SLC C.S.H.B. 2979 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
C.S.H.B. 2979
By: Puente
4-25-97
Committee Report (Substituted)



BACKGROUND 

Section 401.002 of the Local Government Code authorizes a home-rule
municipality to prohibit pollution of streams which constitute the
municipality's water supply and to protect the watershed of the stream,
both within and without the municipality's boundaries. 

Municipalities currently lack the authority to prohibit pollution of
underground aquifer recharge features and to protect recharge features
which are significant sources of recharge of an aquifer which constitutes
the source of water for the municipality. 

PURPOSE

H.B. 2979 will benefit home-rule municipalities by authorizing them to
prevent pollution of and otherwise protect recharge features of
underground aquifers which are a source of water supply for the
municipality. 

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 Sec. 401.002(a), Local Gov. Code, as follows:

 (a) Allows home-rule municipalities to prevent pollution of and prohibit
degradation of recharge features of the water supply of the municipality. 

SECTION 2.   Effective date: September 1, 1997.

SECTION 3.  Emergency Clause


COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 2979 deletes the provisions in SECTION 2 and SECTION 3 of the
original bill.  These sections set specific criteria for protective
measures of recharge features with regard to new development. 

CSHB 2979 does not grant rulemaking authority to the Texas Natural
Resource Conservation Commission.  The original legislation contained this
provision.