1-1  By:  Ratliff                                           S.B. No. 650
    1-2        (In the Senate - Filed February 20, 1995; February 20, 1995,
    1-3  read first time and referred to Committee on Natural Resources;
    1-4  February 28, 1995, reported favorably by the following vote:  Yeas
    1-5  9, Nays 1; February 28, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the regulation of nonpoint source water pollution,
    1-9  stormwater discharges, wet weather water quality standards, and
   1-10  control of sanitary sewer overflows.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Subchapter B, Chapter 26, Water Code, is amended
   1-13  by adding Section 26.0271 to read as follows:
   1-14        Sec. 26.0271.  NONPOINT SOURCE AND WET WEATHER WATER QUALITY.
   1-15  (a)  The commission shall not adopt any regulation to address
   1-16  nonpoint source water pollution, stormwater discharges, wet weather
   1-17  water quality standards, or control of sanitary sewer overflows
   1-18  that exceeds an applicable federal law, policy, regulation, or
   1-19  standard addressing the same issue.
   1-20        (b)  If the commission proposes a regulation concerning
   1-21  nonpoint source water pollution, stormwater discharges, wet weather
   1-22  water quality standards, or control of sanitary sewer overflows, it
   1-23  shall include in the proposal a legal analysis demonstrating that
   1-24  the proposed rule does not exceed applicable federal law, policy,
   1-25  regulation, or standard addressing the same issue.
   1-26        (c)  In implementing regulations to address nonpoint source
   1-27  water pollution, stormwater discharges, wet weather water quality
   1-28  standards, or control of sanitary sewer overflows, the commission
   1-29  shall employ the maximum flexibility allowed under the federal law,
   1-30  policy, regulation, or standard addressing the same issue; shall
   1-31  take into consideration the financial conditions and constraints of
   1-32  local governments affected by the regulations; and shall allow
   1-33  local governments affected by the regulations ample time to design
   1-34  and develop cost-effective control methods or facilities before
   1-35  initiating enforcement actions.
   1-36        SECTION 2.  The importance of this legislation and the
   1-37  crowded condition of the calendars in both houses create an
   1-38  emergency and an imperative public necessity that the
   1-39  constitutional rule requiring bills to be read on three several
   1-40  days in each house be suspended, and this rule is hereby suspended.
   1-41                               * * * * *