74R9101 MI-F
          By Jackson                                            H.B. No. 1826
          Substitute the following for H.B. No. 1826:
          By Yost                                           C.S.H.B. No. 1826
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the approval of disposal system plans by the Texas
    1-3  Natural Resource Conservation Commission.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 26.034, Water Code, is amended to read as
    1-6  follows:
    1-7        Sec. 26.034.  Approval of Disposal System Plans.  (a)  The
    1-8  commission may, on a case-by-case basis,  <shall> review and
    1-9  approve plans and specifications for <all> treatment facilities,
   1-10  sewer systems, and disposal systems that transport, treat, or
   1-11  dispose of primarily domestic wastes.
   1-12        (b)  Before beginning construction, every person who proposes
   1-13  to construct or materially alter the efficiency of any treatment
   1-14  works to which this section applies shall submit completed plans
   1-15  and specifications to the commission <for review and approval>.
   1-16        (c)  The commission by rule shall adopt standards to
   1-17  determine which plans and specifications the commission will review
   1-18  for approval.
   1-19        (d)  Subject to Subsections (e) and (f), the commission may
   1-20  not require plans and specifications for a sewer system that
   1-21  transports primarily domestic waste to be submitted from:
   1-22              (1)  a municipality, if:
   1-23                    (A)  the municipality has its own internal
   1-24  engineering review staff;
    2-1                    (B)  the plans and specifications subject to
    2-2  review are prepared by private engineering consultants; and
    2-3                    (C)  the review is conducted by a registered
    2-4  professional engineer who is an employee of the municipality
    2-5  separate from the private engineering consultant charged with the
    2-6  design of the plans and specifications under review; or
    2-7              (2)  an entity that is required by local ordinance to
    2-8  submit the plans and specifications for review and approval to a
    2-9  municipality.
   2-10        (e)  If the municipality's registered professional engineer
   2-11  described in Subsection (d)(1) reviews the plans and specifications
   2-12  and makes a finding that the plans and specifications, in the best
   2-13  professional judgment of the registered professional engineer, are
   2-14  in substantial compliance with commission standards, review and
   2-15  approval by the commission is not required.  If the municipality's
   2-16  registered professional engineer finds that the plans and
   2-17  specifications are not in compliance with commission standards, the
   2-18  plans and specifications must be submitted to the commission.
   2-19        (f)  If the commission finds that a municipality's review and
   2-20  approval is not in substantial compliance with commission
   2-21  standards, the commission shall require all plans and
   2-22  specifications reviewed by the municipality under Subsections (d)
   2-23  and (e) to be submitted to the commission for review and approval
   2-24  <The commission shall approve the plans and specifications if they
   2-25  conform to the waste discharge requirements and water quality
   2-26  standards established by the commission>.
   2-27        SECTION 2.  The importance of this legislation and the
    3-1  crowded condition of the calendars in both houses create an
    3-2  emergency and an imperative public necessity that the
    3-3  constitutional rule requiring bills to be read on three several
    3-4  days in each house be suspended, and this rule is hereby suspended,
    3-5  and that this Act take effect and be in force from and after its
    3-6  passage, and it is so enacted.