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.