BILL ANALYSIS



H.B. 2843
By: R.Lewis
4-3-95
Committee Report (Amended)


BACKGROUND
Water pollution control in Texas is a federally delegated
regulatory function administered by the Texas Resource Conservation
Commission.  Federal requirements must be met in the state
regulations adopted by TNRCC.  TNRCC has proposed rules in the past
that exceed federal requirements in this state administered federal
program.

PURPOSE
To assure consistency in federal and state regulations, eliminating
unnecessary burdens on permitted activities in Texas, except when
TNRCC makes a finding that the federal regulations are
substantially inadequate to protect the state environment.

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS
Section 1.  Amends Section 5.103 of the Water Code by adding
subsections (d) and (e) as follows:
(d) Prohibits the TNRCC from adopting or amending a rule which is
more stringent than federal regulations unless are no federal
regulations applicable, the more stringent rule is necessary to
address a unique state situation, or the federal regulation is
substantially inadequate to ensure necessary environmental
protection;
(e) Requires the TNRCC to publish a detailed statement for the
grounds for any proposed state rule which is more stringent than
federal regulations.

Section 2. (a) Requires the TNRCC to list all TNRCC rules in effect
September 1, 1995 which are more stringent than federal
regulations, that meet an exception, including the detailed
statement under 5.103(d) as added by this bill.  (b) Exempts the
requirements of Sections 2001.024(4) and (5), Government Code for
notice for the rule required to be adopted by subsection (a) of
this section.  (c) Provides that any TNRCC rule in effect, which is
more stringent than federal regulation dealing with the same matter
and which is not listed in the order required by subsection (a)
expires on the date the final rule adopting the order takes effect.

Section 3.  Effective date.

Section 4.  Emergency clause.


EXPLANATION OF AMENDMENTS
At Section 2(a)(2), page 2, line 10, changes the words "Section
5.103(d)" to "Section 5.103(e)".

SUMMARY OF COMMITTEE ACTION
H.B.2843 was considered by the committee in a public hearing on
April 3, 1995.
The following persons testified in favor of the bill:  
     Mr. Ronald E. Hudson, representing City of Houston;
     Mr. Monte Akers, representing the Texas Municipal League;
     Mr. Bill Powers, representing Texas Farm Bureau; 
     Mr. Jack Fickessen, representing Texas Water Partnership.
The following persons testified against the bill:  None (0).
The following persons testified on the bill:  None (0).

The committee considered one (1) amendment to the bill.  The
amendment was adopted without objection.
The bill was reported favorably as amended, with the recommendation
that it do pass and be printed, by a record vote of 7 ayes, 0 nays,
0 pnv, and 2 absent.