By:  Krusee                                           H.B. No. 1794
       73R4269 MI-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to local regulation of water quality and impervious cover
    1-3  in certain municipalities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 401, Local Government Code,
    1-6  is amended by adding Section 401.004 to read as follows:
    1-7        Sec. 401.004.  REGULATION OF WATER QUALITY AND IMPERVIOUS
    1-8  COVER.  (a)  This section applies only to a municipality that:
    1-9              (1)  has a population of less than 30,000;
   1-10              (2)  is geographically located over the Northern
   1-11  Edwards Aquifer Recharge Zone as defined by the Texas Natural
   1-12  Resource Conservation Commission;
   1-13              (3)  has adopted by ordinance a comprehensive plan to
   1-14  guide community growth, development, and redevelopment;
   1-15              (4)  has established a municipal drainage utility
   1-16  system in accordance with Subchapter C, Chapter 402, of this code;
   1-17              (5)  has established by ordinance local regulations
   1-18  governing the maximum allowable amount of impervious coverage of
   1-19  land area according to the type of land use; and
   1-20              (6)  has adopted performance standards for water
   1-21  quality that meet or exceed the Lower Colorado River Authority Lake
   1-22  Travis Non-Point Source Pollution Control Ordinance adopted January
   1-23  1991, 2d Edition.
   1-24        (b)  A state agency may not administer or enforce in a
    2-1  municipality or in the extraterritorial jurisdiction of a
    2-2  municipality rules concerning water quality or impervious coverage
    2-3  that are more stringent than the agency's rules in effect on
    2-4  January 1, 1993.
    2-5        SECTION 2.  The importance of this legislation and the
    2-6  crowded condition of the calendars in both houses create an
    2-7  emergency and an imperative public necessity that the
    2-8  constitutional rule requiring bills to be read on three several
    2-9  days in each house be suspended, and this rule is hereby suspended,
   2-10  and that this Act take effect and be in force from and after its
   2-11  passage, and it is so enacted.