H.B. No. 2015
    1-1                                AN ACT
    1-2  relating to statutory changes to obtain delegation to Texas of the
    1-3  National Pollutant Discharge Elimination System.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter C, Chapter 5, Water Code, is amended
    1-6  by adding Section 5.053, as effective upon delegation of NPDES
    1-7  permit authority, to read as follows:
    1-8        Sec. 5.053.  ELIGIBILITY FOR MEMBERSHIP.  (a)  A person is
    1-9  not eligible to serve on the commission if the person or the
   1-10  person's spouse:
   1-11              (1)  is employed by or participates in the management
   1-12  of a business entity or other organization regulated by the
   1-13  commission or receiving funds from the commission;
   1-14              (2)  owns, controls, or has, directly or indirectly,
   1-15  more than a 10 percent interest in a business entity or other
   1-16  organization regulated by the commission or receiving funds from
   1-17  the commission; or
   1-18              (3)  uses or receives a substantial amount of tangible
   1-19  goods, services, or funds from the commission.
   1-20        (b)  In addition to the eligibility requirements in
   1-21  Subsection (a) of this section, persons who are appointed to serve
   1-22  on the commission for terms which expire after August 31, 2001,
   1-23  must comply at the time of their appointment with the eligibility
   1-24  requirements established under 33 U.S.C. Sections 1251-1387, as
    2-1  amended.
    2-2        SECTION 2.  Section 26.017, Water Code, is amended to read as
    2-3  follows:
    2-4        Sec. 26.017.  Cooperation.  The commission shall:
    2-5              (1)  encourage voluntary cooperation by the people,
    2-6  cities, industries, associations, agricultural interests, and
    2-7  representatives of other interests in preserving the greatest
    2-8  possible utility of water in the state;
    2-9              (2)  encourage the formation and organization of
   2-10  cooperative groups, associations, cities, industries, and other
   2-11  water users for the purpose of providing a medium to discuss and
   2-12  formulate plans for attainment of water quality control;
   2-13              (3)  establish policies and procedures for securing
   2-14  close cooperation among state agencies that have water quality
   2-15  control functions; <and>
   2-16              (4)  cooperate with the governments of the United
   2-17  States and other states and with official or unofficial agencies
   2-18  and organizations with respect to water quality control matters and
   2-19  with respect to formulation of interstate water quality control
   2-20  compacts or agreements, and when representation of state interests
   2-21  on a basin planning agency for water quality purposes is required
   2-22  under Section 3(c) of the Federal Water Pollution Control Act, as
   2-23  amended, or other federal legislation having a similar purpose, the
   2-24  representation shall include an officer or employee of the
   2-25  commission; and
   2-26              (5)  with respect to obtaining or administering the
   2-27  NPDES program in lieu of the government of the United States, not
    3-1  enter into any memorandum of agreement or other contractual
    3-2  relationship with or among state agencies or with the government of
    3-3  the United States which imposes any requirements upon the state
    3-4  other than or more stringent than those specifically set forth in
    3-5  Section 402(b) of the Federal Water Pollution Control Act, as
    3-6  amended.
    3-7        SECTION 3.  Section 26.0291, Water Code, as effective upon
    3-8  delegation of NPDES permit authority, is amended to read as
    3-9  follows:
   3-10        Sec. 26.0291.  Waste Treatment Inspection Fee.  (a)  An
   3-11  annual waste treatment inspection fee is imposed on each permittee
   3-12  for each waste discharge permit held by the permittee.  The fee is
   3-13  to supplement any other funds available to pay expenses of the
   3-14  commission in inspecting waste treatment facilities and enforcing
   3-15  the laws of the state and the rules of the commission governing
   3-16  waste discharge and waste treatment facilities.  The fee for each
   3-17  year is imposed on each permit in effect during any part of the
   3-18  year.
   3-19        (b)  The commission by rule shall adopt a fee schedule for
   3-20  determining the amount of the fee to be charged.  The amount of the
   3-21  fee may not exceed $25,000 <$15,000> for each waste discharge
   3-22  permit held by a permittee.  In determining the amount of a fee
   3-23  under this section, the commission may consider permitting factors
   3-24  such as flow volume, toxic pollutant potential, level of
   3-25  traditional pollutant, and heat load.  The commission may consider
   3-26  the designated uses and segment ranking classification of the water
   3-27  affected by discharges from the permitted facility.  Finally, the
    4-1  commission also may consider the expenses necessary to obtain and
    4-2  administer the NPDES program.  The commission shall not adopt any
    4-3  rule designed to increase the fee imposed under this section on a
    4-4  treatment works owned by a local government, as those terms are
    4-5  defined in Section 26.001 of this code, before August 31, 1999.
    4-6        (c)  The fees collected under this section shall be deposited
    4-7  in a special fund in the state treasury to be known as the water
    4-8  quality fund.  Money in the fund shall be used as follows:
    4-9              (1)  to supplement any other funds available for paying
   4-10  expenses of the commission in inspecting waste treatment
   4-11  facilities;
   4-12              (2)  to pay for the issuance and renewal of
   4-13  certificates of competency under and to administer Section 26.0301
   4-14  of this code;
   4-15              (3)  to pay for processing plans or amendments to plans
   4-16  and inspecting the construction of projects under those plans
   4-17  pursuant to Section 26.0461 of this code and rules of the
   4-18  commission adopted under Sections 26.046 and 26.0461 of this code;
   4-19  and
   4-20              (4)  to pay for any expenses of the commission
   4-21  necessary to obtain and administer the NPDES program in lieu of the
   4-22  federal government.
   4-23        (d)  The commission may adopt rules necessary to administer
   4-24  this section.
   4-25        (e)  A fee collected under this section is in addition to any
   4-26  other fee that may be charged under this chapter.
   4-27        SECTION 4.  Subchapter D, Chapter 26, Water Code, is amended
    5-1  by adding Section 26.134 to read as follows:
    5-2        Sec. 26.134.  INTERVENTION; COMMENTS ON SETTLEMENTS.  (a)  In
    5-3  a civil action instituted pursuant to Section 26.123(d) or Section
    5-4  26.124 of this chapter alleging a violation of an NPDES permit or
    5-5  the failure to obtain an NPDES permit, the attorney general may not
    5-6  oppose intervention by a person who has standing to intervene, as
    5-7  provided by Rule 60, Texas Rules of Civil Procedure.
    5-8        (b)(1)  In an action identified in Subsection (a) of this
    5-9  chapter or in an administrative action instituted under Section
   5-10  26.136 of this chapter, before the attorney general in a civil
   5-11  action or the commission in an administrative action may approve an
   5-12  agreed final judgment, consent order, voluntary settlement
   5-13  agreement, or other voluntary agreement that would finally settle
   5-14  the action against a party, the attorney general or the commission,
   5-15  whichever is appropriate, shall permit the public to comment in
   5-16  writing on the proposed judgment or agreement.
   5-17              (2)  Notices of the opportunity to comment shall be
   5-18  published not later than the 30th day before the date on which the
   5-19  public comment period closes.  The attorney general or the
   5-20  commission shall publish a notice in the Texas Register.
   5-21              (3)  The attorney general or the commission shall
   5-22  promptly consider any written comments and may withdraw or withhold
   5-23  consent to the proposed judgment, order, or agreement if the
   5-24  comments disclose facts or considerations which the attorney
   5-25  general or commission, as appropriate, believes indicate that the
   5-26  proposed judgment, order, or agreement would be inadequate to meet,
   5-27  or be inconsistent with, the requirements of this chapter.
    6-1              (4)  No further notice of changes to the proposed
    6-2  judgment, order, or agreement must be published if those changes
    6-3  arise from comments submitted in response to the previous notice.
    6-4              (5)  Subsection (b) of this section applies only to
    6-5  agreed judgments, consent orders, or voluntary agreements that
    6-6  would finally dispose of all the remaining issues involving a party
    6-7  in the civil suit or administrative action.   This section does not
    6-8  require public comment on a proposed temporary restraining order,
    6-9  temporary injunction, emergency order, or other emergency relief
   6-10  that is not a final judgment or final order of the court or the
   6-11  commission.
   6-12              (6)  Chapter 2001, Government Code, does not apply to
   6-13  public comment under this section.
   6-14        SECTION 5.  Section 81.054, Natural Resources Code, is
   6-15  amended to read as follows:
   6-16        Sec. 81.054.  Enforcement by Attorney General.  (a)  The
   6-17  attorney general shall enforce the provision of this title by
   6-18  injunction or other adequate remedy and as otherwise provided by
   6-19  law.
   6-20        (b)  If an action is instituted by the attorney general under
   6-21  this section alleging a violation of an NPDES permit or the failure
   6-22  to obtain an NPDES permit under Chapter 91 or Chapter 141 of the
   6-23  Natural Resources Code, the attorney general may not oppose
   6-24  intervention by a person who has standing to intervene, as provided
   6-25  by Rule 60, Texas Rules of Civil Procedure.
   6-26        SECTION 6.  Section 91.003, Natural Resources Code, is
   6-27  amended to read as follows:
    7-1        Sec. 91.003.  Additional Enforcement Authority.  (a)  In
    7-2  addition to other authority specifically granted to the commission
    7-3  under this chapter, the commission may enforce this chapter or any
    7-4  rule, order, or permit of the commission adopted under this chapter
    7-5  in the manner and subject to the conditions provided in Chapters 81
    7-6  and 85 of this code, including the authority to seek and obtain
    7-7  civil penalties and injunctive relief as provided by those
    7-8  chapters.
    7-9        (b)  If the enforcement authority in Section 81.054, Natural
   7-10  Resources Code, is used to institute a civil action alleging a
   7-11  violation of an NPDES permit issued under this chapter, the
   7-12  attorney general may not oppose intervention by a person who has
   7-13  standing to intervene as provided by Rule 60, Texas Rules of Civil
   7-14  Procedure.
   7-15        SECTION 7.  Section 141.101, Natural Resources Code, is
   7-16  amended to read as follows:
   7-17        Sec. 141.101.  General Enforcement Authority.  (a)  In
   7-18  addition to other authority specifically granted to the commission
   7-19  under this chapter, the commission may enforce this chapter or any
   7-20  rule, order, or permit of the commission adopted under this chapter
   7-21  in the same manner and subject to the same conditions provided by
   7-22  Chapters 81 and 85 of this code, including the authority to seek
   7-23  and obtain civil penalties and injunctive relief under those
   7-24  chapters.
   7-25        (b)  If the enforcement authority in Section 81.054, Natural
   7-26  Resources Code, is used to institute a civil action alleging a
   7-27  violation of an NPDES permit or the failure to obtain an NPDES
    8-1  permit issued under this chapter, the attorney general may not
    8-2  oppose intervention by a person who has standing to intervene as
    8-3  provided by Rule 60, Texas Rules of Civil Procedure.
    8-4        SECTION 8.  The importance of this legislation and the
    8-5  crowded condition of the calendars in both houses create an
    8-6  emergency and an imperative public necessity that the
    8-7  constitutional rule requiring bills to be read on three several
    8-8  days in each house be suspended, and this rule is hereby suspended,
    8-9  and that this Act take effect and be in force from and after its
   8-10  passage, and it is so enacted.