
5-1 state law, rule, order, or permit conditions.
5-2 SECTION 2. Chapter 26, Water Code, is amended by adding
5-3 Subchapter Z to read as follows:
5-4 SUBCHAPTER Z. MISCELLANEOUS
5-5 Sec. 26.901. WATER QUALITY STANDARDS AND METHODOLOGIES
5-6 APPLICABLE TO RIVER BASINS WITHIN THE CORPORATE BOUNDARIES OR
5-7 EXTRATERRITORIAL JURISDICTION OF A CITY. (a) The commission, a
5-8 local government, or any other governmental agency or political
5-9 subdivision of the state that establishes, enacts, or enforces a
5-10 water quality standard or uses a methodology that relates to the
5-11 control or abatement of water pollution and applies to a river
5-12 basin within the corporate boundaries and the extraterritorial
5-13 jurisdiction of a city shall, subject to the other provisions of
5-14 this section and Section 401.002, Local Government Code, apply and
5-15 enforce the standard or use the methodology uniformly within the
5-16 entire area of the river basin that is within the corporate
5-17 boundaries and the extraterritorial jurisdiction of the city to
5-18 provide equal protection for all inhabitants of the city and its
5-19 extraterritorial jurisdiction within the river basin.
5-20 (b) Subject to Subsection (a), the application of a water
5-21 quality standard of the commission, a local government, or any
5-22 other governmental agency or political subdivision of the state
5-23 that is in effect on September 1, 1993, and that relates to the
5-24 control or abatement of water pollution and applies to a river
5-25 basin within the corporate boundaries and the extraterritorial
5-26 jurisdiction of a city and that does not apply by its terms to the
5-27 entire area of the river basin that is within the corporate
6-1 boundaries and the extraterritorial jurisdiction of the city is
6-2 extended to the entire area of the river basin that is within the
6-3 corporate boundaries and the extraterritorial jurisdiction of the
6-4 city.
6-5 (c) Subject to Subsection (a), a water quality methodology
6-6 of the commission, a local government, or any other governmental
6-7 agency or political subdivision of the state that is being used on
6-8 September 1, 1993, for a river basin that is within the corporate
6-9 boundaries and the extraterritorial jurisdiction of a city is
6-10 extended to the entire area of the river basin that is within the
6-11 corporate boundaries and the extraterritorial jurisdiction of the
6-12 city.
6-13 (d) The commission, a local government, or any other
6-14 governmental agency or political subdivision of the state may
6-15 authorize:
6-16 (1) the use of differing water quality standards for
6-17 residential, commercial, and industrial land use categories if the
6-18 standard for each category is identical and uniformly applied; and
6-19 (2) the use of differing methodologies if the
6-20 methodologies employed will result in achievement of the water
6-21 quality standard for the applicable land use category of
6-22 residential, commercial, or industrial.
6-23 (e) To use differing methodologies, the commission, local
6-24 government, or other governmental agency or political subdivision
6-25 shall establish and administer a program of regular monitoring to
6-26 demonstrate that the methodologies result in compliance with the
6-27 water quality standard for the applicable land use category of
7-1 residential, commercial, or industrial. The program must be
7-2 submitted to and approved by the commission before the use of
7-3 differing methodologies, and monthly monitoring reports shall be
7-4 filed with the commission. If the monitoring reports indicate that
7-5 the differing methodologies are not achieving the applicable water
7-6 quality standard for more than six months during any calendar year,
7-7 the differing methodologies may no longer be used and the
7-8 governmental entity using the methodologies shall use only
7-9 identical methodologies for each land use category.
7-10 (f) This section does not apply to:
7-11 (1) a water quality standard or methodology to the
7-12 extent that the standard or methodology is specifically required by
7-13 federal law, rule, order, or permit conditions; or
7-14 (2) a water quality standard or methodology of a city
7-15 to the extent that the standard or methodology is specifically
7-16 required by state law, rule, order, or permit conditions.
7-17 SECTION 3. The importance of this legislation and the
7-18 crowded condition of the calendars in both houses create an
7-19 emergency and an imperative public necessity that the
7-20 constitutional rule requiring bills to be read on three several
7-21 days in each house be suspended, and this rule is hereby suspended.