AN ACT
1-1 relating to the authority of the Texas Natural Resource
1-2 Conservation Commission regarding pollution control or abatement
1-3 flexibility.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended
1-6 by adding Section 5.123 to read as follows:
1-7 Sec. 5.123. REGULATORY FLEXIBILITY. (a) The commission by
1-8 order may exempt an applicant from a requirement of a statute or
1-9 commission rule regarding the control or abatement of pollution if
1-10 the applicant proposes to control or abate pollution by an
1-11 alternative method or by applying an alternative standard that is:
1-12 (1) at least as protective of the environment and the
1-13 public health as the method or standard prescribed by the statute
1-14 or commission rule that would otherwise apply; and
1-15 (2) not inconsistent with federal law.
1-16 (b) The commission by rule shall specify the procedure for
1-17 obtaining an exemption under this section. The rules must provide
1-18 for public notice and for public participation in a proceeding
1-19 involving an application for an exemption under this section.
1-20 (c) The commission's order must provide a specific
1-21 description of the alternative method or standard and condition the
1-22 exemption on compliance with the method or standard as the order
1-23 prescribes.
2-1 (d) The commission by rule may establish a reasonable fee
2-2 for applying for an exemption under this section.
2-3 (e) A violation of an order issued under this section is
2-4 punishable as if it were a violation of the statute or rule from
2-5 which the order grants an exemption.
2-6 (f) A permit may satisfy a requirement to demonstrate need
2-7 by showing need on a regional basis considering economic impacts.
2-8 (g) This section does not authorize exemptions to statutes
2-9 or regulations for storing, handling, processing, or disposing of
2-10 low-level radioactive materials.
2-11 SECTION 2. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended,
2-16 and that this Act take effect and be in force from and after its
2-17 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1591 passed the Senate on
April 22, 1997, by the following vote: Yeas 24, Nays 5; and that
the Senate concurred in House amendments on May 24, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1591 passed the House, with
amendments, on May 22, 1997, by the following vote: Yeas 132,
Nays 12, one present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor