JBM S.B. 757 75(R)BILL ANALYSIS


NATURAL RESOURCES
S.B. 757
By: Wentworth (Lewis, Ron)
4-2-97
Committee Report (Unamended)



BACKGROUND 

Currently, a water quality protection zone  (zone) may be created if the
zone encompasses 500 acres or more and the land in the zone is wholly
located in the extraterritorial jurisdiction area of a municipality that
has been subjected previously to three or more water quality ordinances or
amendments thereto.  Questions have arisen with regard to the ability of a
municipality to abolish an existing zone by vacating or abandoning
extraterritorial jurisdiction within a zone, thereby reducing the size of
the zone to less than 500 acres.  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.   

This bill will provide that if, as a result of an action by a
municipality, a portion of a water quality protection zone is located
outside the municipality's extraterritorial jurisdiction, the entire zone
is deemed to be removed from the municipality's extraterritorial
jurisdiction.                       

PURPOSE

To provide that if, as a result of an action by a municipality, a portion
of a water quality protection zone is located outside the municipality's
extraterritorial jurisdiction, the entire zone is deemed to be removed
from the municipality's extraterritorial jurisdiction.
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 that an entire water quality protection zone (zone) is
removed from a municipality's extraterritorial jurisdiction if a
municipality's action results in part of a zone being located outside the
municipality's extraterritorial jurisdiction.  Prohibits a zone removed
from a municipality's extraterritorial jurisdiction from being brought
into the municipality's extraterritorial jurisdiction before the 20th
anniversary of the date the zone was designated.  Requires the Texas
Natural Resource Conservation Commission (TNRCC), in addition to the fees
authorized under Subsection (g), to adopt and assess reasonable and
necessary fees adequate to recover TNRCC's costs in monitoring water
quality associated with water quality protection zones.

SECTION 2. Makes application of Section 1 of this Act prospective from
January 1, 1997.    

SECTION 3. Emergency clause. Effective date: upon passage.