75R9301 MI-F
By Chisum H.B. No. 3460
Substitute the following for H.B. No. 3460:
By Howard C.S.H.B. No. 3460
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of emergency and temporary orders and
1-3 permits by the Texas Natural Resource Conservation Commission;
1-4 imposing a civil penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 5, Water Code, is amended by adding
1-7 Subchapter L to read as follows:
1-8 SUBCHAPTER L. EMERGENCY AND TEMPORARY ORDERS
1-9 Sec. 5.501. EMERGENCY AND TEMPORARY ORDER OR PERMIT;
1-10 TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITION. (a) For
1-11 the purposes and in the manner provided by this subchapter, the
1-12 commission:
1-13 (1) may issue a temporary or emergency mandatory,
1-14 permissive, or prohibitory order; and
1-15 (2) by temporary or emergency order may:
1-16 (A) issue a temporary permit; or
1-17 (B) temporarily suspend or amend a permit
1-18 condition.
1-19 (b) The commission may issue an emergency order under this
1-20 subchapter after providing the notice and opportunity for hearing
1-21 that the commission considers practicable under the circumstances
1-22 or without notice or hearing. Except as provided by Section 5.508,
1-23 notice must be given not later than the 10th day before the date
1-24 set for a hearing if the commission requires notice and hearing
2-1 before issuing the order. The commission shall give notice not
2-2 later than the 20th day before the date set for a hearing on a
2-3 temporary order.
2-4 (c) The commission by order or rule may delegate to the
2-5 executive director the authority to:
2-6 (1) receive applications and issue emergency orders
2-7 under this subchapter; and
2-8 (2) authorize, in writing, a representative or
2-9 representatives to act on the executive director's behalf under
2-10 this subchapter.
2-11 (d) Chapter 2001, Government Code, does not apply to the
2-12 issuance of an emergency order under this subchapter without a
2-13 hearing.
2-14 (e) A law under which the commission acts that requires
2-15 notice of hearing or that sets procedures for the issuance of
2-16 permits does not apply to a hearing on an emergency order issued
2-17 under this subchapter unless the law specifically requires notice
2-18 for an emergency order. The commission shall give the general
2-19 notice of the hearing that the commission considers practicable
2-20 under the circumstances.
2-21 (f) An emergency or temporary order issued under this
2-22 subchapter does not vest in the permit holder or recipient any
2-23 rights and expires in accordance with its terms.
2-24 (g) The commission may prescribe rules and adopt fees
2-25 necessary to carry out and administer this subchapter.
2-26 Sec. 5.502. APPLICATION FOR EMERGENCY OR TEMPORARY ORDER. A
2-27 person other than the executive director or the executive
3-1 director's representative who desires an emergency or temporary
3-2 order under this subchapter must submit a sworn written application
3-3 to the commission. The application must:
3-4 (1) describe the condition of emergency or other
3-5 condition justifying the issuance of the order;
3-6 (2) allege facts to support the findings required
3-7 under this subchapter;
3-8 (3) estimate the dates on which the proposed order
3-9 should begin and end;
3-10 (4) describe the action sought and the activity
3-11 proposed to be allowed, mandated, or prohibited; and
3-12 (5) include any other statement or information
3-13 required by this subchapter or by the commission.
3-14 Sec. 5.503. NOTICE OF ISSUANCE. Notice of the issuance of
3-15 an emergency order shall be provided in accordance with commission
3-16 rules.
3-17 Sec. 5.504. HEARING TO AFFIRM, MODIFY, OR SET ASIDE ORDER.
3-18 (a) If the commission, the executive director, or the executive
3-19 director's representative issues an emergency order under this
3-20 subchapter without a hearing, the order shall set a time and place
3-21 for a hearing to affirm, modify, or set aside the emergency order
3-22 to be held before the commission or its designee as soon as
3-23 practicable after the order is issued.
3-24 (b) At or following the hearing required under Subsection
3-25 (a), the commission shall affirm, modify, or set aside the
3-26 emergency order.
3-27 (c) A hearing to affirm, modify, or set aside an emergency
4-1 order shall be conducted in accordance with Chapter 2001,
4-2 Government Code, or commission rules. Commission rules concerning
4-3 a hearing to affirm, modify, or set aside an emergency order must
4-4 provide for presentation of evidence by the applicant under oath,
4-5 presentation of rebuttal evidence, and cross-examination of
4-6 witnesses.
4-7 Sec. 5.505. TERM OF ORDER. An emergency or temporary order
4-8 issued under this subchapter must be limited to a reasonable time
4-9 specified by the order. Except as otherwise provided by this
4-10 subchapter, the term of an emergency order may not exceed 180 days.
4-11 An emergency order may be renewed once for a period not to exceed
4-12 180 days.
4-13 Sec. 5.506. EMERGENCY PERMIT TO DIVERT AND USE WATER;
4-14 AMENDMENT TO WATER RIGHT. (a) Except as provided by Section 5.508
4-15 and after notification to the governor, the commission by emergency
4-16 order may issue a permit to divert and use water or amend an
4-17 existing permit, certified filing, or certificate of adjudication
4-18 for an initial period not to exceed 120 days if the commission
4-19 finds that:
4-20 (1) emergency conditions exist that present an
4-21 imminent threat to the public health, safety, and welfare or the
4-22 environment and that override the necessity to comply with
4-23 established statutory procedures; and
4-24 (2) there is no feasible practicable alternative to
4-25 the emergency authorization. The emergency authorization may be
4-26 renewed once for a period not to exceed 60 days.
4-27 (b) The executive director may issue an emergency order if
5-1 an imminent threat to the public health, safety, and welfare or the
5-2 environment exists that requires emergency action before the
5-3 commission can take action under Subsection (a) and there is no
5-4 feasible alternative. If the executive director issues an
5-5 emergency order under this subsection, the commission shall hold a
5-6 hearing as provided for in Section 5.504 as soon as practicable but
5-7 not later than 10 days after issuance of the order to affirm,
5-8 modify, or set aside the order. The person desiring the emergency
5-9 order must comply with Section 5.504 before the executive director
5-10 may act on the request for emergency action.
5-11 (c) The notice requirements of Section 11.132 relating to
5-12 the time for notice, newspaper notice, and method of giving a
5-13 person notice do not apply to a hearing held on an application for
5-14 an emergency order under this section. The commission shall give
5-15 the general notice of the hearing that the commission considers
5-16 practicable under the circumstances.
5-17 Sec. 5.507. EMERGENCY ORDER FOR TEMPORARY TRANSFER OF USE OF
5-18 WATER RIGHT. (a) The commission by emergency order may grant the
5-19 temporary transfer and use of all or part of a surface water right
5-20 for other than domestic or municipal use to a retail or wholesale
5-21 water supplier for domestic or municipal use.
5-22 (b) The commission may direct the applicant to timely pay
5-23 the amounts for which the applicant may be potentially liable under
5-24 this section and to fully indemnify and hold harmless the state,
5-25 the executive director, and the commission from any and all
5-26 liability for the order sought. The commission may order bond or
5-27 other surety in a form acceptable to the commission as a condition
6-1 for an emergency order under this section. The commission may not
6-2 grant an emergency authorization under this section that would
6-3 cause a violation of a federal regulation.
6-4 (c) A person granted an emergency order under this section
6-5 is liable to the owner from whom the use is transferred for the
6-6 fair market value of the water transferred and for any damages
6-7 proximately caused by the transfer of use. If, within 60 days of
6-8 the termination of the order, the parties do not agree on the
6-9 amount due, or if full payment is not made, either party may file a
6-10 complaint with the commission to determine the amount due.
6-11 (d) The commission by rule shall establish a dispute
6-12 resolution procedure for a complaint filed under this section.
6-13 After exhausting all administrative remedies under this section, an
6-14 aggrieved party may file suit to recover or determine the amount
6-15 due in a district court in the county where the diversion point or
6-16 points of the surface water right the use of which is being
6-17 transferred is located. The prevailing party in a suit filed under
6-18 this subsection is entitled to recover court costs and reasonable
6-19 attorney's fees.
6-20 Sec. 5.508. EMERGENCY SUSPENSION OF PERMIT CONDITION
6-21 RELATING TO BENEFICIAL INFLOWS TO AFFECTED BAYS AND ESTUARIES AND
6-22 INSTREAM USES. (a) The commission by emergency or temporary order
6-23 may suspend a permit condition relating to beneficial inflows to
6-24 affected bays and estuaries and instream uses if the commission
6-25 finds that an emergency exists that cannot practicably be resolved
6-26 in another way.
6-27 (b) The commission must give written notice of the proposed
7-1 suspension to the Parks and Wildlife Department before the
7-2 commission suspends a permit condition under this section. The
7-3 commission shall give the Parks and Wildlife Department an
7-4 opportunity to submit comments on the proposed suspension for a
7-5 period of 72 hours from receipt of the notice and must consider
7-6 those comments before issuing an order imposing the suspension.
7-7 (c) The commission may suspend a permit condition under this
7-8 section without notice except as required by Subsection (b).
7-9 (d) The commission shall notify all affected persons
7-10 immediately by publication.
7-11 Sec. 5.509. EMERGENCY WORKS SAFETY ORDER. The commission
7-12 may issue a mandatory or prohibitory emergency order directing the
7-13 owner of a dam, levee, or other water-storage or flood-control work
7-14 to repair, modify, maintain, dewater, or remove a work if the
7-15 commission finds that:
7-16 (1) the existing condition of the work is causing or
7-17 will cause extensive or severe property damage or economic loss to
7-18 others or is posing an immediate and serious threat to human life
7-19 or health; and
7-20 (2) other procedures available to the commission to
7-21 remedy or prevent the occurrence will result in unreasonable delay.
7-22 Sec. 5.510. EMERGENCY ORDER TO COMPEL WATER OR SEWER
7-23 SERVICE. The commission may issue an emergency order to:
7-24 (1) compel a water or sewer service provider that has
7-25 obtained or is required to obtain a certificate of public
7-26 convenience and necessity to provide continuous and adequate water
7-27 or sewer service, or both, if the commission finds that
8-1 discontinuance of service is imminent or has occurred because of
8-2 the service provider's actions or failure to act;
8-3 (2) compel a retail public utility to provide an
8-4 emergency interconnection with a neighboring retail public utility
8-5 to provide temporary water or sewer service, or both, if the
8-6 commission finds that discontinuance of or serious impairment to
8-7 service is imminent or has occurred; and
8-8 (3) establish reasonable compensation for temporary
8-9 service required under Subdivision (2) and allow the retail public
8-10 utility receiving the service to make a temporary adjustment to its
8-11 rate structure to ensure proper payment.
8-12 Sec. 5.511. EMERGENCY ORDER FOR OPERATION OF UTILITY THAT
8-13 DISCONTINUES OPERATION OR IS REFERRED FOR APPOINTMENT OF RECEIVER.
8-14 The commission may issue an emergency order appointing a willing
8-15 person to temporarily manage and operate a utility under Section
8-16 13.4132. Notice of the action is adequate if the notice is mailed
8-17 or hand delivered to the last known address of the utility's
8-18 headquarters.
8-19 Sec. 5.512. EMERGENCY ORDER FOR RATE INCREASE IN CERTAIN
8-20 SITUATIONS. (a) Notwithstanding the requirements of Section
8-21 13.187, the commission may authorize an emergency rate increase for
8-22 a utility for which a person has been appointed under Section 5.511
8-23 or 13.4132 or for which a receiver has been appointed under Section
8-24 13.412 if the increase is necessary to ensure the provision of
8-25 continuous and adequate services to the utility's customers.
8-26 (b) A utility that receives an emergency rate increase under
8-27 this section shall provide to each ratepayer notice of the increase
9-1 as soon as possible, but not later than the first utility bill
9-2 issued at the new rate.
9-3 (c) Notwithstanding Section 5.505, an order may be issued
9-4 under this section for a term not to exceed 15 months. The
9-5 commission shall schedule a hearing to establish a final rate
9-6 within 15 months after the date on which an emergency rate increase
9-7 takes effect. The additional revenues collected under an emergency
9-8 rate increase are subject to refund if the commission finds that
9-9 the rate increase was larger than necessary to ensure continuous
9-10 and adequate service.
9-11 Sec. 5.513. TEMPORARY OR EMERGENCY ORDER RELATING TO
9-12 DISCHARGE OF WASTE OR POLLUTANTS. (a) The commission may issue an
9-13 emergency or temporary order relating to the discharge of waste or
9-14 pollutants into or adjacent to water in the state if:
9-15 (1) the order is necessary to enable action to be
9-16 taken more expeditiously than is otherwise provided by Chapter 26
9-17 to effectuate the policy and purposes of that chapter; and
9-18 (2) the commission finds that:
9-19 (A) the discharge is unavoidable to prevent loss
9-20 of life, serious injury, severe property damage, or severe economic
9-21 loss or to make necessary and unforeseen repairs to a facility;
9-22 (B) there is no feasible alternative to the
9-23 proposed discharge;
9-24 (C) the discharge will not cause significant
9-25 hazard to human life and health, unreasonable damage to the
9-26 property of persons other than the applicant, or unreasonable
9-27 economic loss to persons other than the applicant; and
10-1 (D) the discharge will not present a significant
10-2 hazard to the uses that will be made of the receiving water after
10-3 the discharge.
10-4 (b) A person desiring a temporary or emergency order under
10-5 this section must submit an application under Section 5.502 that,
10-6 in addition to complying with that section:
10-7 (1) states the volume and quality of the proposed
10-8 discharge;
10-9 (2) explains the measures proposed to minimize the
10-10 volume and duration of the discharge; and
10-11 (3) explains the measures proposed to maximize the
10-12 waste treatment efficiency of units not taken out of service or
10-13 facilities provided for interim use.
10-14 Sec. 5.514. EMERGENCY ORDER CONCERNING UNDERGROUND OR
10-15 ABOVEGROUND STORAGE TANKS. (a) The commission may issue an
10-16 emergency order to the owner or operator of an underground or
10-17 aboveground storage tank regulated under Chapter 26 prohibiting the
10-18 owner or operator from allowing or continuing a release or
10-19 threatened release and requiring the owner or operator to take the
10-20 actions necessary to eliminate the release or threatened release,
10-21 if the commission finds that:
10-22 (1) there is an actual or threatened release of a
10-23 regulated substance; and
10-24 (2) more expeditious action than is otherwise provided
10-25 under Chapter 26 is necessary to protect the public health or
10-26 safety or the environment from harm.
10-27 (b) An emergency order issued under this section must be:
11-1 (1) mailed by certified mail, return receipt
11-2 requested, to each person identified in the order;
11-3 (2) hand delivered to each person identified in the
11-4 order; or
11-5 (3) on failure of service by certified mail or hand
11-6 delivery, served by publication one time in the Texas Register and
11-7 one time in a newspaper with general circulation in each county in
11-8 which any of the persons identified in the order has a last known
11-9 address.
11-10 Sec. 5.515. EMERGENCY ADMINISTRATIVE ORDER TO PERSON
11-11 RESPONSIBLE FOR SOLID WASTE. The commission or the executive
11-12 director may issue an emergency administrative order under Section
11-13 361.272 or 361.274, Health and Safety Code, in the manner provided
11-14 by this subchapter.
11-15 Sec. 5.516. EMERGENCY ORDER CONCERNING ACTIVITY OF SOLID
11-16 WASTE MANAGEMENT. The commission may issue an emergency order
11-17 concerning an activity of solid waste management under the
11-18 commission's jurisdiction, even if that activity is not covered by
11-19 a permit, if the commission finds that an emergency requiring
11-20 immediate action to protect the public health and safety exists.
11-21 Sec. 5.517. EMERGENCY ORDER CONCERNING ON-SITE SEWAGE
11-22 DISPOSAL SYSTEM. The commission may issue an emergency order
11-23 suspending the registration of the installer of an on-site sewage
11-24 disposal system, regulating an on-site sewage disposal system, or
11-25 both, if the commission finds that an emergency exists and that the
11-26 public health and safety is endangered because of the operation of
11-27 an on-site sewage disposal system that does not comply with Chapter
12-1 366, Health and Safety Code, or a rule adopted under that chapter.
12-2 Sec. 5.518. ORDER ISSUED UNDER AIR EMERGENCY. (a) If the
12-3 commission finds that a generalized condition of air pollution
12-4 exists that creates an emergency requiring immediate action to
12-5 protect human health or safety, the commission, with the
12-6 concurrence of the governor, may issue an emergency order requiring
12-7 a person causing or contributing to the air pollution to
12-8 immediately reduce or discontinue the emission of air contaminants.
12-9 (b) If the commission finds that emissions from one or more
12-10 sources are causing imminent danger to human health or safety but
12-11 that there is not a generalized condition of air pollution under
12-12 Subsection (a), the commission may issue an emergency order
12-13 requiring the persons responsible for the emissions to immediately
12-14 reduce or discontinue the emissions.
12-15 (c) Notwithstanding Section 5.504, the commission shall
12-16 affirm, modify, or set aside an order issued under this section not
12-17 later than 24 hours after the hearing under that section begins and
12-18 without adjournment of the hearing.
12-19 (d) This section does not limit any power that the governor
12-20 or another officer may have to declare an emergency and to act on
12-21 that declaration if the power is conferred by law or inheres in the
12-22 office.
12-23 Sec. 5.519. EMERGENCY ORDER BECAUSE OF CATASTROPHE.
12-24 (a) The commission may issue an emergency order authorizing
12-25 immediate action for the addition, replacement, or repair of
12-26 facilities or control equipment necessitated by a catastrophe
12-27 occurring in this state and the emission of air contaminants during
13-1 the addition, replacement, or repair of those facilities if the
13-2 actions and emissions are otherwise precluded under Chapter 382,
13-3 Health and Safety Code.
13-4 (b) An order issued under this section:
13-5 (1) may authorize action only on:
13-6 (A) property on which a catastrophe has
13-7 occurred; or
13-8 (B) other property that is owned by the owner or
13-9 operator of the damaged facility and that produces the same
13-10 intermediates, products, or by-products; and
13-11 (2) must contain a schedule for submitting a complete
13-12 application for a permit under Section 382.0518, Health and Safety
13-13 Code.
13-14 (c) The person applying for an emergency order must
13-15 demonstrate that there will be no more than a de minimis increase
13-16 in the predicted concentration of air contaminants at or beyond the
13-17 property line of the other property on which action is authorized
13-18 under Subsection (b)(1)(B). The commission shall review and act on
13-19 an application submitted as provided by Subsection (b)(2) without
13-20 regard to construction activity under an order under this section.
13-21 (d) An applicant desiring an emergency order under this
13-22 section must submit an application under Section 5.502 that, in
13-23 addition to complying with that section:
13-24 (1) describes the catastrophe;
13-25 (2) states that:
13-26 (A) the construction and emissions are essential
13-27 to prevent loss of life, serious injury, severe property damage, or
14-1 severe economic loss not attributable to the applicant's actions
14-2 and are necessary for the addition, replacement, or repair of a
14-3 facility or control equipment necessitated by the catastrophe;
14-4 (B) there is no practicable alternative to the
14-5 proposed construction and emissions; and
14-6 (C) the emissions will not cause or contribute
14-7 to air pollution;
14-8 (3) estimates the dates on which the proposed
14-9 construction or emissions, or both, will begin and end;
14-10 (4) estimates the date on which the facility will
14-11 begin operation; and
14-12 (5) describes the quantity and type of air
14-13 contaminants proposed to be emitted.
14-14 (e) In this section, "catastrophe" means an unforeseen
14-15 event, including an act of God, an act of war, severe weather,
14-16 explosions, fire, or similar occurrences beyond the reasonable
14-17 control of the operator, that makes a facility or its related
14-18 appurtenances inoperable.
14-19 Sec. 5.520. EMERGENCY ORDER UNDER SECTION 401.056, HEALTH
14-20 AND SAFETY CODE. The commission may issue an emergency order under
14-21 Section 401.056, Health and Safety Code, in the manner provided by
14-22 this subchapter.
14-23 Sec. 5.521. EMERGENCY ORDERS FOR CORRECTIVE ACTION AND
14-24 MEASURES. (a) The commission may issue an emergency order under
14-25 Section 401.270, Health and Safety Code, to a person responsible
14-26 for an activity, including a past activity, concerning the recovery
14-27 or processing of source material or the disposal of by-product
15-1 material that requires any action, including a corrective measure
15-2 that is necessary to correct or remove the threat, if it appears
15-3 that there is an actual or threatened release of source material or
15-4 by-product material that presents an imminent and substantial
15-5 danger to the public health and safety or the environment,
15-6 regardless of whether the activity was lawful at the time.
15-7 (b) An emergency order may be issued under this section to:
15-8 (1) restrain the person from allowing or continuing
15-9 the release; and
15-10 (2) require the person to take any action necessary to
15-11 provide and implement an environmentally sound remedial action plan
15-12 designed to eliminate the release or threatened release.
15-13 (c) An emergency order issued under this section must be:
15-14 (1) mailed by certified mail, return receipt
15-15 requested, to each person identified in the order;
15-16 (2) hand delivered to each person identified in the
15-17 order; or
15-18 (3) on failure of service by certified mail or hand
15-19 delivery, served by publication one time in the Texas Register and
15-20 one time in a newspaper with general circulation in each county in
15-21 which any of the persons identified in the order has a last known
15-22 address.
15-23 (d) If an order issued under this section is adopted without
15-24 notice or hearing, the order must set a time, at least 10 but not
15-25 more than 30 days after the date the order is issued, for a hearing
15-26 to affirm, modify, or set aside the order. All provisions of the
15-27 order remain in effect during the pendency of the hearing unless
16-1 otherwise altered by the commission.
16-2 SECTION 2. Sections 12.052(d), (e), and (f), Water Code, are
16-3 amended to read as follows:
16-4 (d) The commission may issue an emergency works safety order
16-5 under Section 5.509. [If the commission determines that the
16-6 existing condition of the dam is creating or will cause extensive
16-7 or severe property damage or economic loss to others or is posing
16-8 an immediate and serious threat to human life or health and that
16-9 other procedures available to the commission to remedy or prevent
16-10 the occurrence of the situation will result in unreasonable delay,
16-11 the commission may issue an emergency order, either mandatory or
16-12 prohibitory in nature, directing the owner of a dam to repair,
16-13 modify, maintain, dewater, or remove the dam which the commission
16-14 determines is unsafe. The emergency order may be issued without
16-15 notice to the dam owner or with notice the commission considers
16-16 practicable under the circumstances. The notice does not have to
16-17 comply with Chapter 2001, Government Code.]
16-18 (e) [If the commission issues an emergency order under
16-19 authority of this section without notice to the dam owner, the
16-20 commission shall fix a time and place for a hearing which shall be
16-21 held as soon as practicable to affirm, modify, or set aside the
16-22 emergency order. The notice does not have to comply with Chapter
16-23 2001, Government Code. If the nature of the commission's action
16-24 requires further proceedings, those proceedings shall be conducted
16-25 as appropriate under the Administrative Procedure and Texas
16-26 Register Act, as amended (Article 6252-13a, Vernon's Texas Civil
16-27 Statutes).]
17-1 [(f)] Nothing in this section or in rules or orders made by
17-2 the commission shall be construed to relieve an owner or operator
17-3 of a dam or reservoir of the legal duties, obligations, or
17-4 liabilities incident to ownership or operation.
17-5 SECTION 3. Section 13.041(d), Water Code, is amended to read
17-6 as follows:
17-7 (d) The commission may issue an emergency order to compel
17-8 water or sewer service under Section 5.510 [orders, with or without
17-9 a hearing:]
17-10 [(1) to compel a water or sewer service provider that
17-11 has obtained or is required to obtain a certificate of public
17-12 convenience and necessity to provide continuous and adequate water
17-13 service, sewer service, or both, if the discontinuance of the
17-14 service is imminent or has occurred because of the service
17-15 provider's actions or failure to act; and]
17-16 [(2) to compel a retail public utility to provide an
17-17 emergency interconnection with a neighboring retail public utility
17-18 for the provision of temporary water or sewer service, or both, for
17-19 not more than 90 days if service discontinuance or serious
17-20 impairment in service is imminent or has occurred].
17-21 SECTION 4. Section 13.253, Water Code, is amended to read as
17-22 follows:
17-23 Sec. 13.253. Improvements in Service; Interconnecting
17-24 Service. After notice and hearing, the commission may:
17-25 (1) order any retail public utility that is required
17-26 by law to possess a certificate of public convenience and necessity
17-27 to provide specified improvements in its service in a defined area
18-1 if service in that area is inadequate or is substantially inferior
18-2 to service in a comparable area and it is reasonable to require the
18-3 retail public utility to provide the improved service;
18-4 (2) order two or more public utilities or water supply
18-5 or sewer service corporations to establish specified facilities for
18-6 the interconnecting service; or
18-7 (3) issue an emergency order to compel water or sewer
18-8 service, with or without a hearing, under Section 5.510 [13.041 of
18-9 this code].
18-10 SECTION 5. Section 13.4132(b), Water Code, is amended to
18-11 read as follows:
18-12 (b) The commission by emergency order issued under Section
18-13 5.511 may appoint a person under this section and may authorize an
18-14 emergency rate increase under Section 5.512 [by emergency order,
18-15 and notice of the action is adequate if the notice is mailed or
18-16 hand-delivered to the last known address of the utility's
18-17 headquarters].
18-18 SECTION 6. Section 16.236, Water Code, is amended to read as
18-19 follows:
18-20 Sec. 16.236. CONSTRUCTION OF LEVEE WITHOUT APPROVAL OF
18-21 PLANS; LEVEE SAFETY. (a) No person may construct, attempt to
18-22 construct, cause to be constructed, maintain, or cause to be
18-23 maintained any levee or other such improvement on, along, or near
18-24 any stream of this state that is subject to floods, freshets, or
18-25 overflows so as to control, regulate, or otherwise change the
18-26 floodwater of the stream without first obtaining approval of the
18-27 plans by the commission.
19-1 (b) The commission shall make and enforce rules and orders
19-2 and shall perform any other act necessary to provide for the safe
19-3 construction, maintenance, repair, or removal of a levee located in
19-4 this state.
19-5 (c) If the owner of a levee that is required to be
19-6 constructed, reconstructed, repaired, or removed in order to comply
19-7 with the rules adopted and orders issued under Subsection (a)
19-8 wilfully fails or refuses to comply within the 30-day period
19-9 following the date of the commission's order to do so or if a
19-10 person wilfully fails to comply with any rule or other order issued
19-11 by the commission under this section within the 30-day period
19-12 following the effective date of the order, the person is liable for
19-13 a penalty of not more than $25,000 a day for each day the person
19-14 continues to violate this section. The state may bring suit to
19-15 recover the penalty in the district court of Travis County.
19-16 (d) The commission may issue an emergency works safety order
19-17 under Section 5.509.
19-18 (e) Nothing in this section or in rules adopted or orders
19-19 issued by the commission under this section relieves an owner or
19-20 operator of a levee of a legal duty, obligation, or liability
19-21 incident to ownership or operation. [Any person who violates any
19-22 provision of this section is guilty of a misdemeanor and upon
19-23 conviction is punishable by a fine of not more than $100. A
19-24 separate offense is committed each day a structure constructed in
19-25 violation of this section is maintained.]
19-26 [(c) At the request of the executive director, the attorney
19-27 general shall file suit in a district court of Travis County to
20-1 enjoin any violation or threatened violation of this section. In
20-2 the suit, the attorney general may seek to have the illegal levee
20-3 or other improvement removed and the preexisting conditions
20-4 restored and may also collect civil penalties of up to $100 a day
20-5 for each day a violation occurs.]
20-6 [(d) This section does not apply to:]
20-7 [(1) dams permitted by the commission or recognized as
20-8 valid by final decree in any proceeding begun under Subchapter G,
20-9 Chapter 11, of this code;]
20-10 [(2) dams authorized by Section 11.142 of this code;]
20-11 [(3) a levee or other improvement within the corporate
20-12 limits of a city or town provided: (a) plans for the construction
20-13 or maintenance or both must be approved by the city or town as a
20-14 condition precedent to starting the project and (b) the city or
20-15 town requires that such plans be in substantial compliance with
20-16 rules and standards adopted by the commission; or]
20-17 [(4) a levee or other improvement within the
20-18 boundaries of any political subdivision which has qualified for the
20-19 National Flood Insurance Program as authorized by the National
20-20 Flood Insurance Act of 1968 (Title 42, U.S.C., Sections 4001-4127)
20-21 provided: (a) plans for the construction or maintenance or both
20-22 must be approved by the political subdivision which is
20-23 participating in the national flood insurance program as a
20-24 condition precedent to starting the project and (b) the political
20-25 subdivision requires that such plans be in substantial compliance
20-26 with rules and standards adopted by the commission;]
20-27 [(5) projects implementing soil and water conservation
21-1 practices set forth in a conservation plan with a landowner or
21-2 operator and approved by the governing board of a soil and water
21-3 conservation district organized under the State Soil Conservation
21-4 Law, as amended (Article 165a-4, Vernon's Texas Civil Statutes),
21-5 provided that the governing board finds the practices do not
21-6 significantly affect stream flooding conditions on, along, or near
21-7 a state stream.]
21-8 [(e) On projects located within the corporate limits of a
21-9 city or town or within the boundaries of any political subdivision
21-10 which are exempt from the provisions of this section by Subdivision
21-11 (3) or (4) of Subsection (d) above, any person whose property is
21-12 located outside of the corporate limits of such city or town or of
21-13 the boundaries of such a political subdivision and whose property
21-14 is affected or potentially affected by the effect of the project on
21-15 the floodwaters of the stream may appeal the decision of such
21-16 political subdivision. The appeal shall be in writing and shall
21-17 specify the grounds therefor and a copy shall be sent by certified
21-18 mail to the project applicant and to the city or town or such
21-19 political subdivision. The timely filing of such an appeal with
21-20 the executive director suspends the decision of the city or town or
21-21 political subdivision until a final decision is rendered by the
21-22 commission. The executive director shall review the complaint and
21-23 investigate the facts surrounding the nature of the complaint. If
21-24 the executive director finds that the complaint is frivolous or
21-25 nonmeritorious or made solely for purposes of harassment or delay,
21-26 then he shall dismiss the appeal. Otherwise, the executive
21-27 director shall refer the appeal to the commission which shall after
22-1 due notice hold a hearing to determine whether the project should
22-2 be approved using the standards established by the commission and
22-3 shall hear such appeal de novo under the procedural rules
22-4 established by the commission for other reclamation projects.]
22-5 SECTION 7. Section 26.0191, Water Code, is amended to read
22-6 as follows:
22-7 Sec. 26.0191. TEMPORARY OR [AND] EMERGENCY ORDER RELATING
22-8 [ORDERS AND AUTHORIZATIONS] TO DISCHARGE OF WASTE OR POLLUTANTS
22-9 [UNTREATED OR PARTIALLY TREATED WASTEWATER]. [(a)] The commission
22-10 may issue a temporary or emergency order [orders] relating to the
22-11 discharge of waste or pollutants under Section 5.513 [when this is
22-12 necessary to enable action to be taken more expeditiously than is
22-13 otherwise provided by this chapter to effectuate the policy and
22-14 purposes of this chapter].
22-15 [(b) A person desiring to obtain a temporary or emergency
22-16 order to discharge waste or pollutants, including untreated or
22-17 partially treated wastewater, into or adjacent to water in this
22-18 state shall submit a sworn application to the commission containing
22-19 the following information and any other information the commission
22-20 requires:]
22-21 [(1) a statement that the discharge is unavoidable to
22-22 prevent loss of life, serious injury, severe property damage, or
22-23 severe economic loss, or to make necessary and unforeseen repairs
22-24 to a facility, that there are no feasible alternatives to the
22-25 proposed discharge, and that the discharge will not cause
22-26 significant hazard to human life and health, unreasonable damage to
22-27 property of persons other than the applicant, or unreasonable
23-1 economic loss to persons other than the applicant;]
23-2 [(2) a statement that the proposed discharge will not
23-3 present a significant hazard to the uses that may be made of the
23-4 receiving water after the discharge;]
23-5 [(3) an estimate of the dates on which the proposed
23-6 discharge will begin and end;]
23-7 [(4) a statement of the volume and quality of the
23-8 proposed discharge;]
23-9 [(5) an explanation of measures proposed to minimize
23-10 the volume and duration of the discharge; and]
23-11 [(6) an explanation of measures proposed to maximize
23-12 the waste treatment efficiency of units not taken out of service or
23-13 facilities provided for interim use.]
23-14 [(c) The commission may issue emergency orders relating to
23-15 the discharge of waste or pollutants without notice and hearing, or
23-16 with such notice and hearing as the commission considers
23-17 practicable under the circumstances, only if the commission finds
23-18 the applicant's statement made under Subsection (b)(1) of this
23-19 section to be correct.]
23-20 [(d) If the commission issues an emergency order under this
23-21 authority without a hearing, the order shall fix a time and place
23-22 for a hearing to be held before the commission, which shall be held
23-23 as soon after the emergency order is issued as is practicable.]
23-24 [(e) At the hearing, the commission shall affirm, modify, or
23-25 set aside the emergency order. Any hearing on an emergency order
23-26 shall be conducted in accordance with Chapter 2001, Government
23-27 Code, or the rules of the commission. Any set of commission rules
24-1 concerning a hearing on an emergency order must include provisions
24-2 for presentation of evidence by the applicant under oath,
24-3 presentation of rebuttal evidence, and cross-examination of
24-4 witnesses.]
24-5 [(f) If emergency conditions exist which make it necessary
24-6 to take action more expeditiously than is otherwise provided by
24-7 this section, the executive director may authorize the discharge of
24-8 untreated or partially treated wastewater from a permitted facility
24-9 into or adjacent to water in the state if he determines that the
24-10 discharge is unavoidable to prevent loss of life, serious injury,
24-11 severe property damage, or severe economic loss, or to make
24-12 necessary and unforeseen repairs to the facility, that there are no
24-13 feasible alternatives to the discharge, and that the discharge will
24-14 not cause significant hazard to human life and health, unreasonable
24-15 damage to property of persons other than the applicant, or
24-16 unreasonable economic loss to persons other than the applicant. If
24-17 the executive director issues an authorization to discharge under
24-18 this authority, the commission shall hold a hearing as provided for
24-19 in Subsection (d) of this section as soon as practicable but in no
24-20 event later than 10 days after issuance of the authorization to
24-21 affirm, modify or set aside the authorization. The requirements of
24-22 Subsection (b) of this section shall be satisfied by the applicant
24-23 on or before such hearing date.]
24-24 [(g) The requirements of Section 26.022 of this code
24-25 relating to the time for notice, newspaper notice, and method of
24-26 giving a person notice do not apply to a hearing held on an
24-27 emergency permit under this section, but such general notice of the
25-1 hearing shall be given as the commission, under Subsections (c) and
25-2 (e) of this section, considers practicable under the circumstances.]
25-3 [(h) Temporary orders other than emergency orders require a
25-4 hearing before issuance of the order. The commission shall give
25-5 notice not less than 20 days before the date set for the hearing.]
25-6 SECTION 8. Section 26.021(a), Water Code, is amended to read
25-7 as follows:
25-8 (a) The [Except for those hearings required to be held
25-9 before the commission under Section 26.0191(b) of this code, the]
25-10 commission may authorize the chief administrative law judge of the
25-11 State Office of Administrative Hearings to call and hold hearings
25-12 on any subject on which the commission may hold a hearing.
25-13 SECTION 9. Section 26.022(a), Water Code, is amended to read
25-14 as follows:
25-15 (a) Except as otherwise provided in Sections 5.501, 5.504,
25-16 5.513, [26.0191] and 26.176 [of this code], the provisions of this
25-17 section apply to all hearings conducted in compliance with this
25-18 chapter.
25-19 SECTION 10. Section 26.354, Water Code, is amended to read
25-20 as follows:
25-21 Sec. 26.354. Emergency Orders. The commission [(a)
25-22 Notwithstanding any other provision of this chapter, the executive
25-23 director] may issue an emergency order [orders] to an owner or
25-24 operator of [the persons identified in Subsection (e) of this
25-25 section if it appears that:]
25-26 [(1) there is an actual or threatened release of a
25-27 regulated substance from] an underground or aboveground storage
26-1 tank under Section 5.514[; and]
26-2 [(2) the executive director determines that more
26-3 expeditious corrective action than is otherwise provided for under
26-4 this chapter is necessary to protect the public health and safety
26-5 or the environment from harm].
26-6 [(b) An order issued under Subsection (a) of this section
26-7 may prohibit a person from allowing or continuing the release or
26-8 threatened release and require the person to take the actions
26-9 necessary to eliminate the release or threatened release.]
26-10 [(c) An emergency order issued under this section shall be:]
26-11 [(1) mailed by certified mail, return receipt
26-12 requested, to each person identified in the order;]
26-13 [(2) hand delivered to each person identified in the
26-14 order; or]
26-15 [(3) on failure of service by certified mail or hand
26-16 delivery, served by publication one time in the Texas Register and
26-17 one time in a newspaper with general circulation in each county in
26-18 which any of the persons had a last known address.]
26-19 [(d) An emergency order issued under this section does not
26-20 require notice or an adjudicative hearing before its issuance. If
26-21 the executive director issues an order under this section, the
26-22 commission shall fix a time and place for a hearing to affirm,
26-23 modify, or set aside the emergency order issued by the executive
26-24 director. The hearing before the commission shall be held as soon
26-25 as practicable after the issuance of the emergency order.]
26-26 [(e) The executive director may issue orders under this
26-27 section to the following persons:]
27-1 [(1) the owner of an underground or aboveground
27-2 storage tank; or]
27-3 [(2) the operator of an underground or aboveground
27-4 storage tank.]
27-5 SECTION 11. Section 361.274, Health and Safety Code, is
27-6 amended to read as follows:
27-7 Sec. 361.274. No Prior Notice Concerning Administrative
27-8 Order. An administrative order under Section 361.272 does not
27-9 require prior notice or an adjudicative hearing before the
27-10 commission. An emergency administrative order may be issued under
27-11 Subchapter L, Chapter 5, Water Code.
27-12 SECTION 12. Section 361.301, Health and Safety Code, is
27-13 amended to read as follows:
27-14 Sec. 361.301. Emergency Order. [(a)] The commission may
27-15 issue an emergency mandatory, permissive, or prohibitory order
27-16 concerning an activity of solid waste management under its
27-17 jurisdiction under Section 5.516, Water Code, even if the activity
27-18 is not covered by a permit[, if the commission determines that an
27-19 emergency requiring immediate action to protect the public health
27-20 and safety or the environment exists].
27-21 [(b) The order may be issued without notice and hearing or
27-22 with notice and hearing the commission considers practicable under
27-23 the circumstances.]
27-24 [(c) If an emergency order is issued under this section
27-25 without a hearing, the commission shall set a time and place for a
27-26 hearing to be held in accordance with the rules of the commission
27-27 to affirm, modify, or set aside the emergency order.]
28-1 [(d) The requirements of Section 361.088 concerning public
28-2 notice do not apply to the hearing, but general notice of the
28-3 hearing shall be given in accordance with the rules of the
28-4 commission.]
28-5 SECTION 13. Section 366.016, Health and Safety Code, is
28-6 amended to read as follows:
28-7 Sec. 366.016. Emergency Orders. The [(a) If the]
28-8 commission or authorized agent may issue an emergency order
28-9 concerning an on-site sewage disposal system under Section 5.517,
28-10 Water Code [determines that an emergency exists and that the public
28-11 health or safety is endangered because of the operation of an
28-12 on-site sewage disposal system that does not comply with this
28-13 chapter or a rule adopted under this chapter, the commission or
28-14 authorized agent by order may:]
28-15 [(1) suspend the registration of the installer;]
28-16 [(2) regulate the on-site sewage disposal system; or]
28-17 [(3) both suspend the registration and regulate the
28-18 system].
28-19 [(b) The order may be issued without notice and hearing.]
28-20 [(c) If the emergency order is issued without a hearing, the
28-21 commission or authorized agent shall set a time and place for a
28-22 hearing to affirm, modify, or set aside the emergency order to be
28-23 held not later than the 30th day after the date on which the
28-24 emergency order is issued.]
28-25 [(d) General notice of the hearing shall be given in
28-26 accordance with the laws of this state and rules adopted by the
28-27 commission or authorized agent.]
29-1 [(e) The hearing shall be conducted in accordance with the
29-2 commission's rules or laws and rules governing the authorized
29-3 agent.]
29-4 SECTION 14. Section 382.026, Health and Safety Code, is
29-5 amended to read as follows:
29-6 Sec. 382.026. Orders Issued Under Emergencies. The
29-7 commission may issue an order under an air emergency under Section
29-8 5.518, Water Code. [(a) When it appears to the commission or the
29-9 executive director that there exists a generalized condition of air
29-10 pollution that creates an emergency requiring immediate action to
29-11 protect human health or safety, the commission or the executive
29-12 director shall, with the governor's concurrence, order any person
29-13 causing or contributing to the air pollution immediately to reduce
29-14 or discontinue the emission of air contaminants.]
29-15 [(b) If the commission or the executive director finds that
29-16 emissions from one or more sources are causing imminent danger to
29-17 human health or safety, but that there is not a generalized
29-18 condition of air pollution under Subsection (a), the commission or
29-19 the executive director may order the persons responsible for the
29-20 emissions immediately to reduce or discontinue the emissions.]
29-21 [(c) An order issued under this section must set a time and
29-22 place of a hearing to be held before the commission as soon after
29-23 the order is issued as practicable.]
29-24 [(d) Section 382.031, relating to notice of a hearing, does
29-25 not apply to a hearing under this section, but a general notice of
29-26 the hearing shall be given that is, in the judgment of the
29-27 commission or the executive director, practicable under the
30-1 circumstances. The commission shall affirm, modify, or set aside
30-2 the order not later than 24 hours after the hearing begins and
30-3 without adjournment of the hearing.]
30-4 [(e) This section does not limit any power that the governor
30-5 or other officer may have to declare an emergency and to act on the
30-6 basis of that declaration if the power is conferred by law or
30-7 inheres in the office.]
30-8 SECTION 15. Section 382.030(b), Health and Safety Code, is
30-9 amended to read as follows:
30-10 (b) Except for hearings required to be held before the
30-11 commission under Section 5.504, Water Code [Section 382.026], the
30-12 commission may authorize the executive director to:
30-13 (1) call and hold a hearing on any subject on which
30-14 the commission may hold a hearing; and
30-15 (2) delegate the authority to hold any hearing called
30-16 by the executive director to one or more commission employees.
30-17 SECTION 16. Section 382.031(e), Health and Safety Code, is
30-18 amended to read as follows:
30-19 (e) This section applies to all hearings held under this
30-20 chapter except as otherwise specified by Section 382.017[, 382.026,
30-21 or 382.063].
30-22 SECTION 17. Section 382.063, Health and Safety Code, is
30-23 amended to read as follows:
30-24 Sec. 382.063. Issuance of Emergency Order Because of
30-25 Catastrophe. [(a)] The commission may issue an emergency order
30-26 because of catastrophe under Section 5.519, Water Code [or the
30-27 executive director, on delegation of authority from the commission,
31-1 by emergency order may authorize immediate action for the addition,
31-2 replacement, or repair of facilities or control equipment
31-3 necessitated by a catastrophe occurring in this state, and the
31-4 emission of air contaminants during the addition, replacement, or
31-5 repair of those facilities, if the actions and emissions are
31-6 otherwise precluded under this chapter].
31-7 [(b) An order issued under this section must:]
31-8 [(1) be limited to a reasonable time specified by the
31-9 order;]
31-10 [(2) authorize action only on:]
31-11 [(A) property on which the catastrophe occurred;
31-12 or]
31-13 [(B) other property that is owned by the owner
31-14 or operator of the damaged facility and that produces the same
31-15 intermediates, products, or by-products; and]
31-16 [(3) contain a schedule for submission of a complete
31-17 application under Section 382.051.]
31-18 [(c) Under Subsection (b)(2)(B), the person applying for an
31-19 emergency order must demonstrate that there will be no more than a
31-20 de minimis increase in the predicted concentration of the air
31-21 contaminants at or beyond the property line of the other property.
31-22 The commission shall review and act on an application submitted as
31-23 provided by Subsection (b)(3) without regard to construction
31-24 activity under an order under this section.]
31-25 [(d) To receive an emergency order under this section, a
31-26 person must submit a sworn application to the commission or
31-27 executive director. The application must contain any information
32-1 the commission requires and:]
32-2 [(1) a description of the catastrophe;]
32-3 [(2) a statement that:]
32-4 [(A) the construction and emissions are
32-5 essential to prevent loss of life, serious injury, severe property
32-6 damage, or severe economic loss not attributable to the applicant's
32-7 actions and are necessary for the addition, replacement, or repair
32-8 of a facility or control equipment necessitated by the catastrophe;]
32-9 [(B) there are no practicable alternatives to
32-10 the proposed construction and emissions; and]
32-11 [(C) the emissions will not cause or contribute
32-12 to air pollution;]
32-13 [(3) an estimate of the dates on which the proposed
32-14 construction or emissions, or both, will begin and end;]
32-15 [(4) an estimate of the date on which the facility
32-16 will begin operation; and]
32-17 [(5) a description of the quantity and type of air
32-18 contaminants proposed to be emitted.]
32-19 [(e) The commission or executive director may issue an
32-20 emergency order under this section after providing the notice and
32-21 opportunity for hearing that the commission or executive director
32-22 considers practicable under the circumstances. If the commission
32-23 requires notice and hearing before issuing the order, it shall give
32-24 notice not later than the 10th day before the date set for the
32-25 hearing.]
32-26 [(f) Notice of the issuance of an emergency order shall be
32-27 provided in accordance with commission rules.]
33-1 [(g) If the commission or executive director issues an
33-2 emergency order under this section without a hearing, the order
33-3 shall set a time and place for a hearing to be held before the
33-4 commission or its designee as soon after the emergency order is
33-5 issued as practicable.]
33-6 [(h) Section 382.031, relating to notice of a hearing, does
33-7 not apply to a hearing on an emergency order, but such general
33-8 notice of the hearing shall be given that in the judgment of the
33-9 commission or the executive director is practicable under the
33-10 circumstances.]
33-11 [(i) At or following the hearing, the commission shall
33-12 affirm, modify, or set aside the emergency order. A hearing on an
33-13 emergency order shall be conducted in accordance with Chapter 2001,
33-14 Government Code and commission rules.]
33-15 [(j) In this section, "catastrophe" means an unforeseen
33-16 event, including an act of God, an act of war, severe weather,
33-17 explosions, fire, or similar occurrences beyond the reasonable
33-18 control of the operator that makes a facility or its functionally
33-19 related appurtenances inoperable.]
33-20 SECTION 18. Section 401.056, Health and Safety Code, is
33-21 amended by adding Subsection (g) to read as follows:
33-22 (g) The commission by order or rule may delegate its
33-23 authority under this section to its executive director.
33-24 SECTION 19. Section 401.270, Health and Safety Code, is
33-25 amended to read as follows:
33-26 Sec. 401.270. Corrective Action and Measures. (a) If the
33-27 commission finds that by-product material or the operation by which
34-1 that by-product material is derived threatens the public health and
34-2 safety or the environment, the commission by order may require any
34-3 action, including a corrective measure, that is necessary to
34-4 correct or remove the threat.
34-5 (b) [The commission may issue an emergency order to a person
34-6 responsible for an activity, including a past activity, concerning
34-7 the recovery or processing of source material or the disposal of
34-8 by-product material if it appears that there is an actual or
34-9 threatened release of source material or by-product material that
34-10 presents an imminent and substantial danger to the public health
34-11 and safety or the environment, regardless of whether the activity
34-12 was lawful at the time. The emergency order may be issued without
34-13 notice or hearing.]
34-14 [(c) An emergency order may be issued under Subsection (b)
34-15 to:]
34-16 [(1) restrain the person from allowing or continuing
34-17 the release or threatened release; and]
34-18 [(2) require the person to take any action necessary
34-19 to provide and implement an environmentally sound remedial action
34-20 plan designed to eliminate the release or threatened release.]
34-21 [(d) An emergency order issued under Subsection (b) shall:]
34-22 [(1) be delivered to the person identified by the
34-23 order by certified mail, return receipt requested;]
34-24 [(2) be delivered by hand delivery to the person
34-25 identified by the order; or]
34-26 [(3) on failure of delivery of the order by certified
34-27 mail or hand delivery, be served on the person by publication:]
35-1 [(A) once in the Texas Register; and]
35-2 [(B) once in a newspaper of general circulation
35-3 in each county in which was located the last known address of a
35-4 person identified by the order.]
35-5 [(e)] The commission shall use the security provided by the
35-6 license holder to pay the costs of actions that are taken or that
35-7 are to be taken under this section. The commission shall send to
35-8 the comptroller a copy of its order together with necessary written
35-9 requests authorizing the comptroller to:
35-10 (1) enforce security supplied by the licensee;
35-11 (2) convert an amount of security into cash, as
35-12 necessary; and
35-13 (3) disburse from the security in the fund the amount
35-14 necessary to pay the costs.
35-15 (c) The commission may issue an emergency order under this
35-16 section as provided by Section 5.521, Water Code.
35-17 [(f) If the order issued by the commission pursuant to this
35-18 section is adopted without notice or hearing, the order shall set a
35-19 time, at least 10 but not more than 30 days following the date of
35-20 issuance of the emergency order, and a place for a hearing to be
35-21 held in accordance with the rules of the commission. As a result
35-22 of this hearing, the commission shall decide whether to affirm,
35-23 modify, or set aside the emergency order. All provisions of the
35-24 emergency order shall remain in force and effect during the
35-25 pendency of the hearing, unless otherwise altered by the
35-26 commission.]
35-27 SECTION 20. Sections 11.139, 11.148, 13.041(f), and 13.4133,
36-1 Water Code, are repealed.
36-2 SECTION 21. (a) This Act takes effect September 1, 1997.
36-3 (b) Subchapter L, Chapter 5, Water Code, as added by this
36-4 Act, applies only to the issuance of an emergency or temporary
36-5 order concerning an act or occurrence that takes place on or after
36-6 September 1, 1997. The issuance of an emergency or temporary order
36-7 concerning an act or occurrence that takes place before September
36-8 1, 1997, is governed by the law in effect at the time the act or
36-9 occurrence took place, and the former law is continued in effect
36-10 for that purpose.
36-11 (c) The change in law made by Section 6 of this Act applies
36-12 only to a violation of an order issued under Section 16.236, Water
36-13 Code, as amended by this Act, that occurs on or after September 1,
36-14 1997. A violation that occurs before that date is governed by the
36-15 law in effect at the time the violation occurred, and the former
36-16 law is continued in effect for that purpose.
36-17 SECTION 22. The importance of this legislation and the
36-18 crowded condition of the calendars in both houses create an
36-19 emergency and an imperative public necessity that the
36-20 constitutional rule requiring bills to be read on three several
36-21 days in each house be suspended, and this rule is hereby suspended.