BILL ANALYSIS


                                                        H.B. 2843
                                            By: Lewis, R. (Brown)
                                                Natural Resources
                                                          5-17-95
                                Senate Committee Report (Amended)
BACKGROUND

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

PURPOSE

As proposed, H.B. 2843 makes state requirements for water pollution
control conform with federal regulations, except when the
commission makes a finding that the federal regulations are
substantially inadequate to protect the environment.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Natural Resource Conservation Commission under SECTION
1 (Section 5.103(g), Water Code) and SECTION 2(a) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 5.103, Water Code, by adding Subsections
(d)-(g), as follows:

     (d) Prohibits the Texas Natural Resource Conservation
     Commission (commission) from adopting a new rule or amending
     an existing rule under Subsection (a) that as adopted or
     amended will be more stringent than federal regulation of the
     same matter, unless there is no applicable federal regulation,
     the more stringent rule or amendment is necessary to address
     an environmental condition unique to this state, or the
     applicable federal regulation is substantially inadequate to
     provide necessary protection for the environment of this
     state.
     
     (e) Requires the commission, if the commission proposes to
     adopt a new rule or amend an existing rule that will be more
     stringent than a federal regulation that governs the same
     matter, to publish with the proposed rule or amendment a
     detailed statement of the grounds for the commission's
     determination that the more stringent state rule is necessary,
     appropriate, and authorized by Subsection (d).
     
     (f) Prohibits the commission from adopting any rule pertaining
     to a water system that serves 50 or fewer connections except
     to comply with federal requirements or to protect the public
     health.
     
     (g) Requires the commission to adopt rules that prohibit the
     executive director from initiating or pursuing an
     administrative enforcement action or referring a matter to the
     office of the attorney general for the initiation or pursuit
     of an enforcement action that seeks assessment of any civil or
     criminal penalty if the U.S. Environmental Protection Agency
     would be barred from initiating the action under 23 U.S.C.
     Sec. 2462.
     
     SECTION 2.     (a) Requires the commission, not later than the 180th
day after the effective date of this Act, by rule, to adopt an
order that lists certain commission rules in effect on September 1,
1995, and includes for each rule listed the detailed statement
described by Section 5.103(e), Water Code.

     (b) Provides that Sections 2001.024(4) and (5), Government
     Code, do not apply to notice for the rule required to be
     adopted by Subsection (a) of this section.
     
     (c) Provides that a commission rule in effect on September 1,
     1995, is more stringent than federal regulation of the same
     matter, and is not listed in the order required by Subsection
     (a) of this section, expires on the date the final rule
     adopting the order takes effect.
     
     SECTION 3.     Effective date: September 1, 1995.

SECTION 4. Emergency clause.