By Lewis of Orange                                    H.B. No. 1232
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of nonpoint source water pollution,
    1-3  stormwater discharges, wet weather water quality standards and
    1-4  control of sanitary sewer overflows.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter B, Chapter 26, Water Code, is amended
    1-7  by adding a new Section 26.0271 to read as follows:
    1-8        Sec. 26.0271.  NONPOINT SOURCE AND WET WEATHER WATER QUALITY.
    1-9  (a)  The Commission shall not adopt any regulation to address
   1-10  nonpoint source water pollution, stormwater discharges, wet weather
   1-11  water quality standards, or control of sanitary sewer overflows
   1-12  that exceeds applicable federal law, policy, regulations, or
   1-13  standards addressing the same issue.
   1-14        (b)  If the Commission proposes a regulation concerning
   1-15  nonpoint source water pollution, stormwater discharges, wet weather
   1-16  water quality standards, or control of sanitary sewer overflows, it
   1-17  shall include in the proposal a legal analysis demonstrating that
   1-18  the proposed rule does not exceed applicable federal law, policy,
   1-19  regulations, or standards addressing the same issue.
   1-20        (c)  In implementing regulations to address nonpoint source
   1-21  water pollution, stormwater discharges, wet weather water quality
   1-22  standards, or control of sanitary sewer overflows, the Commission
   1-23  shall employ the maximum flexibility allowed under the federal law,
    2-1  policy, regulations, or standards addressing the same issue; shall
    2-2  take into consideration the financial conditions and constraints of
    2-3  local governments affected thereby; and shall allow such local
    2-4  governments ample time to design and develop cost-effective control
    2-5  methods or facilities before initiating enforcement actions.
    2-6        SECTION 2.  The importance of this legislation and the
    2-7  crowded condition of the calendars in both houses create an
    2-8  emergency and an imperative public necessity that the
    2-9  constitutional rule requiring bills to be read on three several
   2-10  days in each house be suspended, and this rule is hereby suspended.