By:  Ratliff                                           S.B. No. 298
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to water quality standards.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Section 26.023, Water Code, is amended to read as
    1-4  follows:
    1-5        Sec. 26.023.  Water Quality Standards.  (a)  The commission
    1-6  by rule shall set water quality standards for the water in the
    1-7  state and may amend the standards from time to time.  The
    1-8  commission has the sole and exclusive authority to set water
    1-9  quality standards for all water in the state.
   1-10        (b)  The commission shall consider the existence and effects
   1-11  of nonpoint source pollution, toxic materials, and nutrient loading
   1-12  in developing water quality standards and related waste load models
   1-13  for water quality.
   1-14        (c)  Water quality standards shall consist of designated uses
   1-15  of water and water quality criteria necessary to maintain the
   1-16  designated uses.
   1-17        (d)  In adopting water quality standards, the commission:
   1-18              (1)  where appropriate, shall designate aquatic life
   1-19  uses of water and water quality criteria for dissolved oxygen that,
   1-20  during hydrologic conditions that include the low-flow conditions
   1-21  used in establishing discharge permit limits, are no more stringent
   1-22  than necessary to attain and maintain conditions in the natural
   1-23  environment combined with conditions that may result from impacts
   1-24  not regulated under state or federal law;
    2-1              (2)  may designate seasonal uses or criteria consistent
    2-2  with this section and based on seasonally compiled water flow and
    2-3  water quality information;
    2-4              (3)  may designate aquatic life uses or criteria for
    2-5  dissolved oxygen applicable during periods of significant storm
    2-6  water runoff that are no more stringent than necessary to attain
    2-7  and maintain conditions in the natural environment during such a
    2-8  period in combination with conditions that may result from impacts
    2-9  not regulated under state or federal law; and
   2-10              (4)  may not establish a dissolved oxygen criterion of
   2-11  greater than 3.0 milligrams per liter that is applicable to a
   2-12  perennial unclassified stream unless the commission determines,
   2-13  relying on appropriate technical information for the affected body
   2-14  of water, that a higher dissolved oxygen level would be attained
   2-15  and maintained in the natural environment in combination with
   2-16  conditions that may result from impacts not regulated under state
   2-17  or federal law.
   2-18        (e)  In the notice of proposed rulemaking for a new water
   2-19  quality standard or an amendment to a water quality standard, the
   2-20  commission shall include a statement of the technical basis for
   2-21  each element of the proposal and a reference to the technical
   2-22  information and studies on which the commission relies in
   2-23  formulating each proposed criterion or presumption.  The commission
   2-24  shall make available to the public the technical information and
   2-25  studies that support the proposed rule, including the information
   2-26  or studies supporting each proposed criterion or presumption.
   2-27        SECTION 2.  If, on the effective date of this Act, there is
    3-1  in effect a dissolved oxygen standard for a stream that does not
    3-2  conform to Section 26.023, Water Code, as amended by this Act, the
    3-3  Texas Natural Resource Conservation Commission shall adopt a new
    3-4  dissolved oxygen standard for the stream in accordance with that
    3-5  section as soon as is practicable but not later than December 31,
    3-6  1995.  A dissolved oxygen standard that does not conform to Section
    3-7  26.023, Water Code, as amended by this Act, may be enforced until
    3-8  December 31, 1995, or until the date a new enforceable standard
    3-9  takes effect, whichever is sooner.
   3-10        SECTION 3.  The importance of this legislation and the
   3-11  crowded condition of the calendars in both houses create an
   3-12  emergency and an imperative public necessity that the
   3-13  constitutional rule requiring bills to be read on three several
   3-14  days in each house be suspended, and this rule is hereby suspended,
   3-15  and that this Act take effect and be in force from and after its
   3-16  passage, and it is so enacted.