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.