BILL ANALYSIS


                                                     C.S.S.B. 298
                                                      By: Ratliff
                                                Natural Resources
                                                         02-22-95
                                   Committee Report (Substituted)
BACKGROUND

Currently, the Texas surface water quality standards list five
subcategories for aquatic life use in streams: limited,
intermediate, high, and exceptional aquatic life and oyster waters. 
The water quality standards for each aquatic life use subcategory
range from 3.0/2.0 mg/L for limited quality to 6.0/4.0 mg/L for
exceptional quality.  Under current standards, the Texas Natural
Resource Conservation Commission has presumed that all perennial
unclassified streams have a high aquatic life use and a dissolved
oxygen criteria of 5.0 mg/L.  There are no scientific studies that
document the appropriateness of the relationship between aquatic
life use and dissolved oxygen.

PURPOSE

As proposed, C.S.S.B. 298 sets forth requirements for creating
water quality standards.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 26.023, Water Code, as follows:

     Sec.  26.023.  WATER QUALITY STANDARDS.  (a) and (b) Created
     from existing text.  
       (c) Requires water quality standards to consist of
       designated uses of water and water quality criteria
       necessary to maintain the uses.
       
       (d) Sets forth criteria for the commission to follow in
       adopting water quality standards, including designating
       aquatic life uses of water and water quality criteria for
       dissolved oxygen that are no more stringent than necessary
       to attain and maintain conditions in the natural
       environment, designating seasonal uses based on seasonally
       compiled water flow, designating aquatic life uses or
       criteria for dissolved oxygen applicable for periods of
       significant storm water runoff, and prohibiting the
       establishment of dissolved oxygen criteria of more than 3.0
       milligrams per liter.
       
       (e) Requires the Texas Natural Resource Conservation
       Commission (commission) to include in the notice of proposed
       rulemaking or an amendment to a water quality standard a
       statement of the technical basis for each element of the
       proposal and a reference to the technical information the
       committee relies upon.  Requires the commission to make this
       information available to the public.
       
     SECTION 2.  Sets forth guidelines for implementation and
enforcement of a new dissolved oxygen standard.

SECTION 3. Emergency clause.
           Effective date: upon passage.