By Chisum                                             H.B. No. 3460

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                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           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 5, Water Code, is amended by adding

 1-6     Subchapter K to read as follows:

 1-7                SUBCHAPTER K.  EMERGENCY AND TEMPORARY ORDERS

 1-8           Sec. 5.401.  EMERGENCY AND TEMPORARY ORDERS AND PERMITS;

 1-9     TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS.  (a)  The

1-10     commission may issue temporary or emergency mandatory, permissive,

1-11     or prohibitory orders, temporarily issue permits by temporary or

1-12     emergency order, or temporarily suspend or amend permit conditions

1-13     by temporary or emergency order for the purposes and in the manner

1-14     provided by this subchapter.

1-15           (b)  The commission may issue an emergency order under this

1-16     subchapter after providing the notice and opportunity for hearing

1-17     that the commission considers practicable under the circumstances

1-18     or without notice or hearing.  Except as provided by Section 5.403,

1-19     if the commission requires notice and hearing before issuing the

1-20     order, notice shall be given not later than the 10th day before the

1-21     date set for the hearing.  The commission shall give notice not

1-22     later than the 20th day before the date set for a hearing on a

 2-1     temporary order.

 2-2           (c)  The commission may by order or rule delegate to the

 2-3     executive director the authority to receive applications and issue

 2-4     emergency orders under this subchapter and to authorize a

 2-5     representative or representatives in writing to act on the

 2-6     executive director's behalf under this subchapter.

 2-7           (d)  Any person other than the executive director or the

 2-8     executive director's representative who desires an emergency or

 2-9     temporary order under this subchapter must submit a sworn written

2-10     application to the commission.  The application must contain:

2-11                 (1)  a description of the condition of emergency or

2-12     other condition justifying the issuance of the order;

2-13                 (2)  a statement setting forth facts which support the

2-14     findings required under this subchapter;

2-15                 (3)  an estimate of the dates on which the proposed

2-16     order should begin and end;

2-17                 (4)  a description of the action sought and the

2-18     activity proposed to be allowed, mandated, or prohibited; and

2-19                 (5)  any other statements or information required by

2-20     this subchapter or by the commission.

2-21           (e)  If the commission or the executive director or the

2-22     executive director's representative issues an emergency order under

2-23     this subchapter without a hearing, the order shall set a time and

2-24     place for a hearing to be held before the commission or its

2-25     designee as soon as practicable after the order is issued.

2-26           (f)  At or following the hearing required under Subsection

2-27     (e), the commission shall affirm, modify, or set aside the

 3-1     emergency order.  A hearing to affirm, modify, or set aside an

 3-2     emergency order shall be conducted in accordance with Chapter 2001,

 3-3     Government Code, and commission rules.  Commission rules concerning

 3-4     hearings to affirm, modify, or set aside emergency orders must

 3-5     include provisions for presentation of evidence by the applicant

 3-6     under oath, presentation of rebuttal evidence, and

 3-7     cross-examination of witnesses.

 3-8           (g)  An emergency or a temporary order issued under this

 3-9     subchapter must be limited to a reasonable time specified by the

3-10     order.  The term of an emergency order may not exceed 120 days.  An

3-11     emergency order may be renewed once for not longer than 60 days.

3-12           (h)  Notice of the issuance of an emergency order shall be

3-13     provided in accordance with commission rules.

3-14           (I)  Chapter 2001, Government Code, does not apply to the

3-15     issuance of an emergency order under this subchapter without a

3-16     hearing.

3-17           (j)  Sections of the statutes under which the commission acts

3-18     and which require notice of hearing or which set procedures for the

3-19     issuance of permits do not apply to a hearing on an emergency order

3-20     issued under this subchapter unless they specifically require

3-21     notice for emergency orders, but such general notice of the hearing

3-22     shall be given as in the judgment of the commission is practicable

3-23     under the circumstances.

3-24           (k)  An emergency or temporary order issued under this

3-25     subchapter does not vest in the permittee or grantee any rights and

3-26     shall expire and be canceled in accordance with its terms.

3-27           (l)  The commission may prescribe rules and adopt fees which

 4-1     are necessary to carry out the provisions of this subchapter.

 4-2           Sec. 5.402.  EMERGENCY ORDERS, PERMITS FOR DIVERSION AND USE

 4-3     OF WATER, AND AMENDMENTS TO WATER RIGHTS; TEMPORARY TRANSFERS OF

 4-4     USE OF WATER RIGHTS.  (a)  Except as provided by Section 5.403 of

 4-5     this code, the commission may by emergency order issue a permit for

 4-6     the diversion and use of water, an order, or an amendment to an

 4-7     existing water right if it finds that emergency conditions exist

 4-8     which present an imminent threat to the public health, safety, and

 4-9     welfare or the environment and which override the necessity to

4-10     comply with established statutory procedures and there are no

4-11     feasible practicable alternatives to the emergency authorization.

4-12           (b)  If an imminent threat to the public health, safety, and

4-13     welfare or the environment exists which requires emergency action

4-14     before the commission can take action as provided by Subsection (a)

4-15     of this section and there are no feasible alternatives, the

4-16     executive director may grant an emergency order. If the executive

4-17     director issues an emergency order under this subsection, the

4-18     commission shall hold a hearing as provided for in Section 5.401 of

4-19     this Subchapter as soon as practicable but in no event later than

4-20     10 days after issuance of the authorization to affirm, modify, or

4-21     set aside the order. The requirements of Section 5.401, Subsection

4-22     (d) of this subchapter shall be satisfied by the applicant on or

4-23     before such hearing date.

4-24           (c)  The requirements of Section 11.132 of this code relating

4-25     to the time for notice, newspaper notice, and method of giving a

4-26     person notice do not apply to a hearing held on an application for

4-27     an emergency order under this section, but such general notice of

 5-1     the hearing shall be given as the commission considers practicable

 5-2     under the circumstances.

 5-3           (d)  The commission may grant an emergency order under this

 5-4     section for the temporary transfer and use of all or part of a

 5-5     surface water right for other than domestic or municipal use to a

 5-6     retail or wholesale water supplier for domestic or municipal use.

 5-7     In addition to the requirements contained in Section 5.401,

 5-8     Subsection (b) of this subchapter, the commission may direct that

 5-9     the applicant will timely pay the amounts for which the applicant

5-10     may be potentially liable under this subsection and will fully

5-11     indemnify and hold harmless the state, the executive director, and

5-12     the commission from any and all liability for the order sought. The

5-13     commission may order bond or other surety in a form acceptable to

5-14     the commission as a condition for such emergency order.

5-15           (e)  The person granted an emergency order under Subsection

5-16     (d) of this section is liable to the owner from whom the use is

5-17     transferred for the fair market value of the water transferred as

5-18     well as for any damages proximately caused by the transfer of use.

5-19     If, within 60 days of the termination of the order, the parties do

5-20     not agree on the amount due, or if full payment is not made, either

5-21     party may file a complaint with the commission to determine the

5-22     amount due. The commission shall adopt rules establishing a dispute

5-23     resolution procedure for a complaint filed under this subsection.

5-24     After exhausting all administrative remedies under this subsection,

5-25     an aggrieved party may file suit to recover or determine the amount

5-26     due in a district court in the county where the diversion point or

5-27     points of the surface water right which use is being transferred is

 6-1     located. The prevailing party in a suit filed under this subsection

 6-2     is entitled to recover court costs and reasonable attorney's fees.

 6-3           Sec. 5.403.  EMERGENCY SUSPENSION OF PERMIT CONDITIONS

 6-4     RELATING TO BENEFICIAL INFLOWS TO AFFECTED BAYS AND ESTUARIES AND

 6-5     INSTREAM USES.  (a)  The commission may by emergency or temporary

 6-6     order suspend permit conditions relating to beneficial inflows to

 6-7     affected bays and estuaries and instream uses when the commission

 6-8     finds that an emergency exists that cannot practicably be resolved

 6-9     in other ways.

6-10           (b)  Before the commission suspends a permit condition under

6-11     this section, written notice of the proposed suspension must be

6-12     given to the Parks and Wildlife Department.  The commission shall

6-13     give the Parks and Wildlife Department an opportunity to submit

6-14     comments on the proposed suspension for a period of 72 hours from

6-15     receipt of such notice and shall consider those comments before

6-16     issuing an order imposing the suspension.

6-17           (c)  The commission may suspend permit conditions under this

6-18     section without notice to any other interested party other than the

6-19     Parks and Wildlife Department as provided by Subsection (b).

6-20     However, all affected persons shall be notified immediately by

6-21     publication.

6-22           Sec. 5.404.  EMERGENCY WORKS SAFETY ORDERS.  The commission

6-23     may issue an emergency order, either mandatory or prohibitory in

6-24     nature, directing the owner of a dam, levee, or other water-storage

6-25     or flood-control work to repair, modify, maintain, dewater, or

6-26     remove a work if the commission finds that the existing condition

6-27     of the work is causing or will cause extensive or severe property

 7-1     damage or economic loss to others or is posing an immediate and

 7-2     serious threat to human life or health and that other procedures

 7-3     available to the commission to remedy or prevent the occurrence

 7-4     will result in unreasonable delay.

 7-5           Sec. 5.405.  EMERGENCY ORDERS TO COMPEL WATER OR SEWER

 7-6     SERVICE.  The commission may issue an emergency order to:

 7-7                 (1)  compel a water or sewer service provider that has

 7-8     obtained or is required to obtain a certificate of public

 7-9     convenience and necessity to provide continuous and adequate water

7-10     or sewer service, or both, if it finds that the discontinuance of

7-11     the service is imminent or has occurred because of the service

7-12     provider's actions or failure to act;

7-13                 (2)  compel a retail public utility to provide an

7-14     emergency interconnection with a neighboring retail public utility

7-15     for the provision of temporary water or sewer service, or both, if

7-16     it finds that service discontinuance or serious impairment in

7-17     service is imminent or has occurred; and

7-18                 (3)  establish reasonable compensation for temporary

7-19     service required under Subdivision (2) and allow the retail public

7-20     utility receiving the service to make a temporary adjustment to its

7-21     rate structure to ensure proper payment.

7-22           Sec. 5.406.  EMERGENCY ORDERS FOR OPERATION OF UTILITY THAT

7-23     DISCONTINUES OPERATION OR IS REFERRED FOR APPOINTMENT OF RECEIVER.

7-24     The commission may issue an emergency order appointing a willing

7-25     person to temporarily manage and operate a utility under Section

7-26     13.4132, and notice of the action is adequate if the notice is

7-27     mailed or hand delivered to the last known address of the utility's

 8-1     headquarters.

 8-2           Sec. 5.407.  EMERGENCY ORDERS FOR RATE INCREASES IN CERTAIN

 8-3     SITUATIONS.  (a)  Notwithstanding the requirements of  Section

 8-4     13.187, the commission may authorize an emergency rate increase for

 8-5     a utility for which a person has been appointed under Section 5.406

 8-6     or 13.4132 or for which a receiver has been appointed under Section

 8-7     13.412 if the increase is necessary to ensure the provision of

 8-8     continuous and adequate services to the utility's customers.

 8-9           (b)  A utility that receives an emergency rate increase under

8-10     this section shall provide to each ratepayer notice of the increase

8-11     as soon as possible, but not later than the first utility bill

8-12     issued at the new rate.

8-13           (c)  Notwithstanding the provisions of Section 5.401(g), an

8-14     order may be issued under this section for a term of up to 15

8-15     months.  The commission shall schedule a hearing to establish a

8-16     final rate within 15 months after the date on which an emergency

8-17     rate increase takes effect.  The additional revenues collected

8-18     under an emergency rate increase are subject to refund if the

8-19     commission finds that the rate increase was larger than necessary

8-20     to ensure continuous and adequate service.

8-21           Sec. 5.408.  TEMPORARY AND EMERGENCY ORDERS AND

8-22     AUTHORIZATIONS TO DISCHARGE UNTREATED OR PARTIALLY TREATED

8-23     WASTEWATER.  (a)   The commission may issue an emergency or a

8-24     temporary order relating to the discharge of waste or pollutants

8-25     into or adjacent to water in the state when this is necessary to

8-26     enable action to be taken more expeditiously than is otherwise

8-27     provided by Chapter 26 to effectuate the policy and purposes of

 9-1     that chapter, if it finds that:

 9-2                 (1)  the discharge is unavoidable to prevent loss of

 9-3     life, serious injury, severe property damage, or severe economic

 9-4     loss or to make necessary and unforeseen repairs to a facility;

 9-5                 (2)  there are no feasible alternatives to the proposed

 9-6     discharge;

 9-7                 (3)  the discharge will not cause significant hazard to

 9-8     human life and health, unreasonable damage to the property of

 9-9     persons other than the applicant, or unreasonable economic loss to

9-10     persons other than the applicant; and

9-11                 (4)  the discharge will not present a significant

9-12     hazard to the uses that will be made of the receiving water after

9-13     the discharge.

9-14           (b)  A person desiring a temporary or an emergency order

9-15     under this section must submit a sworn written application to the

9-16     commission under Section 5.401(d) that must also contain the

9-17     following:

9-18                 (1)  a statement of the volume and quality of the

9-19     proposed discharge;

9-20                 (2)  an explanation of the measures proposed to

9-21     minimize the volume and duration of the discharge; and

9-22                 (3)  an explanation of the measures proposed to

9-23     maximize the waste treatment efficiency of units not taken out of

9-24     service or facilities provided for interim use.

9-25           Sec. 5.409.  EMERGENCY ORDERS CONCERNING UNDERGROUND OR

9-26     ABOVEGROUND STORAGE TANKS.  (a)  The commission may issue an

9-27     emergency order to the owner or operator of an underground or

 10-1    aboveground storage tank regulated under Chapter 26 prohibiting the

 10-2    owner from allowing or continuing a release or threatened release

 10-3    and requiring the owner to take the actions necessary to eliminate

 10-4    the release or threatened release, if it finds that:

 10-5                (1)  there is an actual or threatened release of a

 10-6    regulated substance; and

 10-7                (2)  more expeditious action than is otherwise provided

 10-8    under Chapter 26 is necessary to protect the public health or

 10-9    safety or the environment from harm.

10-10          (b)  An emergency order issued under this section shall be:

10-11                (1)  mailed by certified mail, return receipt

10-12    requested, to each person identified in the order;

10-13                (2)  hand delivered to each person identified in the

10-14    order; or

10-15                (3)  on failure of service by certified mail or hand

10-16    delivery, served by publication one time in the Texas Register and

10-17    one time in a newspaper with general circulation in each county in

10-18    which any of the persons identified in the order has a last known

10-19    address.

10-20          Sec. 5.410.  EMERGENCY ADMINISTRATIVE ORDERS TO PERSONS

10-21    RESPONSIBLE FOR SOLID WASTE.  The commission or the executive

10-22    director may issue emergency administrative orders under Sections

10-23    361.272 and 361.274, Health and Safety Code, in the manner provided

10-24    by this subchapter.

10-25          Sec. 5.411.  EMERGENCY ORDERS CONCERNING ACTIVITIES OF SOLID

10-26    WASTE MANAGEMENT.  The commission may issue an emergency order

10-27    concerning an activity of solid waste management under its

 11-1    jurisdiction, even if that activity is not covered by a permit, if

 11-2    it finds that an emergency requiring immediate action to protect

 11-3    the public health and safety exists.

 11-4          Sec. 5.412.  EMERGENCY ORDERS CONCERNING ON-SITE SEWAGE

 11-5    DISPOSAL SYSTEMS.  (a)  The commission may issue an  emergency

 11-6    order suspending the registration of the installer of an on-site

 11-7    sewage disposal system, regulating an on-site sewage disposal

 11-8    system, or both, if it finds that an emergency exists and that the

 11-9    public health and safety is endangered because of the operation of

11-10    an on-site sewage disposal system that does not comply with Chapter

11-11    366, Health & Safety Code, or a rule adopted under that chapter.

11-12          (b)  If the emergency order issued under this section is

11-13    adopted without notice or hearing, the order shall set a time and

11-14    place for a hearing to affirm, modify, or set aside the order not

11-15    later than the 30th day after the date on which the emergency order

11-16    is issued.

11-17          Sec. 5.413.  ORDERS ISSUED UNDER AIR EMERGENCIES.  (a)  If

11-18    the commission finds that a generalized condition of air  pollution

11-19    exists that creates an emergency requiring immediate action to

11-20    protect human health or safety, it may, with the concurrence of the

11-21    governor, issue an emergency order requiring any person causing or

11-22    contributing to the air pollution to immediately reduce or

11-23    discontinue the emission of air contaminants.

11-24          (b)  If the commission finds that emissions from one or more

11-25    sources are causing imminent danger to human health or safety but

11-26    that there is not a generalized condition of air pollution under

11-27    Subsection (a), it may issue an emergency order requiring the

 12-1    persons responsible for the emissions to immediately reduce or

 12-2    discontinue the emissions.

 12-3          (c)  Notwithstanding Section 5.401, the commission shall

 12-4    affirm, modify, or set aside an order issued under this section not

 12-5    later than 24 hours after the hearing begins and without

 12-6    adjournment of the hearing.

 12-7          (d)  This section does not limit any power that the governor

 12-8    or another officer may have to declare an emergency and to act on

 12-9    the basis of that declaration if the power is conferred by law or

12-10    inheres in the office.

12-11          Sec. 5.414.  ISSUANCE OF EMERGENCY ORDER BECAUSE OF

12-12    CATASTROPHE.  (a)  The commission may issue an emergency order

12-13    authorizing immediate action for the addition, replacement, or

12-14    repair of facilities or control equipment necessitated by a

12-15    catastrophe occurring in this state and the emission of air

12-16    contaminants during the addition, replacement, or repair of those

12-17    facilities, if the actions and emissions are otherwise precluded

12-18    under Chapter 382, Health and Safety Code, and if the commission

12-19    finds that:

12-20                (1)  the construction and emissions are essential to

12-21    prevent loss of life, serious injury, severe property damage, or

12-22    severe  economic loss not attributable to the applicant's actions

12-23    and are necessary for the addition, replacement, or repair of a

12-24    facility or control equipment necessitated by the catastrophe;

12-25                (2)  there are no practicable alternatives to the

12-26    proposed construction and emissions; and

12-27                (3)  the emissions will not cause or contribute to air

 13-1    pollution.

 13-2          (b)  An order issued under this section must:

 13-3                (1)  authorize action only on:

 13-4                      (A)  property on which a catastrophe has

 13-5    occurred; or

 13-6                      (B)  other property that is owned by the owner or

 13-7    operator of the damaged facility and that produces the same

 13-8    intermediates, products, or by-products; and

 13-9                (2)  contain a schedule for submission of a complete

13-10    application for a permit under Section 382.0518, Health and Safety

13-11    Code.

13-12          (c)  The person applying for an emergency order must

13-13    demonstrate that there will be no more than a de minimis increase

13-14    in the predicted concentration of air contaminants at or beyond the

13-15    property line of the other property on which action is authorized

13-16    under Subsection (b)(1)(B).  The commission shall review and act on

13-17    an application submitted as provided by Subsection (b)(2) without

13-18    regard to construction activity under an order under this section.

13-19          (d)  An applicant desiring an emergency order under this

13-20    section must submit a sworn written application to the commission

13-21    under Section 5.401(d) that must also contain the following:

13-22                (1)  a description of the catastrophe;

13-23                (2)  a statement that:

13-24                      (A)  the construction and emissions are essential

13-25    to prevent loss of life, serious injury, severe property damage, or

13-26    severe economic loss not attributable to the applicant's actions

13-27    and are necessary for the addition, replacement, or repair of a

 14-1    facility or control equipment necessitated by the catastrophe;

 14-2                      (B)  there are no practicable alternatives to the

 14-3    proposed construction and emissions; and

 14-4                      (C)  the emissions will not cause or contribute

 14-5    to air pollution;

 14-6                (3)  an estimate of the dates on which the proposed

 14-7    construction or emissions, or both, will begin and end;

 14-8                (4)  an estimate of the date on which the facility will

 14-9    begin operation; and

14-10                (5)  a description of the quantity and type of air

14-11    contaminants proposed to be emitted.

14-12          (e)  In this section, "catastrophe" means an unforeseen

14-13    event, including an act of God, an act of war, severe weather,

14-14    explosions, fire, or similar occurrences beyond the reasonable

14-15    control of the operator, that makes a facility or its related

14-16    appurtenances inoperable.

14-17          Sec. 5.415.  EMERGENCY ORDERS UNDER SECTION 401.056, HEALTH

14-18    AND SAFETY CODE.  The commission may issue an emergency order under

14-19    Section 401.056, Health and Safety Code, in the manner provided by

14-20    this subchapter.

14-21          Sec. 5.416.  EMERGENCY ORDERS FOR CORRECTIVE ACTION AND

14-22    MEASURES.  (a)  The commission may issue an emergency order  under

14-23    Section 401.270, Health and Safety Code, to a person responsible

14-24    for an activity, including a past activity, concerning the recovery

14-25    or processing of source material or the disposal of by-product

14-26    material requiring any action, including a corrective measure that

14-27    is necessary to correct or remove the threat, if it finds that

 15-1    by-product material or the operation by which that by-product

 15-2    material is derived threatens the public health and safety and the

 15-3    environment, regardless of whether the activity was lawful at the

 15-4    time.

 15-5          (b)  An emergency order may be issued under this section to:

 15-6                (1)  restrain the person from allowing or continuing

 15-7    the release; and

 15-8                (2)  require the person to take any action necessary to

 15-9    provide and implement an environmentally sound remedial action plan

15-10    designed to eliminate the release or threatened release.

15-11          (c)  An emergency order issued under this section shall be:

15-12                (1)  mailed by certified mail, return receipt

15-13    requested, to each person identified in the order;

15-14                (2)  hand delivered to each person identified in the

15-15    order; or

15-16                (3)  on failure of service by certified mail or hand

15-17    delivery, served by publication one time in the Texas Register and

15-18    one time in a newspaper with general circulation in each county in

15-19    which any of the persons identified in the order has a last known

15-20    address.

15-21          (d)  If the order issued under this section is adopted

15-22    without notice or hearing, the order shall set a time, at least 10

15-23    but not more than 30 days following the date of issuance of the

15-24    order, for a hearing to be held to affirm, modify, or set aside the

15-25    order.  All provisions of the order shall remain in effect during

15-26    the pendency of the hearing unless otherwise altered by the

15-27    commission.

 16-1          SECTION 2.  Section 12.052, Water Code, is amended to read as

 16-2    follows:

 16-3          Sec. 12.052.  DAM SAFETY.  (a)  The commission shall make and

 16-4    enforce rules and orders and shall perform all other acts necessary

 16-5    to provide for the safe construction, maintenance, repair, and

 16-6    removal of dams located in this state.

 16-7          (b)  Rules and orders made by the commission shall be made

 16-8    after proper notice and hearing as provided in the rules of the

 16-9    commission.

16-10          (c)  If the owner of a dam that is required to be

16-11    constructed, reconstructed, repaired, or removed in order to comply

16-12    with the rules and orders promulgated under Subsection (a)  of this

16-13    section wilfully fails or refuses to comply within the 30-day

16-14    period following the date of the commission's order to do so or if

16-15    a person wilfully fails to comply with any rule or other order

16-16    issued by the commission under this section within the 30-day

16-17    period following the effective date of the order, he is liable to a

16-18    penalty of not more than $1,000 a day for each day he continues to

16-19    violate this section.  The state may recover the penalty by suit

16-20    brought for that purpose in the district court of Travis County.

16-21          (d)  The commission may issue an emergency order under

16-22    Subchapter K, Chapter 5 of this code [If the commission determines

16-23    that  the existing condition of the dam is creating or will cause

16-24    extensive or severe property damage or economic loss to others or

16-25    is posing an immediate and serious threat to human life or health

16-26    and that other procedures available to the commission to remedy or

16-27    prevent the occurrence of the situation will result in unreasonable

 17-1    delay, the commission may issue an emergency order, either

 17-2    mandatory or prohibitory in nature, directing the owner of a dam to

 17-3    repair, modify, maintain, dewater, or remove the dam which the

 17-4    commission determines is unsafe.  The emergency order may be issued

 17-5    without notice to the dam owner or with notice the commission

 17-6    considers practicable under the circumstances.  The notice does not

 17-7    have to comply with Chapter 2001, Government Code].

 17-8          (e)  [If the commission issues an emergency order under

 17-9    authority of this section without notice to the dam owner, the

17-10    commission shall fix a time and place for a hearing which shall be

17-11    held as soon as practicable to affirm, modify, or set aside the

17-12    emergency order.  The notice does not have to comply with Chapter

17-13    2001, Government Code.  If the nature of the commission's action

17-14    requires further proceedings, those proceedings shall be conducted

17-15    as appropriate under the Administrative Procedure and Texas

17-16    Register Act, as amended (Article 6252-13a, Vernon's Texas Civil

17-17    Statutes).]

17-18          [(f)]  Nothing in this section or in rules or orders made by

17-19    the commission shall be construed to relieve an owner or operator

17-20    of a dam or reservoir of the legal duties, obligations, or

17-21    liabilities incident to ownership or operation.

17-22          SECTION 3.  Subsection (d), Section 13.041, Water Code, is

17-23    amended to read as follows:

17-24          (d)  The commission may issue an emergency order under

17-25    Subchapter K, Chapter 5 of this code [orders, with or without a

17-26    hearing:]

17-27                [(1)  to compel a water or sewer service provider that

 18-1    has obtained or is required to obtain a certificate of public

 18-2    convenience and necessity to provide continuous and adequate water

 18-3    service, sewer service, or both, if the discontinuance of the

 18-4    service is imminent or has occurred because of the service

 18-5    provider's actions or failure to act; and]

 18-6                [(2)  to compel a retail public utility to provide an

 18-7    emergency interconnection with a neighboring retail public utility

 18-8    for the provision of temporary water or sewer service, or both, for

 18-9    not more than 90 days if service discontinuance or serious

18-10    impairment in service is imminent or has occurred].

18-11          SECTION 4.  Section 13.253, Water Code, is amended to read as

18-12    follows:

18-13          Sec. 13.253.  IMPROVEMENTS IN SERVICE; INTERCONNECTING

18-14    SERVICE.  After notice and hearing, the commission may: (1)  order

18-15    any retail public utility that is required by law to possess a

18-16    certificate of public convenience and necessity to provide

18-17    specified improvements in its service in a defined area if service

18-18    in that area is inadequate or is substantially inferior to service

18-19    in a comparable area and it is reasonable to require the retail

18-20    public utility to provide the improved service;

18-21                (2)  order two or more public utilities or water supply

18-22    or sewer service corporations to establish specified facilities for

18-23    the interconnecting service; or

18-24                (3)  issue an emergency order[, with or without a

18-25    hearing,] under Subchapter K, Chapter 5 [Section 13.041] of  this

18-26    code.

18-27          SECTION 5.  Subsection (b), Section 13.4132, Water Code, is

 19-1    amended to read as follows:

 19-2          (b)  The commission may issue an emergency order appointing

 19-3    [appoint] a person and authorizing an emergency rate  increase

 19-4    under Subchapter K, Chapter 5 of this code [section by emergency

 19-5    order, and notice of the action is adequate if the  notice is

 19-6    mailed or hand-delivered to the last known address of the utility's

 19-7    headquarters].

 19-8          SECTION 6.  Section 16.236, Water Code, is amended to read as

 19-9    follows:

19-10          Sec. 16.236.  CONSTRUCTION OF LEVEE WITHOUT APPROVAL OF

19-11    PLANS; LEVEE SAFETY.  (a)  The No person may construct,  attempt to

19-12    construct, cause to be constructed, maintain, or cause to be

19-13    maintained any levee or such other improvement on, along, or near

19-14    any stream of this state that is subject to floods, freshets, or

19-15    overflows so as to control, regulate, or otherwise change the

19-16    floodwater of the stream without first obtaining approval of the

19-17    commission.

19-18          (b)  The commission shall make and enforce rules and orders

19-19    and shall perform all other acts necessary to provide for the safe

19-20    construction, maintenance, repair, and removal of levees located in

19-21    this state.

19-22          (c)  If the owner of a levee that is required to be

19-23    constructed, reconstructed, repaired, or removed in order to comply

19-24    with the rules and orders promulgated under Subsection (a)  of this

19-25    section wilfully fails or refuses to comply within the 30-day

19-26    period following the date of the commission's order to do so or if

19-27    a person wilfully fails to comply with any rule or other order

 20-1    issued by the commission under this section within the 30-day

 20-2    period following the effective date of the order, the person is

 20-3    liable to a penalty of not more than $25,000 a day for each day the

 20-4    person continues to violate this section.  The state may recover

 20-5    the penalty by suit brought for that purpose in the district court

 20-6    of Travis County.

 20-7          (d)  The commission may issue an emergency order under

 20-8    Subchapter K, Chapter 5 of this code.

 20-9          (e)  Nothing in this section or in rules or orders made by

20-10    the commission shall be construed to relieve an owner or operator

20-11    of a levee of the legal duties, obligations, or liabilities

20-12    incident to ownership or operation.

20-13          SECTION 7.  Section 26.0191, Water Code, is amended to read

20-14    as follows:

20-15          Sec. 26.0191.  TEMPORARY AND EMERGENCY ORDERS AND

20-16    AUTHORIZATIONS TO DISCHARGE UNTREATED OR PARTIALLY TREATED

20-17    WASTEWATER.  [(a)]  The commission may issue temporary or emergency

20-18    orders relating to the discharge of waste or pollutants under

20-19    Subchapter K, Chapter 5 of this code [when this is necessary to

20-20    enable action to be taken more expeditiously than is otherwise

20-21    provided by this chapter to effectuate the policy and purposes of

20-22    this chapter.]

20-23          [(b)  A person desiring to obtain a temporary or emergency

20-24    order to discharge waste or pollutants, including untreated or

20-25    partially treated wastewater, into or adjacent to water in this

20-26    state shall submit a sworn application to the commission containing

20-27    the following information and any other information the commission

 21-1    requires:]

 21-2                [(1)  a statement that the discharge is unavoidable to

 21-3    prevent loss of life, serious injury, severe property damage, or

 21-4    severe economic loss, or to make necessary and unforeseen repairs

 21-5    to a facility, that there are no feasible alternatives to the

 21-6    proposed discharge, and that the discharge will not cause

 21-7    significant hazard to human life and health, unreasonable damage to

 21-8    property of persons other than the applicant, or unreasonable

 21-9    economic loss to persons other than the applicant;]

21-10                [(2)  a statement that the proposed discharge will not

21-11    present a significant hazard to the uses that may be made of the

21-12    receiving water after the discharge;]

21-13                [(3)  an estimate of the dates on which the proposed

21-14    discharge will begin and end;]

21-15                [(4)  a statement of the volume and quality of the

21-16    proposed discharge;]

21-17                [(5)  an explanation of measures proposed to minimize

21-18    the volume and duration of the discharge; and]

21-19                [(6)  an explanation of measures proposed to maximize

21-20    the waste treatment efficiency of units not taken out of service or

21-21    facilities provided for interim use.]

21-22          [(c)  The commission may issue emergency orders relating to

21-23    the discharge of waste or pollutants without notice and hearing, or

21-24    with such notice and hearing as the commission considers

21-25    practicable under the circumstances, only if the commission finds

21-26    the applicant's statement made under Subsection (b)(1) of this

21-27    section to be correct.]

 22-1          [(d)  If the commission issues an emergency order under this

 22-2    authority without a hearing, the order shall fix a time and place

 22-3    for a hearing to be held before the commission, which shall be held

 22-4    as soon after the emergency order is issued as is practicable.]

 22-5          [(e)  At the hearing, the commission shall affirm, modify, or

 22-6    set aside the emergency order.  Any hearing on an emergency order

 22-7    shall be conducted in accordance with Chapter 2001, Government

 22-8    Code, or the rules of the commission.  Any set of commission rules

 22-9    concerning a hearing on an emergency order must include provisions

22-10    for presentation of evidence by the applicant under oath,

22-11    presentation of rebuttal evidence, and cross-examination of

22-12    witnesses.]

22-13          [(f)  If emergency conditions exist which make it necessary

22-14    to take action more expeditiously than is otherwise provided by

22-15    this section, the executive director may authorize the discharge of

22-16    untreated or partially treated wastewater from a permitted facility

22-17    into or adjacent to water in the state if he determines that the

22-18    discharge is unavoidable to prevent loss of life, serious injury,

22-19    severe property damage, or severe economic loss, or to make

22-20    necessary and unforeseen repairs to the facility, that there are no

22-21    feasible alternatives to the discharge, and that the discharge will

22-22    not cause significant hazard to human life and health, unreasonable

22-23    damage to property of persons other than the applicant, or

22-24    unreasonable economic loss to persons other than the applicant.  If

22-25    the executive director issues an authorization to discharge under

22-26    this authority, the commission shall hold a hearing as provided for

22-27    in Subsection (d) of this section as soon as practicable but in no

 23-1    event later than 10 days after issuance of the authorization to

 23-2    affirm, modify or set aside the authorization.  The requirements of

 23-3    Subsection (b) of this section shall be satisfied by the applicant

 23-4    on or before such hearing date.]

 23-5          [(g)  The requirements of Section 26.022 of this code

 23-6    relating to the time for notice, newspaper notice, and method of

 23-7    giving a person notice do not apply to a hearing held on an

 23-8    emergency permit under this section, but such general notice of the

 23-9    hearing shall be given as the commission, under Subsections (c) and

23-10    (e) of this section, considers practicable under the circumstances.]

23-11          [(h)  Temporary orders other than emergency orders require a

23-12    hearing before issuance of the order.  The commission shall give

23-13    notice not less than 20 days before the date set for the hearing].

23-14          SECTION 8.  Subsection (a), Section 26.021, Water Code, is

23-15    amended to read as follows:

23-16          (a)  The [Except for those hearings required to be held

23-17    before the commission under Section 26.0191(b) of this code, the]

23-18    commission may authorize the chief administrative law judge of the

23-19    State Office of Administrative Hearings to call and hold hearings

23-20    on any subject on which the commission may hold a hearing.

23-21          SECTION 9.  Subsection (a), Section 26.022, Water Code, is

23-22    amended to read as follows:

23-23          (a)  Except as otherwise provided in Sections 5.401, 5.408,

23-24    [26.0191] and 26.176 of this code, the provisions of this  section

23-25    apply to all hearings conducted in compliance with this chapter.

23-26          SECTION 10.  Section 26.354, Water Code, is amended to read

23-27    as follows:

 24-1          Sec. 26.354.  EMERGENCY ORDERS.  The commission [(a)

 24-2    Notwithstanding any other provision of this chapter, the executive

 24-3    director] may issue an emergency order [orders] to owners or

 24-4    operators of [the persons identified in Subsection (e)  of this

 24-5    section if it appears that:]

 24-6                [(1)  there is an actual or threatened release of a

 24-7    regulated substance from an] underground or aboveground storage

 24-8    tanks  under Subchapter K, Chapter 5 of this code [tank; and]

 24-9                [(2)  the executive director determines that more

24-10    expeditious corrective action than is otherwise provided for under

24-11    this chapter is necessary to protect the public health and safety

24-12    or the environment from harm.]

24-13          [(b)  An order issued under Subsection (a)  of this section

24-14    may prohibit a person from allowing or continuing the release or

24-15    threatened release and require the person to take the actions

24-16    necessary to eliminate the release or threatened release.]

24-17          [(c)  An emergency order issued under this section shall be:]

24-18                [(1)  mailed by certified mail, return receipt

24-19    requested, to each person identified in the order;]

24-20                [(2)  hand delivered to each person identified in the

24-21    order; or]

24-22                [(3)  on failure of service by certified mail or hand

24-23    delivery, served by publication one time in the Texas Register and

24-24    one time in a newspaper with general circulation in each county in

24-25    which any of the persons had a last known address.]

24-26          [(d)  An emergency order issued under this section does not

24-27    require notice or an adjudicative hearing before its issuance.  If

 25-1    the executive director issues an order under this section, the

 25-2    commission shall fix a time and place for a hearing to affirm,

 25-3    modify, or set aside the emergency order issued by the executive

 25-4    director.  The hearing before the commission shall be held as soon

 25-5    as practicable after the issuance of the emergency order.]

 25-6          [(e)  The executive director may issue orders under this

 25-7    section to the following persons:]

 25-8                [(1)  the owner of an underground or aboveground

 25-9    storage tank; or]

25-10                [(2)  the operator of an underground or aboveground

25-11    storage tank].

25-12          SECTION 11.  Section 361.274, Health and Safety Code, is

25-13    amended to read as follows:

25-14          Sec. 361.274.  NO PRIOR NOTICE CONCERNING ADMINISTRATIVE

25-15    ORDER.  An administrative order under Section 361.272 does not

25-16    require prior notice or an adjudicative hearing before the

25-17    commission.  An emergency administrative order may be issued under

25-18    Subchapter K, Chapter 5, Water Code.

25-19          SECTION 12.  Section 361.301, Health and Safety Code, is

25-20    amended to read as follows:

25-21          Sec. 361.301.  EMERGENCY ORDER.  [(a)]  The commission may

25-22    issue an emergency mandatory or prohibitory order concerning an

25-23    activity of solid waste management under its jurisdiction as

25-24    provided by Subchapter K, Chapter 5, Water Code, even if the

25-25    activity is not  covered by a permit[, if the commission determines

25-26    that an emergency requiring immediate action to protect the public

25-27    health and safety or the environment exists.]

 26-1          [(b)  The order may be issued without notice and hearing or

 26-2    with notice and hearing the commission considers practicable under

 26-3    the circumstances.]

 26-4          [(c)  If an emergency order is issued under this section

 26-5    without a hearing, the commission shall set a time and place for a

 26-6    hearing to be held in accordance with the rules of the commission

 26-7    to affirm, modify, or set aside the emergency order.]

 26-8          [(d)  The requirements of Section 361.088 concerning public

 26-9    notice do not apply to the hearing, but general notice of the

26-10    hearing shall be given in accordance with the rules of the

26-11    commission].

26-12          SECTION 13.  Section 366.016, Health & Safety Code, is

26-13    amended to read as follows:

26-14          Sec. 366.016.  EMERGENCY ORDERS.  [(a)  If the] The commission

26-15    or authorized agent may issue emergency orders under Subchapter K,

26-16    Chapter 5 of this code.  [determines that an emergency exists and

26-17    that the public health and safety is endangered because of the

26-18    operation of an on-site sewage disposal system that does not comply

26-19    with this chapter or a rule adopted under this chapter, the

26-20    commission or authorized agent by order may:]

26-21                [(1)  suspend the registration of the installer;]

26-22                [(2)  regulate the on-site sewage disposal system; or]

26-23                [(3)  both suspend the registration and regulate the

26-24    system.]

26-25          [(b)  The order may be issued without notice and hearing.]

26-26          [(c)  If the emergency order is issued without a hearing, the

26-27    commission or authorized agent shall set a time and place for a

 27-1    hearing to affirm, modify, or set aside the emergency order to be

 27-2    held not later than the 30th day after the date on which the

 27-3    emergency order is issued.]

 27-4          [(d)  General notice of the hearing shall be given in

 27-5    accordance with the laws of this state and rules adopted by the

 27-6    commission or authorized agent.]

 27-7          [(e)  The hearing shall be conducted in accordance with the

 27-8    commission's rules or laws and rules governing the authorized

 27-9    agent.]

27-10          SECTION 14.  Section 382.026, Health and Safety Code, is

27-11    amended to read as follows:

27-12          Sec. 382.026.  ORDERS ISSUED UNDER EMERGENCIES.  The

27-13    commission may issue an order under an air emergency as provided by

27-14    Subchapter K, Chapter 5, Water Code [(a) When it appears to the

27-15    commission or the executive director that there exists a

27-16    generalized condition of air pollution that creates an emergency

27-17    requiring immediate action to protect human health or safety, the

27-18    commission or the executive director shall, with the governor's

27-19    concurrence, order any person causing or contributing to the air

27-20    pollution immediately to reduce or discontinue the emission of air

27-21    contaminants.]

27-22          [(b)  If the commission or the executive director finds that

27-23    emissions from one or more sources are causing imminent danger to

27-24    human health or safety, but that there is not a generalized

27-25    condition of air pollution under Subsection (a), the commission or

27-26    the executive director may order the persons responsible for the

27-27    emissions immediately to reduce or discontinue the emissions.]

 28-1          [(c)  An order issued under this section must set a time and

 28-2    place of a hearing to be held before the commission as soon after

 28-3    the order is issued as practicable.]

 28-4          [(d)  Section 382.031, relating to notice of a hearing, does

 28-5    not apply to a hearing under this section, but a general notice of

 28-6    the  hearing shall be given that is, in the judgment of the

 28-7    commission or the executive director, practicable under the

 28-8    circumstances.  The commission shall affirm, modify, or set aside

 28-9    the order not later than 24 hours after the hearing begins and

28-10    without adjournment of the hearing.]

28-11          [(e)  This section does not limit any power that the governor

28-12    or other officer may have to declare an emergency and to act on the

28-13    basis of that declaration if the power is conferred by law or

28-14    inheres in the office].

28-15          SECTION 15.  Subsection (b), Section 382.030, Health and

28-16    Safety Code, is amended to read as follows:

28-17          (b)  Except for hearings required to be held before the

28-18    commission under Sections 5.401(e) and (f) and 5.412, Water Code

28-19    [Section 382.026], the commission may authorize the executive

28-20    director  to:

28-21                (1)  call and hold a hearing on any subject on which

28-22    the commission may hold a hearing; and

28-23                (2)  delegate the authority to hold any hearing called

28-24    by the executive director to one or more commission employees.

28-25          SECTION 16.  Subsection (e), Section 382.031, Health and

28-26    Safety Code, is amended to read as follows:

28-27          (e)  This section applies to all hearings held under this

 29-1    chapter except as otherwise specified by Section 382.017[, 382.026,

 29-2    or 382.063].

 29-3          SECTION 17.  Section 382.063, Health and Safety Code, is

 29-4    amended to read as follows:

 29-5          Sec. 382.063.  ISSUANCE OF EMERGENCY ORDER BECAUSE OF

 29-6    CATASTROPHE.  [(a)]  The commission may issue an emergency order

 29-7    because of catastrophe under Subchapter K, Chapter 5, Water Code

 29-8    [or the executive director, on delegation of authority from the

 29-9    commission, by emergency order may authorize immediate action for

29-10    the addition, replacement, or repair of facilities or control

29-11    equipment necessitated by a catastrophe occurring in this state,

29-12    and the emission of air contaminants during the addition,

29-13    replacement, or repair of those facilities, if the actions and

29-14    emissions are otherwise precluded under this chapter.]

29-15          [(b)  An order issued under this section must:]

29-16                [(1)  be limited to a reasonable time specified by the

29-17    order;]

29-18                [(2)  authorize action only on:]

29-19                      [(A)  property on which the catastrophe occurred;

29-20    or]

29-21                      [(B)  other property that is owned by the owner

29-22    or operator of the damaged facility and that produces the same

29-23    intermediates, products, or by-products; and]

29-24                [(3)  contain a schedule for submission of a complete

29-25    application under Section 382.051.]

29-26          [(c)  Under Subsection (b)(2)(B), the person applying for an

29-27    emergency order must demonstrate that there will be no more than a

 30-1    de minimis increase in the predicted concentration of the air

 30-2    contaminants at or beyond the property line of the other property.

 30-3    The commission shall review and act on an application submitted as

 30-4    provided by Subsection (b)(3) without regard to construction

 30-5    activity under an order under this section.]

 30-6          [(d)  To receive an emergency order under this section, a

 30-7    person must submit a sworn application to the commission or

 30-8    executive director.  The application must contain any information

 30-9    the commission requires and:]

30-10                [(1)  a description of the catastrophe;]

30-11                [(2)  a statement that:]

30-12                      [(A)  the construction and emissions are

30-13    essential to prevent loss of life, serious injury, severe property

30-14    damage, or severe economic loss not attributable to the applicant's

30-15    actions and are necessary for the addition, replacement, or repair

30-16    of a facility or control equipment necessitated by the catastrophe;]

30-17                      [(B)  there are no practicable alternatives to

30-18    the proposed construction and emissions; and]

30-19                      [(C)  the emissions will not cause or contribute

30-20    to air pollution;]

30-21                [(3)  an estimate of the dates on which the proposed

30-22    construction or emissions, or both, will begin and end;]

30-23                [(4)  an estimate of the date on which the facility

30-24    will begin operation; and]

30-25                [(5)  a description of the quantity and type of air

30-26    contaminants proposed to be emitted.]

30-27          [(e)  The commission or executive director may issue an

 31-1    emergency order under this section after providing the notice and

 31-2    opportunity for hearing that the commission or executive director

 31-3    considers practicable under the circumstances.  If the commission

 31-4    requires notice and hearing before issuing the order, it shall give

 31-5    notice not later than the 10th day before the date set for the

 31-6    hearing.]

 31-7          [(f)  Notice of the issuance of an emergency order shall be

 31-8    provided in accordance with commission rules.]

 31-9          [(g)  If the commission or executive director issues an

31-10    emergency order under this section without a hearing, the order

31-11    shall set a time and place for a hearing to be held before the

31-12    commission or its designee as soon after the emergency order is

31-13    issued as practicable.]

31-14          [(h)  Section 382.031, relating to notice of a hearing, does

31-15    not apply to a hearing on an emergency order, but such general

31-16    notice of the hearing shall be given that in the judgment of the

31-17    commission or the executive director is practicable under the

31-18    circumstances.]

31-19          [(I)  At or following the hearing, the commission shall

31-20    affirm, modify, or set aside the emergency order.  A hearing on an

31-21    emergency order shall be conducted in accordance with Chapter 2001,

31-22    Government Code and commission rules.]

31-23          [(j)  In this section, "catastrophe" means an unforeseen

31-24    event, including an act of God, an act of war, severe weather,

31-25    explosions, fire, or similar occurrences beyond the reasonable

31-26    control of the operator that makes a facility or its functionally

31-27    related appurtenances inoperable].

 32-1          SECTION 18.  Section 401.056, Health and Safety Code, is

 32-2    amended by adding Subsection (g) to read as follows:

 32-3          (g)  The commission may delegate its authority under this

 32-4    section to its executive director by order or rule.

 32-5          SECTION 19.  Section 401.270, Health and Safety Code, is

 32-6    amended to read as follows:

 32-7          Sec. 401.270.  CORRECTIVE ACTION AND MEASURES.  (a)  If the

 32-8    commission finds that by-product material or the operation by which

 32-9    that by-product material is derived threatens the public health and

32-10    safety or the environment, the commission by order may require any

32-11    action, including a corrective measure, that is necessary to

32-12    correct or remove the threat.

32-13          (b)  [The commission may issue an emergency order to a person

32-14    responsible for an activity, including a past activity, concerning

32-15    the recovery or processing of source material or the disposal of

32-16    by-product material if it appears that there is an actual or

32-17    threatened release of source material or by-product material that

32-18    presents an imminent and substantial danger to the public health

32-19    and safety or the environment, regardless of whether the activity

32-20    was lawful at the time.  The emergency order may be issued without

32-21    notice or hearing.]

32-22          [(c)  An emergency order may be issued under Subsection (b)

32-23    to:]

32-24                [(1)  restrain the person from allowing or continuing

32-25    the release or threatened release; and]

32-26                [(2)  require the person to take any action necessary

32-27    to provide and implement an environmentally sound remedial action

 33-1    plan designed to eliminate the release or threatened release.]

 33-2          [(d)  An emergency order issued under Subsection (b) shall:]

 33-3                [(1)  be delivered to the person identified by the

 33-4    order by certified mail, return receipt requested;]

 33-5                [(2)  be delivered by hand delivery to the person

 33-6    identified by the order; or]

 33-7                [(3)  on failure of delivery of the order by certified

 33-8    mail or hand delivery, be served on the person by publication:]

 33-9                      [(A)  once in the Texas Register; and]

33-10                      [(B)  once in a newspaper of general circulation

33-11    in each county in which was located the last known address of a

33-12    person identified by the order.]

33-13          [(e)]  The commission shall use the security provided by the

33-14    license holder to pay the costs of actions that are taken or that

33-15    are to be taken under this section.  The commission shall send to

33-16    the comptroller a copy of its order together with necessary written

33-17    requests authorizing the comptroller to:

33-18                (1)  enforce security supplied by the licensee;

33-19                (2)  convert an amount of security into cash, as

33-20    necessary; and

33-21                (3)  disburse from the security in the fund the amount

33-22    necessary to pay the costs.

33-23          (c)  The commission may issue an emergency order under this

33-24    section as provided by Subchapter K, Chapter 5, Water Code [(f) If

33-25    the order issued by the commission pursuant to this section is

33-26    adopted without notice or hearing, the order shall set a time, at

33-27    least 10 but not more than 30 days following the date of issuance

 34-1    of the emergency order, and a place for a hearing to be held in

 34-2    accordance with the rules of the commission.  As a result of this

 34-3    hearing, the commission shall decide whether to affirm, modify, or

 34-4    set aside the emergency order.  All provisions of the emergency

 34-5    order shall remain in force and effect during the pendency of the

 34-6    hearing, unless otherwise altered by the commission].

 34-7          SECTION 20.  Sections 11.139, 11.148, and 13.4133, Water

 34-8    Code, are repealed.

 34-9          SECTION 21.  This Act takes effect September 1, 1997.

34-10          SECTION 22.  The importance of this legislation and the

34-11    crowded condition of the calendars in both houses create an

34-12    emergency and an imperative public necessity that the

34-13    constitutional rule requiring bills to be read on three several

34-14    days in each house be suspended, and this rule is hereby suspended.