By Patterson S.B. No. 1000
74R7477 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the National Pollutant Discharge Elimination System.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 5.053, Water Code, is amended to read as
1-5 follows:
1-6 Sec. 5.053. Eligibility for Membership. (a) A person is
1-7 not eligible to serve on the commission if the person or the
1-8 person's spouse:
1-9 (1) is employed by or participates in the management
1-10 of a business entity or other organization regulated by the
1-11 commission or receiving funds from the commission;
1-12 (2) owns, controls, or has, directly or indirectly,
1-13 more than a 10 percent interest in a business entity or other
1-14 organization regulated by the commission or receiving funds from
1-15 the commission; or
1-16 (3) uses or receives a substantial amount of tangible
1-17 goods, services, or funds from the commission.
1-18 (b) In addition to the eligibility requirements in
1-19 Subsection (a), a person who is appointed to serve on the
1-20 commission for a term that expires after August 31, 2001, must
1-21 comply at the time of the person's appointment with the eligibility
1-22 requirements established under 33 U.S.C. Sections 1251-1387.
1-23 SECTION 2. Section 26.0291, Water Code (effective upon
1-24 delegation of NPDES permit authority), is amended by adding
2-1 Subsection (f) to read as follows:
2-2 (f) The commission may not adopt a rule designed to increase
2-3 the fee imposed under this section on a treatment works owned by a
2-4 local government. This subsection expires August 31, 1999.
2-5 SECTION 3. Subchapter D, Chapter 26, Water Code, is amended
2-6 by adding Section 26.134 to read as follows:
2-7 Sec. 26.134. INTERVENTION; COMMENTS ON SETTLEMENTS. (a) In
2-8 a civil action instituted under Section 26.123 or Section 26.124
2-9 alleging a violation of an NPDES permit or the failure to obtain
2-10 an NPDES permit, the attorney general may not oppose intervention
2-11 by a person under Rule 60, Texas Rules of Civil Procedure, if the
2-12 person has standing to intervene.
2-13 (b) In an action described by Subsection (a) or in an
2-14 administrative action instituted under Section 26.136, the attorney
2-15 general or the commission, as appropriate, may not approve an
2-16 agreed final judgment, consent order, voluntary settlement
2-17 agreement, or other voluntary agreement that would finally settle
2-18 the action against a party until the attorney general or the
2-19 commission, as appropriate, permits the public to comment in
2-20 writing on the proposed judgment, order, or agreement.
2-21 (c) Notice of the opportunity to comment shall be published
2-22 not later than the 30th day before the date on which the public
2-23 comment period closes. The attorney general or the commission
2-24 shall file the notice with the secretary of state for publication
2-25 in the Texas Register in the manner prescribed by Chapter 2002,
2-26 Government Code.
2-27 (d) The attorney general or the commission shall promptly
3-1 consider any written comments and may withdraw or withhold consent
3-2 to the proposed judgment, order, or agreement if the comments
3-3 disclose matters that the attorney general or commission believes
3-4 indicate that the proposed judgment, order, or agreement would be
3-5 inadequate to meet, or inconsistent with, the requirements of this
3-6 chapter.
3-7 (e) Notice of changes to the proposed judgment, order, or
3-8 agreement is not required if those changes arise from comments
3-9 submitted in response to a previous notice.
3-10 (f) Subsection (b) applies only to agreed judgments, consent
3-11 orders, or voluntary agreements that finally dispose of all the
3-12 remaining issues involving a party in the civil or administrative
3-13 action.
3-14 (g) This section does not require public comment on a
3-15 proposed temporary restraining order, temporary injunction,
3-16 emergency order, or other emergency relief that is not a final
3-17 judgment or final order of the court or the commission.
3-18 (h) Chapter 2001, Government Code, does not apply to public
3-19 comment under this section.
3-20 SECTION 4. Section 81.054, Natural Resources Code, is
3-21 amended to read as follows:
3-22 Sec. 81.054. ENFORCEMENT BY ATTORNEY GENERAL. (a) The
3-23 attorney general shall enforce the provisions of this title by
3-24 injunction or other adequate remedy and as otherwise provided by
3-25 law.
3-26 (b) If an action is instituted by the attorney general under
3-27 this section alleging a violation of an NPDES permit or the failure
4-1 to obtain an NPDES permit under Chapter 91 or Chapter 141, the
4-2 attorney general may not oppose intervention by a person under Rule
4-3 60, Texas Rules of Civil Procedure, if the person has standing to
4-4 intervene.
4-5 SECTION 5. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended,
4-10 and that this Act take effect and be in force from and after its
4-11 passage, and it is so enacted.