By: Lewis H.B. No. 1307
73R2728 RWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of and the areas subject to city
1-3 water pollution control programs and ordinances.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 26.177, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 26.177. Water Pollution Control Duties of Cities.
1-8 (a) Every city in this state having a population of 5,000 or more
1-9 inhabitants shall, and any city of this state may, establish a
1-10 water pollution control and abatement program for the city. The
1-11 city shall employ or retain an adequate number of personnel on
1-12 either a part-time or full-time basis as the needs and
1-13 circumstances of the city may require, who by virtue of their
1-14 training or experience are qualified to perform the water pollution
1-15 control and abatement functions required to enable the city to
1-16 carry out its duties and responsibilities under this section.
1-17 (b) The water pollution control and abatement program of a
1-18 city shall encompass the entire city and shall <may> include <areas
1-19 within> its extraterritorial jurisdiction <which in the judgment of
1-20 the city should be included to enable the city to achieve the
1-21 objectives of the city for the area within its territorial
1-22 jurisdiction>. The city shall include in the program the services
1-23 and functions which, in the judgment of the city or as may be
1-24 reasonably required by the commission, will provide effective water
2-1 pollution control and abatement for the city, including the
2-2 following services and functions:
2-3 (1) the development and maintenance of an inventory of
2-4 all significant waste discharges into or adjacent to the water
2-5 within the city and, where the city so elects, within the
2-6 extraterritorial jurisdiction of the city, without regard to
2-7 whether or not the discharges are authorized by the commission;
2-8 (2) the regular monitoring of all significant waste
2-9 discharges included in the inventory prepared pursuant to
2-10 Subdivision (1) of this subsection;
2-11 (3) the collecting of samples and the conducting of
2-12 periodic inspections and tests of the waste discharges being
2-13 monitored to determine whether the discharges are being conducted
2-14 in compliance with this chapter and any applicable permits, orders,
2-15 or rules of the commission, and whether they should be covered by a
2-16 permit from the commission;
2-17 (4) in cooperation with the commission, a procedure
2-18 for obtaining compliance by the waste dischargers being monitored,
2-19 including where necessary the use of legal enforcement proceedings;
2-20 (5) the development and execution of reasonable and
2-21 realistic plans for controlling and abating pollution or potential
2-22 pollution resulting from generalized discharges of waste which are
2-23 not traceable to a specific source, such as storm sewer discharges
2-24 and urban runoff from rainwater; and
2-25 (6) any additional services, functions, or other
2-26 requirements as may be prescribed by commission rule.
2-27 (c)(1) A city that establishes or enforces a water pollution
3-1 control and abatement program or enacts or enforces an ordinance
3-2 controlling or abating water pollution within the corporate
3-3 boundaries of the city or the extraterritorial jurisdiction of the
3-4 city shall apply or enforce the most restrictive provisions of the
3-5 program or ordinance uniformly within the corporate boundaries of
3-6 the city and the extraterritorial jurisdiction of the city to
3-7 provide equal protection for all residents of the city and its
3-8 extraterritorial jurisdiction.
3-9 (2) The application of the most restrictive provisions
3-10 of a water pollution control and abatement program or an ordinance
3-11 controlling or abating water pollution within the corporate
3-12 boundaries of the city or the extraterritorial jurisdiction of the
3-13 city that are in effect on September 1, 1993, and that do not apply
3-14 by their terms to the entire area within the corporate boundaries
3-15 of the city and the extraterritorial jurisdiction of the city are
3-16 extended to the entire area within the corporate boundaries of the
3-17 city and the extraterritorial jurisdiction of the city.
3-18 (d) The water pollution control and abatement program
3-19 required by Subsections (a) and (b) of this section must be
3-20 submitted to the commission for review and approval. The
3-21 commission may adopt rules providing the criteria for the
3-22 establishment of those programs and the review and approval of
3-23 those programs.
3-24 (e) <(d)> Any person affected by any ruling, order,
3-25 decision, ordinance, program, resolution, or other act of a city
3-26 relating to water pollution control and abatement outside the
3-27 corporate limits of such city adopted pursuant to this section or
4-1 any other statutory authorization may appeal such action to the
4-2 commission or district court. An appeal must be filed with the
4-3 commission within 60 days of the enactment of the ruling, order,
4-4 decision, ordinance, program, resolution, or act of the city. The
4-5 issue on appeal is whether the action or program is invalid,
4-6 arbitrary, unreasonable, inefficient, or ineffective in its attempt
4-7 to control water quality. The commission or district court may
4-8 overturn or modify the action of the city. If an appeal is taken
4-9 from a commission ruling, the commission ruling shall be in effect
4-10 for all purposes until final disposition is made by a court of
4-11 competent jurisdiction so as not to delay any permit approvals.
4-12 (f) <(e)> The commission shall adopt and assess reasonable
4-13 and necessary fees adequate to recover the costs of the commission
4-14 in administering this section.
4-15 SECTION 2. This Act takes effect September 1, 1993.
4-16 SECTION 3. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.