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.