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.