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.