By Talton H.B. No. 3322
75R9150 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the Texas Natural Resource
1-3 Conservation Commission to grant exemptions to rules regarding
1-4 pollution control or abatement.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended
1-7 by adding Section 5.123 to read as follows:
1-8 Sec. 5.123. REGULATORY FLEXIBILITY. (a) The commission by
1-9 order may exempt an applicant from a requirement of a commission
1-10 rule regarding the control or abatement of pollution if the
1-11 applicant proposes to control or abate pollution by an alternative
1-12 method or by applying an alternative standard that is:
1-13 (1) at least as protective of the environment and the
1-14 public health as the method or standard prescribed by the
1-15 commission rule that would otherwise apply; and
1-16 (2) consistent with state and federal law.
1-17 (b) The commission by rule shall specify the procedure for
1-18 obtaining an exemption under this section. The rules must provide
1-19 for notice to affected persons and for public participation in a
1-20 proceeding involving an application for an exemption under this
1-21 section.
1-22 (c) The commission's order must provide a specific
1-23 description of the alternative method or standard and condition the
1-24 exemption on compliance with the method or standard as the order
2-1 prescribes.
2-2 (d) The commission by rule may establish a reasonable fee
2-3 for applying for an exemption under this section.
2-4 (e) A violation of an order issued under this section is
2-5 punishable as if it were a violation of the rule from which the
2-6 order grants an exemption.
2-7 SECTION 2. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended,
2-12 and that this Act take effect and be in force from and after its
2-13 passage, and it is so enacted.