1-1 By: Haywood S.B. No. 1591 1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 7, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 9, Nays 1; April 7, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1591 By: Haywood 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the authority of the Texas Natural Resource 1-11 Conservation Commission regarding pollution control or abatement 1-12 flexibility. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended 1-15 by adding Section 5.123 to read as follows: 1-16 Sec. 5.123. REGULATORY FLEXIBILITY. (a) The commission by 1-17 order may exempt an applicant from a requirement of a statute or 1-18 commission rule regarding the control or abatement of pollution if 1-19 the applicant proposes to control or abate pollution by an 1-20 alternative method or by applying an alternative standard that is: 1-21 (1) at least as protective of the environment and the 1-22 public health as the method or standard prescribed by the statute 1-23 or commission rule that would otherwise apply; and 1-24 (2) not inconsistent with federal law. 1-25 (b) The commission by rule shall specify the procedure for 1-26 obtaining an exemption under this section. The rules must provide 1-27 for public notice and for public participation in a proceeding 1-28 involving an application for an exemption under this section. 1-29 (c) The commission's order must provide a specific 1-30 description of the alternative method or standard and condition the 1-31 exemption on compliance with the method or standard as the order 1-32 prescribes. 1-33 (d) The commission by rule may establish a reasonable fee 1-34 for applying for an exemption under this section. 1-35 (e) A violation of an order issued under this section is 1-36 punishable as if it were a violation of the statute or rule from 1-37 which the order grants an exemption. 1-38 SECTION 2. The importance of this legislation and the 1-39 crowded condition of the calendars in both houses create an 1-40 emergency and an imperative public necessity that the 1-41 constitutional rule requiring bills to be read on three several 1-42 days in each house be suspended, and this rule is hereby suspended, 1-43 and that this Act take effect and be in force from and after its 1-44 passage, and it is so enacted. 1-45 * * * * *