73R8763 E
          By Lewis, Delco, et al.                               H.B. No. 1307
          Substitute the following for H.B. No. 1307:
          By Saunders                                       C.S.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 shall <may> include <areas
   1-20  within> its extraterritorial jurisdiction.  The program shall apply
   1-21  identical water quality standards and use identical methodologies
   1-22  uniformly within the corporate boundaries and the extraterritorial
   1-23  jurisdiction of the city to provide equal protection for all
   1-24  inhabitants of the city and its extraterritorial jurisdiction
    2-1  <which in the judgment of the city should be included to enable the
    2-2  city to achieve the objectives of the city for the area within its
    2-3  territorial jurisdiction>.  The city shall include in the program
    2-4  <the services and functions which, in the judgment of the city or
    2-5  as may be reasonably required by the commission, will provide
    2-6  effective water pollution control and abatement for the city,
    2-7  including the following services and functions>:
    2-8              (1)  the development and maintenance of an inventory of
    2-9  all significant waste discharges into or adjacent to the water
   2-10  within the city and<, where the city so elects,> within the
   2-11  extraterritorial jurisdiction of the city, without regard to
   2-12  whether or not the discharges are authorized by the commission;
   2-13              (2)  the regular monitoring of all significant waste
   2-14  discharges included in the inventory prepared pursuant to
   2-15  Subdivision (1) of this subsection;
   2-16              (3)  the collecting of samples and the conducting of
   2-17  periodic inspections and tests of the waste discharges being
   2-18  monitored to determine whether the discharges are being conducted
   2-19  in compliance with this chapter and any applicable permits, orders,
   2-20  or rules of the commission, and whether they should be covered by a
   2-21  permit from the commission;
   2-22              (4)  in cooperation with the commission, a procedure
   2-23  for obtaining compliance by the waste dischargers being monitored,
   2-24  including where necessary the use of legal enforcement proceedings;
   2-25              (5)  the development and execution of reasonable and
   2-26  realistic plans applicable to all development for controlling and
   2-27  abating pollution or potential pollution resulting from generalized
    3-1  discharges of waste which are not traceable to a specific source,
    3-2  such as storm sewer discharges and urban runoff from rainwater; and
    3-3              (6)  any additional services, functions, or other
    3-4  requirements as may be prescribed by commission rule.
    3-5        (c)(1)  A city that establishes or enforces a water pollution
    3-6  control and abatement program or enacts or enforces an ordinance or
    3-7  regulation controlling or abating water pollution within the
    3-8  corporate boundaries or the extraterritorial jurisdiction of the
    3-9  city shall apply and enforce the provisions of the program,
   3-10  ordinance, or regulation uniformly within the corporate boundaries
   3-11  and the extraterritorial jurisdiction of the city to provide equal
   3-12  protection for all inhabitants of the city and its extraterritorial
   3-13  jurisdiction.
   3-14              (2)  Any water pollution control and abatement program
   3-15  or ordinance or regulation controlling or abating water pollution
   3-16  within the corporate boundaries or the extraterritorial
   3-17  jurisdiction of the city that is in effect on September 1, 1993,
   3-18  and that does not apply by its terms to the entire area within the
   3-19  corporate boundaries and the extraterritorial jurisdiction of the
   3-20  city is extended to the entire area within the corporate boundaries
   3-21  and the extraterritorial jurisdiction of the city.
   3-22        (d)  The water pollution control and abatement program
   3-23  required by Subsections (a) and (b) of this section must be
   3-24  submitted to the commission for review and approval.  The city may
   3-25  not implement or enforce the program before the commission has
   3-26  approved the program.  The commission shall <may> adopt rules
   3-27  providing the criteria for the establishment of those programs and
    4-1  the review and approval of those programs.
    4-2        (e) <(d)>  Any person affected by any ruling, order,
    4-3  decision, ordinance, program, resolution, or other act of a city
    4-4  relating to water pollution control and abatement outside the
    4-5  corporate limits of such city adopted pursuant to this section or
    4-6  any other statutory authorization may appeal such action to the
    4-7  commission or district court.  An appeal must be filed with the
    4-8  commission within 60 days of the enactment of the ruling, order,
    4-9  decision, ordinance, program, resolution, or act of the city.  The
   4-10  issue on appeal is whether the action or program is invalid,
   4-11  arbitrary, unreasonable, inefficient, or ineffective in its attempt
   4-12  to control water quality.  The commission or district court may
   4-13  overturn or modify the action of the city.  If an appeal is taken
   4-14  from a commission ruling, the commission ruling shall be in effect
   4-15  for all purposes until final disposition is made by a court of
   4-16  competent jurisdiction so as not to delay any permit approvals.
   4-17        (f) <(e)>  The commission shall adopt and assess reasonable
   4-18  and necessary fees adequate to recover the costs of the commission
   4-19  in administering this section.
   4-20        SECTION 2.  Chapter 26, Water Code, is amended by adding
   4-21  Subchapter Z to read as follows:
   4-22                     SUBCHAPTER Z.  MISCELLANEOUS
   4-23        Sec. 26.901.  WATER QUALITY STANDARDS AND METHODOLOGIES
   4-24  APPLICABLE TO RIVER BASINS WITHIN THE CORPORATE BOUNDARIES OR
   4-25  EXTRATERRITORIAL JURISDICTION OF A CITY.  (a)  The commission, a
   4-26  local government, or any other governmental agency or political
   4-27  subdivision of the state that establishes, enacts, or enforces a
    5-1  water quality standard or uses methodology that applies to a river
    5-2  basin within the corporate boundaries and the extraterritorial
    5-3  jurisdiction of a city shall apply and enforce the standard or use
    5-4  the methodology uniformly within the entire area of the river basin
    5-5  that is within the corporate boundaries and the extraterritorial
    5-6  jurisdiction of the city to provide equal protection for all
    5-7  inhabitants of the city and its extraterritorial jurisdiction
    5-8  within the river basin.
    5-9        (b)  The application of a water quality standard of the
   5-10  commission, a local government, or any other governmental agency or
   5-11  political subdivision of the state that is in effect on September
   5-12  1, 1993, and that applies to a river basin within the corporate
   5-13  boundaries and the extraterritorial jurisdiction of a city and that
   5-14  does not apply by its terms to the entire area of the river basin
   5-15  that is within the corporate boundaries and the extraterritorial
   5-16  jurisdiction of the city is extended to the entire area of the
   5-17  river basin that is within the corporate boundaries and the
   5-18  extraterritorial jurisdiction of the city.
   5-19        (c)  A water quality methodology of the commission,  a local
   5-20  government, or any other governmental agency or political
   5-21  subdivision of the state that is being used on September 1, 1993,
   5-22  for a river basin that is within the corporate boundaries and the
   5-23  extraterritorial jurisdiction of a city is extended to the entire
   5-24  area of the river basin that is within the corporate boundaries and
   5-25  the extraterritorial jurisdiction of the city.
   5-26        SECTION 3.  This Act takes effect September 1, 1993.
   5-27        SECTION 4.  The importance of this legislation and the
    6-1  crowded condition of the calendars in both houses create an
    6-2  emergency and an imperative public necessity that the
    6-3  constitutional rule requiring bills to be read on three several
    6-4  days in each house be suspended, and this rule is hereby suspended.