BLS C.S.H.B. 1707 75(R)BILL ANALYSIS


NATURAL RESOURCES
C.S.H.B. 1707
By: Keel
3-5-97
Committee Report (Substituted)



BACKGROUND 

Section 26.179, Water Code, provides for the designation of water quality
protection zones in certain areas of extraterritorial jurisdiction (ETJ).
Pursuant to Section 26.179, a zone may be created if:  (1) the zone
encompasses 500 acres or more; and (2) the land in the zone is wholly
located in an ETJ area that has been subjected, during the preceding five
years, to three or more water quality ordinances or amendments thereto.   

Questions have arisen with regard to the ability of a municipality, under
Section 26.179, to abolish an existing water quality protection zone by
vacating, or abandoning, ETJ within a zone, thereby reducing the size of
the zone to less than 500 acres.   

Further, questions have also arisen with regard to the ability of a
municipality to reduce the requisite size of a zone by transferring part
of the zone to another municipality.  In addition, Section 26.179 does not
specifically authorize the Texas Natural Resource Conservation Commission
(TNRCC), which reviews water quality plans applicable to water quality
protection zones, to monitor water quality associated with such zones. 

PURPOSE

To amend Section 26.179, Water Code, to provide that if a municipality's
actions result in part of a zone being located outside the municipality's
ETJ, then the entire zone is removed from the municipality's ETJ; to
provide that a zone removed from the municipality's ETJ may not be brought
into the municipality's ETJ before the 20th anniversary of the date on
which  the zone was designated; to authorize the TNRCC to assess
reasonable and necessary fees to recover its costs in monitoring water
quality associated with water quality protection zones. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1: Amends Section 26.179, Water Code, by adding subsections (o)
and (p) to provide as follows:  
  
  (o)  If a municipality's action results in part of a zone being located
outside the   ETJ of the municipality, then the entire zone shall be
removed from the     municipality's ETJ;  a zone removed from a
municipality's ETJ may not be   brought into the municipality's ETJ before
the 20th anniversary of the date the   zone was designated. 

  (p)   In addition to fees authorized under subsection (g) of Section
26.179,   Water Code, the TNRCC shall adopt and assess reasonable and
necessary fees   adequate to recover its costs in monitoring water quality
associated with water   quality protection zones. 

 SECTION 2:  Provides that Section 1 of this Act applies to any action
taken by a municipality after January 1, 1997. 

SECTION 3: Emergency clause.  Effective upon passage.


COMPARISON OF ORIGINAL TO SUBSTITUTE

In Section 1 of the original bill, proposed subsection (o) of Section
26.179, Water Code, a zone that had been removed from a municipality's
extraterritorial jurisdiction could not be brought into the municipality's
extraterritorial jurisdiction before the expiration of ten years.  The
substitute changes the time a removed zone can be brought into a
municipality's extraterritorial jurisdiction to the 20th anniversary of
the date on which the zone was designated.  

In Section 1 of the original bill, proposed subsection (p) of Section
26.179, Water Code, the TNRCC is allowed to utilize fees assessed under
this section for the purpose of administering this section.  In the
substitute, the TNRCC is required to adopt and assess reasonable and
necessary fees, in addition to those fees authorized under subsection (g)
of Section 26.179, Water Code,  to recover its costs in monitoring water
quality associated with water quality protection zones. 

Section 2 of the original bill was an emergency clause.  Section 2 of the
substitute states that Section 1 of this Act applies to any action taken
by a municipality after January 1, 1997.  

In the substitute, a new Section 3 is created as an emergency clause.