By Dukes                                              H.B. No. 2993
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the establishment of and the areas subject to municipal
    1-3  ordinances to control or abate air or water pollution.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 54.004, Local Government Code, is amended
    1-6  to read as follows:
    1-7        Sec. 54.004.  Preservation of Health, Property, Good
    1-8  Government, and Order in Home-Rule Municipality; ENFORCEMENT OF AIR
    1-9  OR WATER POLLUTION CONTROL ORDINANCES AND REGULATIONS.  (a)  A
   1-10  home-rule municipality may adopt and enforce ordinances or
   1-11  regulations necessary to protect health, life, and property and to
   1-12  preserve the good government, order, and security of the
   1-13  municipality and its inhabitants.
   1-14        (b)  Except as provided by Section 401.002 of this code,
   1-15  Sections 26.177 and 26.901, Water Code, Sections 481.141-481.143,
   1-16  Government Code, and Section 382.901, Health and Safety Code, a
   1-17  home-rule municipality shall enforce uniformly within the corporate
   1-18  boundaries and the extraterritorial jurisdiction of the
   1-19  municipality all provisions of all ordinances and regulations
   1-20  relating to the control or abatement of air or water pollution that
   1-21  it adopts to provide equal protection for all inhabitants of the
   1-22  municipality and its extraterritorial jurisdiction.
   1-23        (c)  Except as provided by Subsection (b), the application of
    2-1  an ordinance or regulation of a home-rule municipality that is in
    2-2  effect on September 1, 1993, that relates to the control or
    2-3  abatement of air or water pollution and that does not apply by its
    2-4  terms to the entire area within the corporate boundaries of the
    2-5  municipality and the area within the extraterritorial jurisdiction
    2-6  of the municipality is extended to the entire area within the
    2-7  corporate boundaries and extraterritorial jurisdiction of the
    2-8  municipality.
    2-9        (d)  This section does not apply to municipal ordinances or
   2-10  regulations to the extent that those ordinances or regulations are
   2-11  specifically required by federal or state law, rule, order, or
   2-12  permit conditions.
   2-13        SECTION 2.  Section 401.002, Local Government Code, is
   2-14  amended to read as follows:
   2-15        Sec. 401.002.  PROTECTION OF STREAMS AND WATERSHEDS BY
   2-16  HOME-RULE MUNICIPALITY.  (a)  A home-rule municipality may prohibit
   2-17  the pollution of and may police a stream, drain, or tributary that
   2-18  may constitute the source of water supply of any municipality.
   2-19        (b)  Except as provided by Subsection (d), a <A> home-rule
   2-20  municipality that adopts water quality regulations and
   2-21  methodologies under this section shall apply identical water
   2-22  quality regulations and use identical methodologies uniformly for
   2-23  each stream, drain, or tributary that may constitute the source of
   2-24  water supply of any municipality, subject to Sections 26.177 and
   2-25  26.901, Water Code, and Sections 481.141-481.143, Government Code
    3-1  <may provide for the protection of and may police any watersheds>.
    3-2        (c)  Except as provided by Subsection (d), any exercise of
    3-3  <The> authority granted by this section shall encompass the entire
    3-4  area within the corporate boundaries and the extraterritorial
    3-5  jurisdiction of the municipality.  Any ordinance, regulation, or
    3-6  program adopted under this section shall apply identical water
    3-7  quality regulations and use identical methodologies uniformly
    3-8  within the corporate boundaries and the extraterritorial
    3-9  jurisdiction of the municipality to provide equal protection for
   3-10  all inhabitants of the municipality and its extraterritorial
   3-11  jurisdiction <may be exercised inside or outside the municipality's
   3-12  boundaries>.
   3-13        (d)  A home-rule municipality that adopts water quality
   3-14  regulations and methodologies under this section may authorize the
   3-15  use of differing regulations and methodologies, subject to Section
   3-16  26.901, Water Code.
   3-17        (e)  Subject to Subsections (b)-(d), the application of a
   3-18  water quality regulation of a home-rule municipality adopted under
   3-19  this section that is in effect on September 1, 1993, and that does
   3-20  not apply by its terms to the entire area within the corporate
   3-21  boundaries and the extraterritorial jurisdiction of the
   3-22  municipality is extended to the entire area within the corporate
   3-23  boundaries and the extraterritorial jurisdiction of the
   3-24  municipality.
   3-25        (f)  A water quality methodology of a home-rule municipality
    4-1  adopted under this section that is being used on September 1, 1993,
    4-2  is extended to the entire area within the corporate boundaries and
    4-3  the extraterritorial jurisdiction of the municipality.
    4-4        (g)  The provisions in Subsections (b)-(c) pertaining to
    4-5  identical water quality regulations and methodologies apply only to
    4-6  nonpoint source water pollution.  This section does not apply to
    4-7  water quality regulations or methodologies of a home-rule
    4-8  municipality to the extent that those regulations or methodologies
    4-9  are specifically required by federal or state law, rule, order, or
   4-10  permit conditions.
   4-11        SECTION 3.  Chapter 26, Water Code, is amended by adding
   4-12  Subchapter Z to read as follows:
   4-13                     SUBCHAPTER Z.  MISCELLANEOUS
   4-14        Sec. 26.901.  REGULATIONS AND METHODOLOGIES RELATING TO THE
   4-15  CONTROL AND ABATEMENT OF WATER POLLUTION WITHIN THE CORPORATE
   4-16  BOUNDARIES OR EXTRATERRITORIAL JURISDICTION OF A CITY.  (a)  The
   4-17  commission, a local government, or any other governmental agency or
   4-18  political subdivision of the state that establishes, enacts, or
   4-19  enforces a  water quality regulation or uses a methodology that
   4-20  relates to the control or abatement of water pollution and applies
   4-21  to a river basin within the corporate boundaries and the
   4-22  extraterritorial jurisdiction of a city shall, subject to Section
   4-23  26.177, Water Code, and the requirements of this section apply and
   4-24  enforce the regulation or use the methodology uniformly within the
   4-25  entire area of the river basin that is within the corporate
    5-1  boundaries and the extraterritorial jurisdiction of the city to
    5-2  provide equal protection for all inhabitants of the area of the
    5-3  river basin that is within the city and its extraterritorial
    5-4  jurisdiction.
    5-5        (b)  Subject to Subsection (a), the application of a
    5-6  regulation of the commission, a local government, or any other
    5-7  governmental agency or political subdivision of the state that is
    5-8  in effect on September 1, 1993, and that relates to the control or
    5-9  abatement of water pollution and applies to a river basin within
   5-10  the corporate boundaries and the extraterritorial jurisdiction of a
   5-11  city and that does not apply by its terms to the entire area within
   5-12  the corporate boundaries and the extraterritorial jurisdiction of
   5-13  the city is extended to the entire area of the river basin within
   5-14  the corporate boundaries and the extraterritorial jurisdiction of
   5-15  the city.
   5-16        (c)  Subject to Subsection (a), a methodology of the
   5-17  commission, a local government, or any other governmental agency or
   5-18  political subdivision of the state that is being used on September
   5-19  1, 1993, and that relates to the control or abatement of water
   5-20  pollution and applies to a river basin within the corporate
   5-21  boundaries and the extraterritorial jurisdiction of a city is
   5-22  extended to the entire area of the river basin within the corporate
   5-23  boundaries and the extraterritorial jurisdiction of the city.
   5-24        (d)  The commission, a local government, or any other
   5-25  governmental agency or political subdivision of the state may:
    6-1              (1)  use differing water quality regulations for
    6-2  residential, commercial, and industrial land use categories if the
    6-3  regulation for each category is identical and uniformly applied;
    6-4  and
    6-5              (2)  use differing methodologies if the methodologies
    6-6  employed will result in achievement of the water quality regulation
    6-7  for the applicable land use category of residential, commercial, or
    6-8  industrial.
    6-9        (e)  To use differing methodologies, the commission, local
   6-10  government, or other governmental agency or political subdivision
   6-11  shall establish and administer a program of regular monitoring to
   6-12  demonstrate that the methodologies result in compliance with the
   6-13  water quality regulation for the applicable land use category of
   6-14  residential, commercial, or industrial.  The program must be
   6-15  submitted to and approved by the commission before the use of
   6-16  differing methodologies, and monthly monitoring reports shall be
   6-17  filed with the commission.  If the monitoring reports indicate that
   6-18  the differing methodologies are not achieving the applicable water
   6-19  quality regulation for more than six months during any calendar
   6-20  year, the differing methodologies may no longer be used and the
   6-21  governmental entity using the methodologies shall use only
   6-22  identical methodologies for each land use category.  The approval
   6-23  or disapproval of any monitoring program reviewed by the commission
   6-24  shall be a contested case under the Administrative Procedure and
   6-25  Texas Register Act (Article 6252-13a, Vernon's Texas Civil
    7-1  Statutes), and all affected persons shall be afforded due process
    7-2  rights to participate in the hearing and to present evidence.
    7-3        (f)  This section does not apply to:
    7-4              (1)  a water quality regulation or methodology to the
    7-5  extent that the regulation or methodology is specifically required
    7-6  by federal law, rule, order, or permit conditions; or
    7-7              (2)  a water quality regulation or methodology of a
    7-8  city to the extent that the regulation or methodology is
    7-9  specifically required by state law, rule, order, or permit
   7-10  conditions.
   7-11        SECTION 4.  Chapter 382, Health and Safety Code, is amended
   7-12  by  adding Subchapter Z to read as follows:
   7-13                     SUBCHAPTER Z.  MISCELLANEOUS
   7-14        Sec. 382.901.  REGULATIONS AND METHODOLOGIES RELATING TO THE
   7-15  CONTROL AND ABATEMENT OF AIR POLLUTION WITHIN THE CORPORATE
   7-16  BOUNDARIES OR EXTRATERRITORIAL JURISDICTION OF A MUNICIPALITY.  (a)
   7-17  A municipality that establishes, enacts, or enforces a regulation
   7-18  or uses a methodology that relates to the control or abatement of
   7-19  air pollution within the corporate boundaries or the
   7-20  extraterritorial jurisdiction of a municipality shall apply and
   7-21  enforce the regulation or use the methodology uniformly within the
   7-22  corporate boundaries and the extraterritorial jurisdiction of the
   7-23  municipality to provide equal protection for all inhabitants of the
   7-24  municipality and its extraterritorial jurisdiction.
   7-25        (b)  The application of a regulation of the municipality that
    8-1  is in effect on September 1, 1993, and that relates to the control
    8-2  or abatement of air pollution within the corporate boundaries or
    8-3  the extraterritorial jurisdiction of a municipality and that does
    8-4  not apply by its terms to the entire area within the corporate
    8-5  boundaries and the extraterritorial jurisdiction of the
    8-6  municipality is extended to the entire area within the corporate
    8-7  boundaries and the extraterritorial jurisdiction of the
    8-8  municipality.
    8-9        (c)  A methodology of the municipality that is being used on
   8-10  September 1, 1993, and that relates to the control or abatement of
   8-11  air pollution within the corporate boundaries or the
   8-12  extraterritorial jurisdiction of a municipality is extended to the
   8-13  entire area within the corporate boundaries and the
   8-14  extraterritorial jurisdiction of the municipality.
   8-15        (d)  This section is limited by Section 382.113 and Sections
   8-16  481.141-481.143, Government Code, and does not apply to:
   8-17              (1)  an air quality regulation or methodology to the
   8-18  extent that the regulation or methodology is specifically required
   8-19  by federal law, rule, order, or permit conditions; or
   8-20              (2)  an air quality regulation or methodology of a
   8-21  municipality to the extent that the regulation or methodology is
   8-22  specifically required by state law, rule, order, or permit
   8-23  conditions.
   8-24        SECTION 5.  This Act takes effect September 1, 1995.
   8-25        SECTION 6.  The importance of this legislation and the
    9-1  crowded condition of the calendars in both houses create an
    9-2  emergency and an imperative public necessity that the
    9-3  constitutional rule requiring bills to be read on three several
    9-4  days in each house be suspended, and this rule is hereby suspended.