By Puente                                       H.B. No. 2979

      75R5470 SMH-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the protection of the water supply of a municipality.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 401.002(a), Local Government Code, is

 1-5     amended to read as follows:

 1-6           (a)  A home-rule municipality may prohibit the pollution or

 1-7     degradation of and may police a stream, drain, recharge feature,

 1-8     recharge area, or tributary that may constitute or recharge the

 1-9     source of water supply of any municipality.

1-10           SECTION 2.  Chapter 401, Local Government Code, is amended by

1-11     adding Sections 401.004 and 401.005 to read as follows:

1-12           Sec. 401.004.  PROTECTION OF CERTAIN RECHARGE FEATURES.  (a)

1-13     A home-rule municipality may not grant any final approval of a

1-14     development under any municipal ordinance unless the owner of the

1-15     tract on which the development occurs constructs a buffer

1-16     surrounding each recharge feature that:

1-17                 (1)  is located on the tract;

1-18                 (2)  is highly significant according to criteria

1-19     adopted by the Texas Natural Resource Conservation Commission;

1-20                 (3)  drains at least 10 acres in a watershed; and

1-21                 (4)  recharges the sole source of the water supply of a

1-22     municipality.

1-23           (b)  The buffer must be sufficient to prevent contamination

1-24     of the water supply from one-half inch of runoff following a storm

 2-1     event.

 2-2           (c)  If the slope of the land surrounding the recharge

 2-3     feature:

 2-4                 (1)  does not exceed 2.5 percent, the buffer must be at

 2-5     least 60 feet wide;

 2-6                 (2)  exceeds 2.5 percent but does not exceed 5 percent,

 2-7     the buffer must be at least 70 feet wide;

 2-8                 (3)  exceeds 5 percent but does not exceed 7.5 percent,

 2-9     the buffer must be at least 80 feet wide;

2-10                 (4)  exceeds 7.5 percent but does not exceed 10

2-11     percent, the buffer must be at least 90 feet wide; or

2-12                 (5)  exceeds 10 percent, the buffer must be at least

2-13     100 feet wide.

2-14           (d)  The width of the buffer is measured from the outer

2-15     perimeter of the recharge feature.

2-16           (e)  The recharge feature may not be sealed and must be

2-17     maintained in its natural condition.

2-18           (f)  The Texas Natural Resource Conservation Commission by

2-19     rule shall adopt criteria for determining whether a recharge

2-20     feature is highly significant.  The criteria may include:

2-21                 (1)  the feature's vertical length;

2-22                 (2)  the size of the feature's aperture;

2-23                 (3)  the relative infiltration of the feature;

2-24                 (4)  the size of the area drained by the feature;

2-25                 (5)  the topography of the area in which the feature is

2-26     located; and

2-27                 (6)  the potential recharge of the feature.

 3-1           Sec. 401.005.  GEOLOGIC SITE ASSESSMENT.  (a)  A home-rule

 3-2     municipality may not grant any final approval of a residential

 3-3     development under any municipal ordinance unless the owner of the

 3-4     tract on which the development occurs provides the municipality

 3-5     with:

 3-6                 (1)  a geologic assessment of the tract; and

 3-7                 (2)  a water pollution abatement plan for the tract.

 3-8           (b)  This section does not apply to a single-family

 3-9     residential development consisting of fewer than five residences.

3-10           SECTION 3.  Sections 401.004 and 401.005, Local Government

3-11     Code, as added by this Act, apply only to a development for which

3-12     the preparation of the site begins on or after the effective date

3-13     of this Act.  A development for which the preparation of the site

3-14     began before the effective date of this Act is governed by the law

3-15     as it existed immediately before the effective date of this Act,

3-16     and that law is continued in effect for that purpose.

3-17           SECTION 4.  This Act takes effect September 1, 1997.

3-18           SECTION 5.  The importance of this legislation and the

3-19     crowded condition of the calendars in both houses create an

3-20     emergency and an imperative public necessity that the

3-21     constitutional rule requiring bills to be read on three several

3-22     days in each house be suspended, and this rule is hereby suspended.