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.