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