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.

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