By:  Sims                                              S.B. No. 502
       73R5773 CAS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain powers and duties of the State Soil and Water
    1-3  Conservation Board.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 26.0135(a), (c), (d), and (h), Water
    1-6  Code, are amended to read as follows:
    1-7        (a)  The commission shall ensure the comprehensive regional
    1-8  assessment of water quality in each watershed and river basin of
    1-9  the state.  An assessment involving agricultural or silvicultural
   1-10  nonpoint source pollution shall be coordinated with local soil and
   1-11  water conservation districts and the State Soil and Water
   1-12  Conservation Board through the state board.  In order to conserve
   1-13  public funds and avoid duplication of effort, river authorities
   1-14  shall, to the greatest extent possible and under the supervision of
   1-15  the commission, conduct regional assessments of their own
   1-16  watersheds.  The commission, either directly or through cooperative
   1-17  agreements and contracts with local governments, shall conduct
   1-18  regional assessments of watersheds where a river authority is
   1-19  unable to perform an adequate assessment of its own watershed.  The
   1-20  assessment must include a review of wastewater discharges, nonpoint
   1-21  source pollution, nutrient loading, toxic materials, biological
   1-22  health of aquatic life, public education and involvement in water
   1-23  quality issues, local and regional pollution prevention efforts,
   1-24  and other factors that affect water quality within the watershed.
    2-1  The assessment shall also review any significant regulatory or
    2-2  enforcement issues affecting the watershed.  The assessment
    2-3  required by this section is a continuing duty, and the assessment
    2-4  shall be revised as necessary to show changes in the factors
    2-5  subject to assessment.
    2-6        (c)  The purpose of the assessment required by this section
    2-7  is not to mandate exhaustive and detailed water quality studies,
    2-8  but rather to identify significant issues affecting water quality
    2-9  within each watershed and river basin of the state and to provide
   2-10  sufficient information for the commission, the State Soil and Water
   2-11  Conservation Board, river authorities, and other governmental
   2-12  bodies to take appropriate corrective action necessary to maintain
   2-13  and improve the quality of the state's water resources.  The
   2-14  commission shall establish by rule the level of detail required for
   2-15  each watershed and river basin assessment.
   2-16        (d)  On or before October 1 of each even-numbered year, each
   2-17  river authority shall report in writing to the governor,
   2-18  commission, State Soil and Water Conservation Board, and Parks and
   2-19  Wildlife Department on the water quality assessment of the
   2-20  authority's watershed, including an identification of any
   2-21  significant regulatory or enforcement issues, and on any actions
   2-22  taken by the authority and other local governments to improve water
   2-23  quality within the authority's watershed.  The assessment report
   2-24  must identify each legal, administrative, economic, or other
   2-25  impediment to further water quality efforts by the authority and
   2-26  local governments.  The commission shall then prepare a report that
   2-27  summarizes each river authority's assessment report, describes the
    3-1  commission's regional water quality assessment efforts, and lists
    3-2  the commission's past and proposed actions for improving water
    3-3  quality within the watersheds subject to such assessments.  The
    3-4  commission shall submit its report, along with the commission's
    3-5  comments and recommendations on regional water quality management,
    3-6  to the governor, the lieutenant governor, and the speaker of the
    3-7  house of representatives on or before December 1 of each
    3-8  even-numbered year.
    3-9        (h)  The Texas Water Commission shall apportion, assess, and
   3-10  recover the reasonable costs of administering water quality
   3-11  management programs under this section from all users of water and
   3-12  wastewater permit holders in the watershed according to the records
   3-13  of the commission generally in proportion to their right, through
   3-14  permit or contract, to use water from and discharge wastewater in
   3-15  the watershed.  The commission shall reimburse the State Soil and
   3-16  Water Conservation Board for the state board's costs of
   3-17  administering water quality management programs under this section
   3-18  that are the board's responsibility under this chapter or Section
   3-19  201.026, Agriculture Code.  The cost to river authorities and
   3-20  others to conduct regional water quality assessment shall be
   3-21  subject to prior review and approval by the commission as to
   3-22  methods of allocation and total amount to be recovered.  The
   3-23  commission shall adopt rules to supervise and implement the water
   3-24  quality assessment and associated costs.  The rules shall ensure
   3-25  that water users and wastewater dischargers do not pay excessive
   3-26  amounts, that a river authority may recover no more than the actual
   3-27  costs of administering the water quality management programs called
    4-1  for in this section, and that no municipality shall be assessed
    4-2  cost for any efforts that duplicate water quality management
    4-3  activities described in Section 26.177 of this chapter.
    4-4        SECTION 2.  Section 26.0136, Water Code, is amended to read
    4-5  as follows:
    4-6        Sec. 26.0136.  Regional Water Quality Implementation.  The
    4-7  commission is the agency with primary responsibility for
    4-8  implementation of regional water quality management functions,
    4-9  including enforcement actions, within the state.  The commission by
   4-10  rule shall coordinate the water quality responsibilities of river
   4-11  authorities within each watershed and shall, where appropriate,
   4-12  delegate water quality functions to local governments under Section
   4-13  26.175 of this code.  The State Soil and Water Conservation Board
   4-14  shall coordinate and administer all programs for abating
   4-15  agricultural or silvicultural nonpoint source pollution, as
   4-16  provided by Section 201.026, Agriculture Code.  Nothing in this
   4-17  section is intended to enlarge, diminish, or supersede the water
   4-18  quality powers, including enforcement authority, authorized by law
   4-19  for river authorities, the State Soil and Water Conservation Board,
   4-20  and local governments.  For purposes of this section, river
   4-21  authority shall have the same meaning as that contained in Section
   4-22  26.0135(i) of this code.
   4-23        SECTION 3.  Section 26.121(a), Water Code (effective until
   4-24  delegation of NPDES permit authority to the Texas Natural Resource
   4-25  Conservation Commission), is amended to read as follows:
   4-26        (a)  Except as authorized by a rule, permit, or order issued
   4-27  by the commission, no person may:
    5-1              (1)  discharge sewage, municipal waste, recreational
    5-2  waste, agricultural waste, or industrial waste into or adjacent to
    5-3  any water in the state;
    5-4              (2)  discharge other waste into or adjacent to any
    5-5  water in the state which in itself or in conjunction with any other
    5-6  discharge or activity causes, continues to cause, or will cause
    5-7  pollution of any of the water in the state, unless the discharge is
    5-8  under the State Soil and Water Conservation Board's jurisdiction,
    5-9  as provided by Section 201.026, Agriculture Code; or
   5-10              (3)  commit any other act or engage in any other
   5-11  activity which in itself or in conjunction with any other discharge
   5-12  or activity causes, continues to cause, or will cause pollution of
   5-13  any of the water in the state, unless the activity is under the
   5-14  jurisdiction of the Parks and Wildlife Department, the General Land
   5-15  Office, the State Soil and Water Conservation Board, or the
   5-16  Railroad Commission of Texas, in which case this subdivision does
   5-17  not apply.
   5-18        SECTION 4.  Section 26.121(a), Water Code (effective upon
   5-19  delegation of NPDES permit authority to the Texas Natural Resource
   5-20  Conservation Commission), is amended to read as follows:
   5-21        (a)  Except as authorized by the commission, no person may:
   5-22              (1)  discharge sewage, municipal waste, recreational
   5-23  waste, agricultural waste, or industrial waste into or adjacent to
   5-24  any water in the state;
   5-25              (2)  discharge other waste into or adjacent to any
   5-26  water in the state which in itself or in conjunction with any other
   5-27  discharge or activity causes, continues to cause, or will cause
    6-1  pollution of any of the water in the state, unless the discharge is
    6-2  under the State Soil and Water Conservation Board's jurisdiction,
    6-3  as provided by Section 201.026, Agriculture Code; or
    6-4              (3)  commit any other act or engage in any other
    6-5  activity which in itself or in conjunction with any other discharge
    6-6  or activity causes, continues to cause, or will cause pollution of
    6-7  any of the water in the state, unless the activity is under the
    6-8  jurisdiction of the Parks and Wildlife Department, the General Land
    6-9  Office, the State Soil and Water Conservation Board, or the
   6-10  Railroad Commission of Texas, in which case this subdivision does
   6-11  not apply.
   6-12        SECTION 5.  Subchapter D, Chapter 26, Water Code, is amended
   6-13  by adding Section 26.1311 to read as follows:
   6-14        Sec. 26.1311.  DUTY OF STATE SOIL AND WATER CONSERVATION
   6-15  BOARD.  The State Soil and Water Conservation Board and its
   6-16  authorized agents are responsible for the control, abatement, and
   6-17  prevention of pollution of surface and subsurface water resulting
   6-18  from agricultural or silvicultural nonpoint source pollution, as
   6-19  provided by Section 201.026, Agriculture Code.
   6-20        SECTION 6.  This Act takes effect September 1, 1993.
   6-21        SECTION 7.  The importance of this legislation and the
   6-22  crowded condition of the calendars in both houses create an
   6-23  emergency and an imperative public necessity that the
   6-24  constitutional rule requiring bills to be read on three several
   6-25  days in each house be suspended, and this rule is hereby suspended.