1-1 By: Lewis of Orange (Senate Sponsor - Brown) H.B. No. 2843
1-2 (In the Senate - Received from the House May 10, 1995;
1-3 May 11, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 17, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 9, Nays 1; May 17, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Brown
1-7 (1) Amend H.B. 2843 SECTION 1 (page 1, line 6) caption by striking
1-8 "and (f)" and substituting "(f), and (g)".
1-9 (2) Amend H.B. 2843 SECTION 1, Section 5.103 (page 2, line 3) by
1-10 adding a new subsection (g) to read as follows:
1-11 "(g) The commission shall adopt rules that prohibit the
1-12 executive director from initiating or pursuing an administrative
1-13 enforcement action or referring a matter to the office of the
1-14 attorney general for the initiation or pursuit of an enforcement
1-15 action that seeks assessment of any civil or criminal penalty if
1-16 the U.S. Environmental Protection Agency would be barred from
1-17 initiating the action under 23 U.S.C. Section 2462."
1-18 A BILL TO BE ENTITLED
1-19 AN ACT
1-20 relating to the adoption of rules by the Texas Natural Resource
1-21 Conservation Commission.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Section 5.103, Water Code, is amended by adding
1-24 Subsections (d), (e), and (f) to read as follows:
1-25 (d) The commission may not adopt a new rule or amend an
1-26 existing rule under Subsection (a) that as adopted or amended will
1-27 be more stringent than federal regulation of the same matter
1-28 unless:
1-29 (1) there is no applicable federal regulation;
1-30 (2) the more stringent rule or amendment is necessary
1-31 to address an environmental condition unique to this state; or
1-32 (3) the applicable federal regulation is substantially
1-33 inadequate to provide necessary protection for the environment of
1-34 this state.
1-35 (e) If the commission proposes to adopt a new rule or amend
1-36 an existing rule that will be more stringent than a federal
1-37 regulation that governs the same matter, the commission must
1-38 publish with the proposed rule or amendment as required by Chapter
1-39 2001, Government Code, a detailed statement of the grounds for the
1-40 commission's determination that the more stringent state rule is
1-41 necessary, appropriate, and authorized under Subsection (d).
1-42 (f) The commission may not adopt any rule pertaining to a
1-43 water system that serves 50 or fewer connections except to comply
1-44 with federal requirements or to protect the public health.
1-45 SECTION 2. (a) Not later than the 180th day after the
1-46 effective date of this Act, the Texas Natural Resource Conservation
1-47 Commission by rule shall adopt an order that:
1-48 (1) lists the commission rules in effect on September
1-49 1, 1995, that the commission has determined:
1-50 (A) are more stringent than federal regulation
1-51 of the same matters; and
1-52 (B) meet an exception under Section 5.103(d),
1-53 Water Code, as added by this Act; and
1-54 (2) includes for each rule listed the detailed
1-55 statement described by Section 5.103(e), Water Code, as added by
1-56 this Act.
1-57 (b) Sections 2001.024(4) and (5), Government Code, do not
1-58 apply to notice for the rule required to be adopted by Subsection
1-59 (a) of this section.
1-60 (c) A commission rule that is in effect on September 1,
1-61 1995, is more stringent than federal regulation of the same matter
1-62 and is not listed in the order required by Subsection (a) of this
1-63 section expires on the date the final rule adopting the order takes
1-64 effect.
1-65 SECTION 3. This Act takes effect September 1, 1995.
1-66 SECTION 4. The importance of this legislation and the
1-67 crowded condition of the calendars in both houses create an
1-68 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended.
2-3 * * * * *