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.