BILL ANALYSIS


                                                        H.B. 1826
                                              By: Jackson (Brown)
                                                Natural Resources
                                                         05-19-95
                                Senate Committee Report (Amended)
BACKGROUND

Currently, the Texas Natural Resource Conservation Commission is
required to review and approve all plans and specifications for
certain wastewater treatment or disposal systems before
construction of those systems can begin.  Some larger
municipalities already submit plans to a political subdivision and
have their own internal engineering staff.  This results in a
duplication of efforts at the state and local levels.

PURPOSE

As proposed, H.B. 1826 authorizes the Texas Natural Resource
Conservation Commission to set rules governing wastewater treatment
plans and specifications and review compliance to those standards
on a case-by-case basis.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Natural Resource Conservation Commission in SECTION 1
(Section 26.034(c), Water Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 26.034, Water Code, as follows:

     Sec. 26.034.  APPROVAL OF DISPOSAL SYSTEM PLANS.  (a) 
     Authorizes, rather than requires, the Texas Natural Resource
     Conservation Commission (TNRCC), on a case-by-case basis, to
     review and approve plans and specifications for treatment
     facilities, sewer systems, and disposal systems that
     transport, treat, or dispose of primary domestic wastes.
     
     (b)  Makes a nonsubstantive change.
       
       (c)  Requires TNRCC, by rule, to adopt standards to
       determine which plans and specifications TNRCC will review
       for approval.  Requires TNRCC, if TNRCC excludes certain
       plans and specifications from review and approval, to
       require that a registered professional engineer submit the
       plans to TNRCC and make a finding that the plans and
       specifications are in substantial compliance with TNRCC
       standards and that any deviation from those standards is
       based on the best professional judgment of the registered
       professional engineer.
       
       (d)  Prohibits TNRCC from requiring plans and specifications
       for a sewer system that transports primarily domestic waste
       to be submitted to TNRCC from a municipality under certain
       conditions.
       
       (e)  Requires TNRCC, if TNRCC finds that a municipality's
       review and approval process does not provide for substantial
       compliance with TNRCC standards, to require all plans and
       specifications reviewed by the municipality under Subsection
       (d) to be submitted to TNRCC for review and approval. 
       Deletes existing Subsection (c).
       
       (g)  Provides that a person who disposes of domestic waste
       through a disposal system approved pursuant to this section
       and who purchases water from a regulated water supply system
       or public water system through a master meter and who
       submeters the water pursuant to the laws of this state is
       not a "water supply system" or a "public water system."
       
SECTION 2. Emergency clause.
           Effective date: upon passage.