By Saunders                                           H.B. No. 2760
       74R7980 T
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to water pollution control duties of cities.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 26.177, Texas Water Code is amended to
    1-5  read as follows:
    1-6        Sec. 26.177.  Water Pollution Control Duties of Cities.
    1-7  (a)  <Every city in this state having a population of 5,000 or more
    1-8  inhabitants shall, and> A<a>ny city of this state may establish a
    1-9  water pollution control and abatement program.  The city shall
   1-10  employ or retain an adequate number of personnel on either a
   1-11  part-time or full-time basis as the needs and circumstances of the
   1-12  city may require, who by virtue of their training, licensing <or>
   1-13  and experience are qualified to perform <the> reasonable water
   1-14  pollution control and abatement functions required to enable the
   1-15  city to carry out its duties and responsibilities under this
   1-16  section.
   1-17        (b)  The water pollution control and abatement program of a
   1-18  city shall encompass the entire city <and may include areas within
   1-19  its extraterritorial jurisdiction which in the judgment of the city
   1-20  should be included to enable the city to achieve the objectives of
   1-21  the city for the area within its territorial jurisdiction>.  The
   1-22  city shall include in the program the services and functions
   1-23  which<, in the judgment of the city or as may be reasonably
   1-24  required by the commission,> will provide effective water pollution
    2-1  control and abatement for the city, including the following
    2-2  services and functions:
    2-3              (1)  the development and maintenance of an inventory of
    2-4  all significant waste discharges into <or adjacent to> the water
    2-5  within the city <and, where the city so elects, within the
    2-6  extraterritorial jurisdiction of the city,> without regard to
    2-7  whether or not the discharges are authorized by the commission;
    2-8              (2)  the regular monitoring of all significant waste
    2-9  discharges included in the inventory prepared pursuant to
   2-10  Subdivision (1) of this subsection;
   2-11              (3)  the collecting of samples and the conducting of
   2-12  periodic inspections and tests of the waste discharges being
   2-13  monitored by individuals who, by virtue of their training,
   2-14  licensing <or> and experience,  are qualified to perform such tasks
   2-15  to determine whether the discharges are being conducted in
   2-16  compliance with this chapter and any applicable permits, orders, or
   2-17  rules of the commission, and whether they should be covered by a
   2-18  permit from the commission;
   2-19              (4)  in cooperation with the commission, a procedure
   2-20  for obtaining compliance by the waste dischargers being monitored,
   2-21  including where necessary the use of legal enforcement proceedings;
   2-22              (5)  the formulation and implementation <development
   2-23  and execution> of reasonable and realistic plans for controlling
   2-24  and abating pollution <or potential pollution> resulting from
   2-25  generalized discharges of waste which are not traceable to a
   2-26  specific source, such as storm sewer discharges and urban runoff
   2-27  from rainwater provided, however, no such plans for controlling or
    3-1  abating pollution from these sources shall require actions that
    3-2  would result in pollution levels or loadings which are more
    3-3  stringent than those required for any municipal point source
    3-4  controlled by the city and permitted by the commission; and
    3-5              (6)  any additional services, functions, or other
    3-6  requirements as may be prescribed by commission rule.
    3-7        (c)  The water pollution control and abatement program
    3-8  <required by> described in Subsections (a) and (b) of this section
    3-9  must be submitted to the commission for review and approval.  The
   3-10  commission <may> shall adopt rules providing the criteria for the
   3-11  establishment of those programs and the review and approval of
   3-12  those programs.
   3-13        (d)  Any person affected by any ruling, order, decision,
   3-14  ordinance, program, resolution, or other act of a city relating to
   3-15  a water pollution control and abatement <outside the corporate
   3-16  limits of such city> adopted pursuant to this section or any other
   3-17  statutory authorization may appeal such action to the commission or
   3-18  district court.  An appeal must be filed with the commission within
   3-19  <6> 180 days of the enactment of the ruling, order, decision,
   3-20  ordinance, program, resolution, or act of the city.  The issue or
   3-21  issues on appeal shall relate to <is> whether the action, actions,
   3-22  or program is invalid, arbitrary, unreasonable, inefficient, or
   3-23  ineffective in its attempt to control water quality.  If <T>the
   3-24  commission or district court finds an action or program is invalid,
   3-25  arbitrary, unreasonable, inefficient, or ineffective it may
   3-26  overturn or modify the action or program of the city.  If an appeal
   3-27  is taken from a commission ruling, the commission ruling shall be
    4-1  in effect for all purposes until final disposition is made by a
    4-2  court of competent jurisdiction so as not to delay any pending
    4-3  permit approvals.
    4-4        (e)  <The commission shall> A city which establishes a water
    4-5  pollution control and  abatement program approved by the commission
    4-6  may adopt and assess reasonable and necessary fees adequate to
    4-7  recover the costs of the <commission> city in administering this
    4-8  section.
    4-9        SECTION 2.  The importance of this legislation and the
   4-10  crowded condition of the calendars in both houses create an
   4-11  emergency and an imperative public necessity that the
   4-12  constitutional rule requiring  bills to be read on three several
   4-13  days in each house be suspended, and this rule is hereby suspended.