By Lewis of Orange                                    H.B. No. 2141
       74R5880 JJT-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to water quality standards.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 26.023, Water Code, is amended to read as
    1-5  follows:
    1-6        Sec. 26.023.  Water Quality Standards.  (a)  The commission
    1-7  by rule shall set water quality standards for the water in the
    1-8  state and may amend the standards from time to time.  The
    1-9  commission has the sole and exclusive authority to set water
   1-10  quality standards for all water in the state. The commission shall
   1-11  consider the existence and effects of nonpoint source pollution,
   1-12  toxic materials, and nutrient loading in developing water quality
   1-13  standards and related waste load models for water quality.
   1-14        (b)  In setting standards under this section, the commission
   1-15  may not adopt a water quality antidegradation policy or other
   1-16  policy that regulates:
   1-17              (1)  the use of a building or real property for
   1-18  business, industrial, residential, or other purposes;
   1-19              (2)  the size, bulk, height, or number of buildings
   1-20  that may be constructed on a tract of land or the ratio of building
   1-21  floor space to the square footage of the tract on which the
   1-22  building may be constructed;
   1-23              (3)  the number of residential units that may be
   1-24  constructed per acre of land; or
    2-1              (4)  the amount of impervious cover that may be
    2-2  constructed on a tract of land.
    2-3        SECTION 2.  The heading to Chapter 250, Local Government
    2-4  Code, is amended to read as follows:
    2-5  CHAPTER 250.  MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES,
    2-6          <AND> COUNTIES, AND CERTAIN OTHER LOCAL GOVERNMENTS
    2-7        SECTION 3.  Chapter 250, Local Government Code, is amended by
    2-8  adding Section 250.002 to read as follows:
    2-9        Sec. 250.002.  LIMITATION ON WATER QUALITY STANDARDS.  A
   2-10  political subdivision may not adopt a water quality antidegradation
   2-11  policy or other policy that regulates:
   2-12              (1)  the use of a building or real property for
   2-13  business, industrial, residential, or other purposes;
   2-14              (2)  the size, bulk, height, or number of buildings
   2-15  that may be constructed on a tract of land or the ratio of building
   2-16  floor space to the square footage of the tract on which the
   2-17  building may be constructed;
   2-18              (3)  the number of residential units that may be
   2-19  constructed per acre of land; or
   2-20              (4)  the amount of impervious cover that may be
   2-21  constructed on a tract of land.
   2-22        SECTION 4.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
   2-26  days in each house be suspended, and this rule is hereby suspended,
   2-27  and that this Act take effect and be in force from and after its
    3-1  passage, and it is so enacted.