By Lewis of Orange                                    H.B. No. 2843
       74R5868 MI-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the adoption of rules by the Texas Natural Resource
    1-3  Conservation Commission.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 5.103, Water Code, is amended by adding
    1-6  Subsections (d) and (e) to read as follows:
    1-7        (d)  The commission may not adopt a new rule or amend an
    1-8  existing rule under Subsection (a) that as adopted or amended will
    1-9  be more stringent than federal regulation of the same matter
   1-10  unless:
   1-11              (1)  there is no applicable federal regulation;
   1-12              (2)  the more stringent rule or amendment is necessary
   1-13  to address an environmental condition unique to this state; or
   1-14              (3)  the applicable federal regulation is substantially
   1-15  inadequate to provide necessary protection for the environment of
   1-16  this state.
   1-17        (e)  If the commission proposes to adopt a new rule or amend
   1-18  an existing rule that will be more stringent than a federal
   1-19  regulation that governs the same matter, the commission must
   1-20  publish with the proposed rule or amendment as required by Chapter
   1-21  2001, Government Code, a detailed statement of the grounds for the
   1-22  commission's determination that the more stringent state rule is
   1-23  necessary, appropriate, and authorized under Subsection (d).
   1-24        SECTION 2.  (a)  Not later than the 180th day after the
    2-1  effective date of this Act, the Texas Natural Resource Conservation
    2-2  Commission by rule shall adopt an order that:
    2-3              (1)  lists the commission rules in effect on September
    2-4  1, 1995, that the commission has determined:
    2-5                    (A)  are more stringent than federal regulation
    2-6  of the same matters; and
    2-7                    (B)  meet an exception under Section 5.103(d),
    2-8  Water Code, as added by this Act; and
    2-9              (2)  includes for each rule listed the detailed
   2-10  statement described by Section 5.103(d), Water Code, as added by
   2-11  this Act.
   2-12        (b)  Sections 2001.024(4) and (5), Government Code, do not
   2-13  apply to notice for the rule required to be adopted by Subsection
   2-14  (a) of this section.
   2-15        (c)  A commission rule that is in effect on September 1,
   2-16  1995, is more stringent than federal regulation of the same matter
   2-17  and is not listed in the order required by Subsection (a) of this
   2-18  section expires on the date the final rule adopting the order takes
   2-19  effect.
   2-20        SECTION 3.  This Act takes effect September 1, 1995.
   2-21        SECTION 4.  The importance of this legislation and the
   2-22  crowded condition of the calendars in both houses create an
   2-23  emergency and an imperative public necessity that the
   2-24  constitutional rule requiring bills to be read on three several
   2-25  days in each house be suspended, and this rule is hereby suspended.