1-1 By: Bivins S.B. No. 1874
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 25, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 25, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1874 By: Bivins
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the issuance of emergency and temporary orders and
1-11 permits by the Texas Natural Resource Conservation Commission;
1-12 imposing a civil penalty.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Chapter 5, Water Code, is amended by adding
1-15 Subchapter L to read as follows:
1-16 SUBCHAPTER L. EMERGENCY AND TEMPORARY ORDERS
1-17 Sec. 5.501. EMERGENCY AND TEMPORARY ORDER OR PERMIT;
1-18 TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITION. (a) For
1-19 the purposes and in the manner provided by this subchapter, the
1-20 commission:
1-21 (1) may issue a temporary or emergency mandatory,
1-22 permissive, or prohibitory order; and
1-23 (2) by temporary or emergency order may:
1-24 (A) issue a temporary permit; or
1-25 (B) temporarily suspend or amend a permit
1-26 condition.
1-27 (b) The commission may issue an emergency order under this
1-28 subchapter after providing the notice and opportunity for hearing
1-29 that the commission considers practicable under the circumstances
1-30 or without notice or hearing. Except as provided by Section 5.508,
1-31 notice must be given not later than the 10th day before the date
1-32 set for a hearing if the commission requires notice and hearing
1-33 before issuing the order. The commission shall give notice not
1-34 later than the 20th day before the date set for a hearing on a
1-35 temporary order.
1-36 (c) The commission by order or rule may delegate to the
1-37 executive director the authority to:
1-38 (1) receive applications and issue emergency orders
1-39 under this subchapter; and
1-40 (2) authorize, in writing, a representative or
1-41 representatives to act on the executive director's behalf under
1-42 this subchapter.
1-43 (d) Chapter 2001, Government Code, does not apply to the
1-44 issuance of an emergency order under this subchapter without a
1-45 hearing.
1-46 (e) A law under which the commission acts that requires
1-47 notice of hearing or that sets procedures for the issuance of
1-48 permits does not apply to a hearing on an emergency order issued
1-49 under this subchapter unless the law specifically requires notice
1-50 for an emergency order. The commission shall give the general
1-51 notice of the hearing that the commission considers practicable
1-52 under the circumstances.
1-53 (f) An emergency or temporary order issued under this
1-54 subchapter does not vest in the permit holder or recipient any
1-55 rights and expires in accordance with its terms.
1-56 (g) The commission may prescribe rules and adopt fees
1-57 necessary to carry out and administer this subchapter.
1-58 Sec. 5.502. APPLICATION FOR EMERGENCY OR TEMPORARY ORDER. A
1-59 person other than the executive director or the executive
1-60 director's representative who desires an emergency or temporary
1-61 order under this subchapter must submit a sworn written application
1-62 to the commission. The application must:
1-63 (1) describe the condition of emergency or other
1-64 condition justifying the issuance of the order;
2-1 (2) allege facts to support the findings required
2-2 under this subchapter;
2-3 (3) estimate the dates on which the proposed order
2-4 should begin and end;
2-5 (4) describe the action sought and the activity
2-6 proposed to be allowed, mandated, or prohibited; and
2-7 (5) include any other statement or information
2-8 required by this subchapter or by the commission.
2-9 Sec. 5.503. NOTICE OF ISSUANCE. Notice of the issuance of
2-10 an emergency order shall be provided in accordance with commission
2-11 rules.
2-12 Sec. 5.504. HEARING TO AFFIRM, MODIFY, OR SET ASIDE ORDER.
2-13 (a) If the commission, the executive director, or the executive
2-14 director's representative issues an emergency order under this
2-15 subchapter without a hearing, the order shall set a time and place
2-16 for a hearing to affirm, modify, or set aside the emergency order
2-17 to be held before the commission or its designee as soon as
2-18 practicable after the order is issued.
2-19 (b) At or following the hearing required under Subsection
2-20 (a), the commission shall affirm, modify, or set aside the
2-21 emergency order.
2-22 (c) A hearing to affirm, modify, or set aside an emergency
2-23 order shall be conducted in accordance with Chapter 2001,
2-24 Government Code, and commission rules. Commission rules concerning
2-25 a hearing to affirm, modify, or set aside an emergency order must
2-26 provide for presentation of evidence by the applicant under oath,
2-27 presentation of rebuttal evidence, and cross-examination of
2-28 witnesses.
2-29 Sec. 5.505. TERM OF ORDER. An emergency or temporary order
2-30 issued under this subchapter must be limited to a reasonable time
2-31 specified by the order. Except as otherwise provided by this
2-32 subchapter, the term of an emergency order may not exceed 180 days.
2-33 An emergency order may be renewed once for a period not to exceed
2-34 180 days.
2-35 Sec. 5.506. EMERGENCY PERMIT TO DIVERT AND USE WATER;
2-36 AMENDMENT TO WATER RIGHT. (a) Except as provided by Section 5.508
2-37 and after notification to the governor, the commission by emergency
2-38 order may issue a permit to divert and use water or amend an
2-39 existing permit, certified filing, or certificate of adjudication
2-40 for an initial period not to exceed 120 days if the commission
2-41 finds that:
2-42 (1) emergency conditions exist that present an
2-43 imminent threat to the public health, safety, and welfare or the
2-44 environment and that override the necessity to comply with
2-45 established statutory procedures; and
2-46 (2) there is no feasible practicable alternative to
2-47 the emergency authorization. The emergency authorization may be
2-48 renewed once for a period not to exceed 60 days.
2-49 (b) The executive director may issue an emergency order if
2-50 an imminent threat to the public health, safety, and welfare or the
2-51 environment exists that requires emergency action before the
2-52 commission can take action under Subsection (a) and there is no
2-53 feasible alternative. If the executive director issues an
2-54 emergency order under this subsection, the commission shall hold a
2-55 hearing as provided for in Section 5.504 as soon as practicable but
2-56 not later than 10 days after issuance of the order to affirm,
2-57 modify, or set aside the order. The person desiring the emergency
2-58 order must comply with Section 5.504 before the executive director
2-59 may act on the request for emergency action.
2-60 (c) The notice requirements of Section 11.132 relating to
2-61 the time for notice, newspaper notice, and method of giving a
2-62 person notice do not apply to a hearing held on an application for
2-63 an emergency order under this section. The commission shall give
2-64 the general notice of the hearing that the commission considers
2-65 practicable under the circumstances.
2-66 Sec. 5.507. EMERGENCY ORDER FOR TEMPORARY TRANSFER OF USE OF
2-67 WATER RIGHT. (a) The commission by emergency order may grant the
2-68 temporary transfer and use of all or part of a water right permit,
2-69 certified filing, or certificate of adjudication for other than
3-1 domestic or municipal use to a retail or wholesale water supplier
3-2 for public health and safety purposes.
3-3 (b) The commission may direct the applicant to timely pay
3-4 the amounts for which the applicant may be potentially liable under
3-5 this section and to fully indemnify and hold harmless the state,
3-6 the executive director, and the commission from any and all
3-7 liability for the order sought. The commission may order bond or
3-8 other surety in a form acceptable to the commission as a condition
3-9 for an emergency order under this section. The commission may not
3-10 grant an emergency authorization under this section that would
3-11 cause a violation of a federal regulation.
3-12 (c) A person granted an emergency order under this section
3-13 is liable to the owner from whom the use is transferred for the
3-14 fair market value of the water transferred and for any damages
3-15 proximately caused by the transfer of use. If, within 60 days of
3-16 the termination of the order, the parties do not agree on the
3-17 amount due, or if full payment is not made, either party may file a
3-18 complaint with the commission to determine the amount due.
3-19 (d) The commission may use dispute resolution procedures for
3-20 a complaint filed under this section. After exhausting all
3-21 administrative remedies under this section, an owner from whom the
3-22 use is transferred may file suit to recover or determine the amount
3-23 due in a district court in the county where the owner resides or
3-24 has its headquarters. The prevailing party in a suit filed under
3-25 this subsection is entitled to recover court costs and reasonable
3-26 attorney's fees.
3-27 Sec. 5.508. EMERGENCY SUSPENSION OF PERMIT CONDITION
3-28 RELATING TO BENEFICIAL INFLOWS TO AFFECTED BAYS AND ESTUARIES AND
3-29 INSTREAM USES. (a) The commission by emergency or temporary order
3-30 may suspend a permit condition relating to beneficial inflows to
3-31 affected bays and estuaries and instream uses if the commission
3-32 finds that an emergency exists that cannot practicably be resolved
3-33 in another way.
3-34 (b) The commission must give written notice of the proposed
3-35 suspension to the Parks and Wildlife Department before the
3-36 commission suspends a permit condition under this section. The
3-37 commission shall give the Parks and Wildlife Department an
3-38 opportunity to submit comments on the proposed suspension for a
3-39 period of 72 hours from receipt of the notice and must consider
3-40 those comments before issuing an order imposing the suspension.
3-41 (c) The commission may suspend a permit condition under this
3-42 section without notice except as required by Subsection (b).
3-43 (d) The commission shall notify all affected persons
3-44 immediately by publication.
3-45 Sec. 5.509. EMERGENCY WORKS SAFETY ORDER. The commission
3-46 may issue a mandatory or prohibitory emergency order directing the
3-47 owner of a dam, levee, or other water-storage or flood-control work
3-48 to repair, modify, maintain, dewater, or remove a work if the
3-49 commission finds that:
3-50 (1) the existing condition of the work is causing or
3-51 will cause extensive or severe property damage or economic loss to
3-52 others or is posing an immediate and serious threat to human life
3-53 or health; and
3-54 (2) other procedures available to the commission to
3-55 remedy or prevent the occurrence will result in unreasonable delay.
3-56 Sec. 5.510. EMERGENCY ORDER TO COMPEL WATER OR SEWER
3-57 SERVICE. The commission may issue an emergency order to:
3-58 (1) compel a water or sewer service provider that has
3-59 obtained or is required to obtain a certificate of public
3-60 convenience and necessity to provide continuous and adequate water
3-61 or sewer service, or both, if the commission finds that
3-62 discontinuance of service is imminent or has occurred because of
3-63 the service provider's actions or failure to act;
3-64 (2) compel a retail public utility to provide an
3-65 emergency interconnection with a neighboring retail public utility
3-66 to provide temporary water or sewer service, or both, if the
3-67 commission finds that discontinuance of or serious impairment to
3-68 service is imminent or has occurred; and
3-69 (3) establish reasonable compensation for temporary
4-1 service required under Subdivision (2) and allow the retail public
4-2 utility receiving the service to make a temporary adjustment to its
4-3 rate structure to ensure proper payment.
4-4 Sec. 5.511. EMERGENCY ORDER FOR OPERATION OF UTILITY THAT
4-5 DISCONTINUES OPERATION OR IS REFERRED FOR APPOINTMENT OF RECEIVER.
4-6 The commission may issue an emergency order appointing a willing
4-7 person to temporarily manage and operate a utility under Section
4-8 13.4132. Notice of the action is adequate if the notice is mailed
4-9 or hand delivered to the last known address of the utility's
4-10 headquarters.
4-11 Sec. 5.512. EMERGENCY ORDER FOR RATE INCREASE IN CERTAIN
4-12 SITUATIONS. (a) Notwithstanding the requirements of Section
4-13 13.187, the commission may authorize an emergency rate increase for
4-14 a utility for which a person has been appointed under Section 5.511
4-15 or 13.4132 or for which a receiver has been appointed under Section
4-16 13.412 if the increase is necessary to ensure the provision of
4-17 continuous and adequate services to the utility's customers.
4-18 (b) A utility that receives an emergency rate increase under
4-19 this section shall provide to each ratepayer notice of the increase
4-20 as soon as possible, but not later than the first utility bill
4-21 issued at the new rate.
4-22 (c) Notwithstanding Section 5.505, an order may be issued
4-23 under this section for a term not to exceed 15 months. The
4-24 commission shall schedule a hearing to establish a final rate
4-25 within 15 months after the date on which an emergency rate increase
4-26 takes effect. The additional revenues collected under an emergency
4-27 rate increase are subject to refund if the commission finds that
4-28 the rate increase was larger than necessary to ensure continuous
4-29 and adequate service.
4-30 Sec. 5.513. TEMPORARY OR EMERGENCY ORDER RELATING TO
4-31 DISCHARGE OF WASTE OR POLLUTANTS. (a) The commission may issue an
4-32 emergency or temporary order relating to the discharge of waste or
4-33 pollutants into or adjacent to water in the state if:
4-34 (1) the order is necessary to enable action to be
4-35 taken more expeditiously than is otherwise provided by Chapter 26
4-36 to effectuate the policy and purposes of that chapter; and
4-37 (2) the commission finds that:
4-38 (A) the discharge is unavoidable to:
4-39 (i) prevent loss of life, serious injury,
4-40 or severe property damage;
4-41 (ii) prevent severe economic loss or
4-42 ameliorate serious drought conditions, to the extent consistent
4-43 with the requirements for United States Environmental Protection
4-44 Agency authorization of a state permit program; or
4-45 (iii) make necessary and unforeseen
4-46 repairs to a facility;
4-47 (B) there is no feasible alternative to the
4-48 proposed discharge;
4-49 (C) the discharge will not cause significant
4-50 hazard to human life and health, unreasonable damage to the
4-51 property of persons other than the applicant, or unreasonable
4-52 economic loss to persons other than the applicant; and
4-53 (D) the discharge will not present a significant
4-54 hazard to the uses that will be made of the receiving water after
4-55 the discharge.
4-56 (b) A person desiring a temporary or emergency order under
4-57 this section must submit an application under Section 5.502 that,
4-58 in addition to complying with that section:
4-59 (1) states the volume and quality of the proposed
4-60 discharge;
4-61 (2) explains the measures proposed to minimize the
4-62 volume and duration of the discharge; and
4-63 (3) explains the measures proposed to maximize the
4-64 waste treatment efficiency of units not taken out of service or
4-65 facilities provided for interim use.
4-66 Sec. 5.514. EMERGENCY ORDER CONCERNING UNDERGROUND OR
4-67 ABOVEGROUND STORAGE TANKS. (a) The commission may issue an
4-68 emergency order to the owner or operator of an underground or
4-69 aboveground storage tank regulated under Chapter 26 prohibiting the
5-1 owner or operator from allowing or continuing a release or
5-2 threatened release and requiring the owner or operator to take the
5-3 actions necessary to eliminate the release or threatened release,
5-4 if the commission finds that:
5-5 (1) there is an actual or threatened release of a
5-6 regulated substance; and
5-7 (2) more expeditious action than is otherwise provided
5-8 under Chapter 26 is necessary to protect the public health or
5-9 safety or the environment from harm.
5-10 (b) An emergency order issued under this section must be:
5-11 (1) mailed by certified mail, return receipt
5-12 requested, to each person identified in the order;
5-13 (2) hand delivered to each person identified in the
5-14 order; or
5-15 (3) on failure of service by certified mail or hand
5-16 delivery, served by publication one time in the Texas Register and
5-17 one time in a newspaper with general circulation in each county in
5-18 which any of the persons identified in the order has a last known
5-19 address.
5-20 Sec. 5.515. EMERGENCY ADMINISTRATIVE ORDER TO PERSON
5-21 RESPONSIBLE FOR SOLID WASTE. The commission or the executive
5-22 director may issue an emergency administrative order under Section
5-23 361.272 or 361.274, Health and Safety Code, in the manner provided
5-24 by this subchapter.
5-25 Sec. 5.516. EMERGENCY ORDER CONCERNING ACTIVITY OF SOLID
5-26 WASTE MANAGEMENT. The commission may issue an emergency order
5-27 concerning an activity of solid waste management under the
5-28 commission's jurisdiction, even if that activity is not covered by
5-29 a permit, if the commission finds that an emergency requiring
5-30 immediate action to protect the public health and safety exists.
5-31 Sec. 5.517. EMERGENCY ORDER CONCERNING ON-SITE SEWAGE
5-32 DISPOSAL SYSTEM. (a) The commission may issue an emergency order
5-33 suspending the registration of the installer of an on-site sewage
5-34 disposal system, regulating an on-site sewage disposal system, or
5-35 both, if the commission finds that an emergency exists and that the
5-36 public health and safety is endangered because of the operation of
5-37 an on-site sewage disposal system that does not comply with Chapter
5-38 366, Health and Safety Code, or a rule adopted under that chapter.
5-39 (b) If an order issued under this section is adopted without
5-40 notice or hearing, the order must set a time, not more than 30 days
5-41 after the order is issued, for a hearing to affirm, modify, or set
5-42 aside the order.
5-43 Sec. 5.518. ORDER ISSUED UNDER AIR EMERGENCY. (a) If the
5-44 commission finds that a generalized condition of air pollution
5-45 exists that creates an emergency requiring immediate action to
5-46 protect human health or safety, the commission, with the
5-47 concurrence of the governor, may issue an emergency order requiring
5-48 a person causing or contributing to the air pollution to
5-49 immediately reduce or discontinue the emission of air contaminants.
5-50 (b) If the commission finds that emissions from one or more
5-51 sources are causing imminent danger to human health or safety but
5-52 that there is not a generalized condition of air pollution under
5-53 Subsection (a), the commission may issue an emergency order
5-54 requiring the persons responsible for the emissions to immediately
5-55 reduce or discontinue the emissions.
5-56 (c) Notwithstanding Section 5.504, the commission shall
5-57 affirm, modify, or set aside an order issued under this section not
5-58 later than 24 hours after the hearing under that section begins and
5-59 without adjournment of the hearing.
5-60 (d) This section does not limit any power that the governor
5-61 or another officer may have to declare an emergency and to act on
5-62 that declaration if the power is conferred by law or inheres in the
5-63 office.
5-64 Sec. 5.519. EMERGENCY ORDER BECAUSE OF CATASTROPHE.
5-65 (a) The commission may issue an emergency order authorizing
5-66 immediate action for the addition, replacement, or repair of
5-67 facilities or control equipment necessitated by a catastrophe
5-68 occurring in this state and the emission of air contaminants during
5-69 the addition, replacement, or repair of those facilities if the
6-1 actions and emissions are otherwise precluded under Chapter 382,
6-2 Health and Safety Code.
6-3 (b) An order issued under this section:
6-4 (1) may authorize action only on:
6-5 (A) property on which a catastrophe has
6-6 occurred; or
6-7 (B) other property that is owned by the owner or
6-8 operator of the damaged facility and that produces the same
6-9 intermediates, products, or by-products; and
6-10 (2) must contain a schedule for submitting a complete
6-11 application for a permit under Section 382.0518, Health and Safety
6-12 Code.
6-13 (c) The person applying for an emergency order must
6-14 demonstrate that there will be no more than a de minimis increase
6-15 in the predicted concentration of air contaminants at or beyond the
6-16 property line of the other property on which action is authorized
6-17 under Subsection (b)(1)(B). The commission shall review and act on
6-18 an application submitted as provided by Subsection (b)(2) without
6-19 regard to construction activity under an order under this section.
6-20 (d) An applicant desiring an emergency order under this
6-21 section must submit an application under Section 5.502 that, in
6-22 addition to complying with that section:
6-23 (1) describes the catastrophe;
6-24 (2) states that:
6-25 (A) the construction and emissions are essential
6-26 to prevent loss of life, serious injury, severe property damage, or
6-27 severe economic loss not attributable to the applicant's actions
6-28 and are necessary for the addition, replacement, or repair of a
6-29 facility or control equipment necessitated by the catastrophe;
6-30 (B) there is no practicable alternative to the
6-31 proposed construction and emissions; and
6-32 (C) the emissions will not cause or contribute
6-33 to air pollution;
6-34 (3) estimates the dates on which the proposed
6-35 construction or emissions, or both, will begin and end;
6-36 (4) estimates the date on which the facility will
6-37 begin operation; and
6-38 (5) describes the quantity and type of air
6-39 contaminants proposed to be emitted.
6-40 (e) In this section, "catastrophe" means an unforeseen
6-41 event, including an act of God, an act of war, severe weather,
6-42 explosions, fire, or similar occurrences beyond the reasonable
6-43 control of the operator, that makes a facility or its related
6-44 appurtenances inoperable.
6-45 Sec. 5.520. EMERGENCY ORDER UNDER SECTION 401.056, HEALTH
6-46 AND SAFETY CODE. The commission may issue an emergency order under
6-47 Section 401.056, Health and Safety Code, in the manner provided by
6-48 this subchapter.
6-49 Sec. 5.521. EMERGENCY ORDERS FOR CORRECTIVE ACTION AND
6-50 MEASURES. (a) The commission may issue an emergency order under
6-51 Section 401.270, Health and Safety Code, to a person responsible
6-52 for an activity, including a past activity, concerning the recovery
6-53 or processing of source material or the disposal of by-product
6-54 material that requires any action, including a corrective measure
6-55 that is necessary to correct or remove the threat, if it appears
6-56 that there is an actual or threatened release of source material or
6-57 by-product material that presents an imminent and substantial
6-58 danger to the public health and safety or the environment,
6-59 regardless of whether the activity was lawful at the time.
6-60 (b) An emergency order may be issued under this section to:
6-61 (1) restrain the person from allowing or continuing
6-62 the release; and
6-63 (2) require the person to take any action necessary to
6-64 provide and implement an environmentally sound remedial action plan
6-65 designed to eliminate the release or threatened release.
6-66 (c) An emergency order issued under this section must be:
6-67 (1) mailed by certified mail, return receipt
6-68 requested, to each person identified in the order;
6-69 (2) hand delivered to each person identified in the
7-1 order; or
7-2 (3) on failure of service by certified mail or hand
7-3 delivery, served by publication one time in the Texas Register and
7-4 one time in a newspaper with general circulation in each county in
7-5 which any of the persons identified in the order has a last known
7-6 address.
7-7 (d) If an order issued under this section is adopted without
7-8 notice or hearing, the order must set a time, at least 10 but not
7-9 more than 30 days after the date the order is issued, for a hearing
7-10 to affirm, modify, or set aside the order. All provisions of the
7-11 order remain in effect during the pendency of the hearing unless
7-12 otherwise altered by the commission.
7-13 SECTION 2. Subsections (d), (e), and (f), Section 12.052,
7-14 Water Code, are amended to read as follows:
7-15 (d) The commission may issue an emergency works safety order
7-16 under Section 5.509. [If the commission determines that the
7-17 existing condition of the dam is creating or will cause extensive
7-18 or severe property damage or economic loss to others or is posing
7-19 an immediate and serious threat to human life or health and that
7-20 other procedures available to the commission to remedy or prevent
7-21 the occurrence of the situation will result in unreasonable delay,
7-22 the commission may issue an emergency order, either mandatory or
7-23 prohibitory in nature, directing the owner of a dam to repair,
7-24 modify, maintain, dewater, or remove the dam which the commission
7-25 determines is unsafe. The emergency order may be issued without
7-26 notice to the dam owner or with notice the commission considers
7-27 practicable under the circumstances. The notice does not have to
7-28 comply with Chapter 2001, Government Code.]
7-29 (e) [If the commission issues an emergency order under
7-30 authority of this section without notice to the dam owner, the
7-31 commission shall fix a time and place for a hearing which shall be
7-32 held as soon as practicable to affirm, modify, or set aside the
7-33 emergency order. The notice does not have to comply with Chapter
7-34 2001, Government Code. If the nature of the commission's action
7-35 requires further proceedings, those proceedings shall be conducted
7-36 as appropriate under the Administrative Procedure and Texas
7-37 Register Act, as amended (Article 6252-13a, Vernon's Texas Civil
7-38 Statutes).]
7-39 [(f)] Nothing in this section or in rules or orders made by
7-40 the commission shall be construed to relieve an owner or operator
7-41 of a dam or reservoir of the legal duties, obligations, or
7-42 liabilities incident to ownership or operation.
7-43 SECTION 3. Subsection (d), Section 13.041, Water Code, is
7-44 amended to read as follows:
7-45 (d) The commission may issue an emergency order to compel
7-46 water or sewer service under Section 5.510 [orders, with or without
7-47 a hearing:]
7-48 [(1) to compel a water or sewer service provider that
7-49 has obtained or is required to obtain a certificate of public
7-50 convenience and necessity to provide continuous and adequate water
7-51 service, sewer service, or both, if the discontinuance of the
7-52 service is imminent or has occurred because of the service
7-53 provider's actions or failure to act; and]
7-54 [(2) to compel a retail public utility to provide an
7-55 emergency interconnection with a neighboring retail public utility
7-56 for the provision of temporary water or sewer service, or both, for
7-57 not more than 90 days if service discontinuance or serious
7-58 impairment in service is imminent or has occurred].
7-59 SECTION 4. Section 13.253, Water Code, is amended to read as
7-60 follows:
7-61 Sec. 13.253. Improvements in Service; Interconnecting
7-62 Service. After notice and hearing, the commission may:
7-63 (1) order any retail public utility that is required
7-64 by law to possess a certificate of public convenience and necessity
7-65 to provide specified improvements in its service in a defined area
7-66 if service in that area is inadequate or is substantially inferior
7-67 to service in a comparable area and it is reasonable to require the
7-68 retail public utility to provide the improved service;
7-69 (2) order two or more public utilities or water supply
8-1 or sewer service corporations to establish specified facilities for
8-2 the interconnecting service; or
8-3 (3) issue an emergency order to compel water or sewer
8-4 service, with or without a hearing, under Section 5.510 [13.041 of
8-5 this code].
8-6 SECTION 5. Subsection (b), Section 13.4132, Water Code, is
8-7 amended to read as follows:
8-8 (b) The commission by emergency order issued under Section
8-9 5.511 may appoint a person under this section and may authorize an
8-10 emergency rate increase under Section 5.512 [by emergency order,
8-11 and notice of the action is adequate if the notice is mailed or
8-12 hand-delivered to the last known address of the utility's
8-13 headquarters].
8-14 SECTION 6. Section 16.236, Water Code, is amended to read as
8-15 follows:
8-16 Sec. 16.236. CONSTRUCTION OF LEVEE WITHOUT APPROVAL OF
8-17 PLANS; LEVEE SAFETY. (a) No person may construct, attempt to
8-18 construct, cause to be constructed, maintain, or cause to be
8-19 maintained any levee or other such improvement on, along, or near
8-20 any stream of this state that is subject to floods, freshets, or
8-21 overflows so as to control, regulate, or otherwise change the
8-22 floodwater of the stream without first obtaining approval of the
8-23 plans by the commission.
8-24 (b) The commission shall make and enforce rules and orders
8-25 and shall perform any other act necessary to provide for the safe
8-26 construction, maintenance, repair, or removal of a levee located in
8-27 this state.
8-28 (c) If the owner of a levee that is required to be
8-29 constructed, reconstructed, repaired, or removed in order to comply
8-30 with the rules adopted and orders issued under Subsection (b)
8-31 wilfully fails or refuses to comply within the 30-day period
8-32 following the date of the commission's order to do so or if a
8-33 person wilfully fails to comply with any rule or other order issued
8-34 by the commission under this section within the 30-day period
8-35 following the effective date of the order, the person is liable for
8-36 a penalty of not more than $25,000 a day for each day the person
8-37 continues to violate this section. The state may bring suit to
8-38 recover the penalty in the district court of Travis County.
8-39 (d) The commission may issue an emergency works safety order
8-40 under Section 5.509.
8-41 (e) Nothing in this section or in rules adopted or orders
8-42 issued by the commission under this section relieves an owner or
8-43 operator of a levee of a legal duty, obligation, or liability
8-44 incident to ownership or operation. [Any person who violates any
8-45 provision of this section is guilty of a misdemeanor and upon
8-46 conviction is punishable by a fine of not more than $100. A
8-47 separate offense is committed each day a structure constructed in
8-48 violation of this section is maintained.]
8-49 [(c) At the request of the executive director, the attorney
8-50 general shall file suit in a district court of Travis County to
8-51 enjoin any violation or threatened violation of this section. In
8-52 the suit, the attorney general may seek to have the illegal levee
8-53 or other improvement removed and the preexisting conditions
8-54 restored and may also collect civil penalties of up to $100 a day
8-55 for each day a violation occurs.]
8-56 [(d) This section does not apply to:]
8-57 [(1) dams permitted by the commission or recognized as
8-58 valid by final decree in any proceeding begun under Subchapter G,
8-59 Chapter 11, of this code;]
8-60 [(2) dams authorized by Section 11.142 of this code;]
8-61 [(3) a levee or other improvement within the corporate
8-62 limits of a city or town provided: (a) plans for the construction
8-63 or maintenance or both must be approved by the city or town as a
8-64 condition precedent to starting the project and (b) the city or
8-65 town requires that such plans be in substantial compliance with
8-66 rules and standards adopted by the commission; or]
8-67 [(4) a levee or other improvement within the
8-68 boundaries of any political subdivision which has qualified for the
8-69 National Flood Insurance Program as authorized by the National
9-1 Flood Insurance Act of 1968 (Title 42, U.S.C., Sections 4001-4127)
9-2 provided: (a) plans for the construction or maintenance or both
9-3 must be approved by the political subdivision which is
9-4 participating in the national flood insurance program as a
9-5 condition precedent to starting the project and (b) the political
9-6 subdivision requires that such plans be in substantial compliance
9-7 with rules and standards adopted by the commission;]
9-8 [(5) projects implementing soil and water conservation
9-9 practices set forth in a conservation plan with a landowner or
9-10 operator and approved by the governing board of a soil and water
9-11 conservation district organized under the State Soil Conservation
9-12 Law, as amended (Article 165a-4, Vernon's Texas Civil Statutes),
9-13 provided that the governing board finds the practices do not
9-14 significantly affect stream flooding conditions on, along, or near
9-15 a state stream.]
9-16 [(e) On projects located within the corporate limits of a
9-17 city or town or within the boundaries of any political subdivision
9-18 which are exempt from the provisions of this section by Subdivision
9-19 (3) or (4) of Subsection (d) above, any person whose property is
9-20 located outside of the corporate limits of such city or town or of
9-21 the boundaries of such a political subdivision and whose property
9-22 is affected or potentially affected by the effect of the project on
9-23 the floodwaters of the stream may appeal the decision of such
9-24 political subdivision. The appeal shall be in writing and shall
9-25 specify the grounds therefor and a copy shall be sent by certified
9-26 mail to the project applicant and to the city or town or such
9-27 political subdivision. The timely filing of such an appeal with
9-28 the executive director suspends the decision of the city or town or
9-29 political subdivision until a final decision is rendered by the
9-30 commission. The executive director shall review the complaint and
9-31 investigate the facts surrounding the nature of the complaint. If
9-32 the executive director finds that the complaint is frivolous or
9-33 nonmeritorious or made solely for purposes of harassment or delay,
9-34 then he shall dismiss the appeal. Otherwise, the executive
9-35 director shall refer the appeal to the commission which shall after
9-36 due notice hold a hearing to determine whether the project should
9-37 be approved using the standards established by the commission and
9-38 shall hear such appeal de novo under the procedural rules
9-39 established by the commission for other reclamation projects.]
9-40 SECTION 7. Section 26.0191, Water Code, is amended to read
9-41 as follows:
9-42 Sec. 26.0191. TEMPORARY OR [AND] EMERGENCY ORDER RELATING
9-43 [ORDERS AND AUTHORIZATIONS] TO DISCHARGE OF WASTE OR POLLUTANTS
9-44 [UNTREATED OR PARTIALLY TREATED WASTEWATER]. [(a)] The commission
9-45 may issue a temporary or emergency order [orders] relating to the
9-46 discharge of waste or pollutants under Section 5.513 [when this is
9-47 necessary to enable action to be taken more expeditiously than is
9-48 otherwise provided by this chapter to effectuate the policy and
9-49 purposes of this chapter].
9-50 [(b) A person desiring to obtain a temporary or emergency
9-51 order to discharge waste or pollutants, including untreated or
9-52 partially treated wastewater, into or adjacent to water in this
9-53 state shall submit a sworn application to the commission containing
9-54 the following information and any other information the commission
9-55 requires:]
9-56 [(1) a statement that the discharge is unavoidable to
9-57 prevent loss of life, serious injury, severe property damage, or
9-58 severe economic loss, or to make necessary and unforeseen repairs
9-59 to a facility, that there are no feasible alternatives to the
9-60 proposed discharge, and that the discharge will not cause
9-61 significant hazard to human life and health, unreasonable damage to
9-62 property of persons other than the applicant, or unreasonable
9-63 economic loss to persons other than the applicant;]
9-64 [(2) a statement that the proposed discharge will not
9-65 present a significant hazard to the uses that may be made of the
9-66 receiving water after the discharge;]
9-67 [(3) an estimate of the dates on which the proposed
9-68 discharge will begin and end;]
9-69 [(4) a statement of the volume and quality of the
10-1 proposed discharge;]
10-2 [(5) an explanation of measures proposed to minimize
10-3 the volume and duration of the discharge; and]
10-4 [(6) an explanation of measures proposed to maximize
10-5 the waste treatment efficiency of units not taken out of service or
10-6 facilities provided for interim use.]
10-7 [(c) The commission may issue emergency orders relating to
10-8 the discharge of waste or pollutants without notice and hearing, or
10-9 with such notice and hearing as the commission considers
10-10 practicable under the circumstances, only if the commission finds
10-11 the applicant's statement made under Subsection (b)(1) of this
10-12 section to be correct.]
10-13 [(d) If the commission issues an emergency order under this
10-14 authority without a hearing, the order shall fix a time and place
10-15 for a hearing to be held before the commission, which shall be held
10-16 as soon after the emergency order is issued as is practicable.]
10-17 [(e) At the hearing, the commission shall affirm, modify, or
10-18 set aside the emergency order. Any hearing on an emergency order
10-19 shall be conducted in accordance with Chapter 2001, Government
10-20 Code, or the rules of the commission. Any set of commission rules
10-21 concerning a hearing on an emergency order must include provisions
10-22 for presentation of evidence by the applicant under oath,
10-23 presentation of rebuttal evidence, and cross-examination of
10-24 witnesses.]
10-25 [(f) If emergency conditions exist which make it necessary
10-26 to take action more expeditiously than is otherwise provided by
10-27 this section, the executive director may authorize the discharge of
10-28 untreated or partially treated wastewater from a permitted facility
10-29 into or adjacent to water in the state if he determines that the
10-30 discharge is unavoidable to prevent loss of life, serious injury,
10-31 severe property damage, or severe economic loss, or to make
10-32 necessary and unforeseen repairs to the facility, that there are no
10-33 feasible alternatives to the discharge, and that the discharge will
10-34 not cause significant hazard to human life and health, unreasonable
10-35 damage to property of persons other than the applicant, or
10-36 unreasonable economic loss to persons other than the applicant. If
10-37 the executive director issues an authorization to discharge under
10-38 this authority, the commission shall hold a hearing as provided for
10-39 in Subsection (d) of this section as soon as practicable but in no
10-40 event later than 10 days after issuance of the authorization to
10-41 affirm, modify or set aside the authorization. The requirements of
10-42 Subsection (b) of this section shall be satisfied by the applicant
10-43 on or before such hearing date.]
10-44 [(g) The requirements of Section 26.022 of this code
10-45 relating to the time for notice, newspaper notice, and method of
10-46 giving a person notice do not apply to a hearing held on an
10-47 emergency permit under this section, but such general notice of the
10-48 hearing shall be given as the commission, under Subsections (c) and
10-49 (e) of this section, considers practicable under the circumstances.]
10-50 [(h) Temporary orders other than emergency orders require a
10-51 hearing before issuance of the order. The commission shall give
10-52 notice not less than 20 days before the date set for the hearing.]
10-53 SECTION 8. Subsection (a), Section 26.021, Water Code, is
10-54 amended to read as follows:
10-55 (a) The [Except for those hearings required to be held
10-56 before the commission under Section 26.0191(b) of this code, the]
10-57 commission may authorize the chief administrative law judge of the
10-58 State Office of Administrative Hearings to call and hold hearings
10-59 on any subject on which the commission may hold a hearing.
10-60 SECTION 9. Subsection (a), Section 26.022, Water Code, is
10-61 amended to read as follows:
10-62 (a) Except as otherwise provided in Sections 5.501, 5.504,
10-63 5.513, [26.0191] and 26.176 [of this code], the provisions of this
10-64 section apply to all hearings conducted in compliance with this
10-65 chapter.
10-66 SECTION 10. Section 26.354, Water Code, is amended to read
10-67 as follows:
10-68 Sec. 26.354. Emergency Orders. The commission
10-69 [(a) Notwithstanding any other provision of this chapter, the
11-1 executive director] may issue an emergency order [orders] to an
11-2 owner or operator of [the persons identified in Subsection (e) of
11-3 this section if it appears that:]
11-4 [(1) there is an actual or threatened release of a
11-5 regulated substance from] an underground or aboveground storage
11-6 tank under Section 5.514[; and]
11-7 [(2) the executive director determines that more
11-8 expeditious corrective action than is otherwise provided for under
11-9 this chapter is necessary to protect the public health and safety
11-10 or the environment from harm].
11-11 [(b) An order issued under Subsection (a) of this section
11-12 may prohibit a person from allowing or continuing the release or
11-13 threatened release and require the person to take the actions
11-14 necessary to eliminate the release or threatened release.]
11-15 [(c) An emergency order issued under this section shall be:]
11-16 [(1) mailed by certified mail, return receipt
11-17 requested, to each person identified in the order;]
11-18 [(2) hand delivered to each person identified in the
11-19 order; or]
11-20 [(3) on failure of service by certified mail or hand
11-21 delivery, served by publication one time in the Texas Register and
11-22 one time in a newspaper with general circulation in each county in
11-23 which any of the persons had a last known address.]
11-24 [(d) An emergency order issued under this section does not
11-25 require notice or an adjudicative hearing before its issuance. If
11-26 the executive director issues an order under this section, the
11-27 commission shall fix a time and place for a hearing to affirm,
11-28 modify, or set aside the emergency order issued by the executive
11-29 director. The hearing before the commission shall be held as soon
11-30 as practicable after the issuance of the emergency order.]
11-31 [(e) The executive director may issue orders under this
11-32 section to the following persons:]
11-33 [(1) the owner of an underground or aboveground
11-34 storage tank; or]
11-35 [(2) the operator of an underground or aboveground
11-36 storage tank.]
11-37 SECTION 11. Section 361.274, Health and Safety Code, is
11-38 amended to read as follows:
11-39 Sec. 361.274. No Prior Notice Concerning Administrative
11-40 Order. An administrative order under Section 361.272 does not
11-41 require prior notice or an adjudicative hearing before the
11-42 commission. An emergency administrative order may be issued under
11-43 Subchapter L, Chapter 5, Water Code.
11-44 SECTION 12. Section 361.301, Health and Safety Code, is
11-45 amended to read as follows:
11-46 Sec. 361.301. Emergency Order. [(a)] The commission may
11-47 issue an emergency mandatory, permissive, or prohibitory order
11-48 concerning an activity of solid waste management under its
11-49 jurisdiction under Section 5.516, Water Code, even if the activity
11-50 is not covered by a permit[, if the commission determines that an
11-51 emergency requiring immediate action to protect the public health
11-52 and safety or the environment exists].
11-53 [(b) The order may be issued without notice and hearing or
11-54 with notice and hearing the commission considers practicable under
11-55 the circumstances.]
11-56 [(c) If an emergency order is issued under this section
11-57 without a hearing, the commission shall set a time and place for a
11-58 hearing to be held in accordance with the rules of the commission
11-59 to affirm, modify, or set aside the emergency order.]
11-60 [(d) The requirements of Section 361.088 concerning public
11-61 notice do not apply to the hearing, but general notice of the
11-62 hearing shall be given in accordance with the rules of the
11-63 commission.]
11-64 SECTION 13. Section 366.016, Health and Safety Code, is
11-65 amended to read as follows:
11-66 Sec. 366.016. Emergency Orders. The [(a) If the]
11-67 commission or authorized agent may issue an emergency order
11-68 concerning an on-site sewage disposal system under Section 5.517,
11-69 Water Code [determines that an emergency exists and that the public
12-1 health or safety is endangered because of the operation of an
12-2 on-site sewage disposal system that does not comply with this
12-3 chapter or a rule adopted under this chapter, the commission or
12-4 authorized agent by order may:]
12-5 [(1) suspend the registration of the installer;]
12-6 [(2) regulate the on-site sewage disposal system; or]
12-7 [(3) both suspend the registration and regulate the
12-8 system].
12-9 [(b) The order may be issued without notice and hearing.]
12-10 [(c) If the emergency order is issued without a hearing, the
12-11 commission or authorized agent shall set a time and place for a
12-12 hearing to affirm, modify, or set aside the emergency order to be
12-13 held not later than the 30th day after the date on which the
12-14 emergency order is issued.]
12-15 [(d) General notice of the hearing shall be given in
12-16 accordance with the laws of this state and rules adopted by the
12-17 commission or authorized agent.]
12-18 [(e) The hearing shall be conducted in accordance with the
12-19 commission's rules or laws and rules governing the authorized
12-20 agent.]
12-21 SECTION 14. Section 382.026, Health and Safety Code, is
12-22 amended to read as follows:
12-23 Sec. 382.026. Orders Issued Under Emergencies. The
12-24 commission may issue an order under an air emergency under Section
12-25 5.518, Water Code. [(a) When it appears to the commission or the
12-26 executive director that there exists a generalized condition of air
12-27 pollution that creates an emergency requiring immediate action to
12-28 protect human health or safety, the commission or the executive
12-29 director shall, with the governor's concurrence, order any person
12-30 causing or contributing to the air pollution immediately to reduce
12-31 or discontinue the emission of air contaminants.]
12-32 [(b) If the commission or the executive director finds that
12-33 emissions from one or more sources are causing imminent danger to
12-34 human health or safety, but that there is not a generalized
12-35 condition of air pollution under Subsection (a), the commission or
12-36 the executive director may order the persons responsible for the
12-37 emissions immediately to reduce or discontinue the emissions.]
12-38 [(c) An order issued under this section must set a time and
12-39 place of a hearing to be held before the commission as soon after
12-40 the order is issued as practicable.]
12-41 [(d) Section 382.031, relating to notice of a hearing, does
12-42 not apply to a hearing under this section, but a general notice of
12-43 the hearing shall be given that is, in the judgment of the
12-44 commission or the executive director, practicable under the
12-45 circumstances. The commission shall affirm, modify, or set aside
12-46 the order not later than 24 hours after the hearing begins and
12-47 without adjournment of the hearing.]
12-48 [(e) This section does not limit any power that the governor
12-49 or other officer may have to declare an emergency and to act on the
12-50 basis of that declaration if the power is conferred by law or
12-51 inheres in the office.]
12-52 SECTION 15. Subsection (b), Section 382.030, Health and
12-53 Safety Code, is amended to read as follows:
12-54 (b) Except for hearings required to be held before the
12-55 commission under Section 5.504, Water Code [382.026], the
12-56 commission may authorize the executive director to:
12-57 (1) call and hold a hearing on any subject on which
12-58 the commission may hold a hearing; and
12-59 (2) delegate the authority to hold any hearing called
12-60 by the executive director to one or more commission employees.
12-61 SECTION 16. Subsection (e), Section 382.031, Health and
12-62 Safety Code, is amended to read as follows:
12-63 (e) This section applies to all hearings held under this
12-64 chapter except as otherwise specified by Section 382.017[, 382.026,
12-65 or 382.063].
12-66 SECTION 17. Section 382.063, Health and Safety Code, is
12-67 amended to read as follows:
12-68 Sec. 382.063. Issuance of Emergency Order Because of
12-69 Catastrophe. [(a)] The commission may issue an emergency order
13-1 because of catastrophe under Section 5.519, Water Code [or the
13-2 executive director, on delegation of authority from the commission,
13-3 by emergency order may authorize immediate action for the addition,
13-4 replacement, or repair of facilities or control equipment
13-5 necessitated by a catastrophe occurring in this state, and the
13-6 emission of air contaminants during the addition, replacement, or
13-7 repair of those facilities, if the actions and emissions are
13-8 otherwise precluded under this chapter].
13-9 [(b) An order issued under this section must:]
13-10 [(1) be limited to a reasonable time specified by the
13-11 order;]
13-12 [(2) authorize action only on:]
13-13 [(A) property on which the catastrophe occurred;
13-14 or]
13-15 [(B) other property that is owned by the owner
13-16 or operator of the damaged facility and that produces the same
13-17 intermediates, products, or by-products; and]
13-18 [(3) contain a schedule for submission of a complete
13-19 application under Section 382.051.]
13-20 [(c) Under Subsection (b)(2)(B), the person applying for an
13-21 emergency order must demonstrate that there will be no more than a
13-22 de minimis increase in the predicted concentration of the air
13-23 contaminants at or beyond the property line of the other property.
13-24 The commission shall review and act on an application submitted as
13-25 provided by Subsection (b)(3) without regard to construction
13-26 activity under an order under this section.]
13-27 [(d) To receive an emergency order under this section, a
13-28 person must submit a sworn application to the commission or
13-29 executive director. The application must contain any information
13-30 the commission requires and:]
13-31 [(1) a description of the catastrophe;]
13-32 [(2) a statement that:]
13-33 [(A) the construction and emissions are
13-34 essential to prevent loss of life, serious injury, severe property
13-35 damage, or severe economic loss not attributable to the applicant's
13-36 actions and are necessary for the addition, replacement, or repair
13-37 of a facility or control equipment necessitated by the catastrophe;]
13-38 [(B) there are no practicable alternatives to
13-39 the proposed construction and emissions; and]
13-40 [(C) the emissions will not cause or contribute
13-41 to air pollution;]
13-42 [(3) an estimate of the dates on which the proposed
13-43 construction or emissions, or both, will begin and end;]
13-44 [(4) an estimate of the date on which the facility
13-45 will begin operation; and]
13-46 [(5) a description of the quantity and type of air
13-47 contaminants proposed to be emitted.]
13-48 [(e) The commission or executive director may issue an
13-49 emergency order under this section after providing the notice and
13-50 opportunity for hearing that the commission or executive director
13-51 considers practicable under the circumstances. If the commission
13-52 requires notice and hearing before issuing the order, it shall give
13-53 notice not later than the 10th day before the date set for the
13-54 hearing.]
13-55 [(f) Notice of the issuance of an emergency order shall be
13-56 provided in accordance with commission rules.]
13-57 [(g) If the commission or executive director issues an
13-58 emergency order under this section without a hearing, the order
13-59 shall set a time and place for a hearing to be held before the
13-60 commission or its designee as soon after the emergency order is
13-61 issued as practicable.]
13-62 [(h) Section 382.031, relating to notice of a hearing, does
13-63 not apply to a hearing on an emergency order, but such general
13-64 notice of the hearing shall be given that in the judgment of the
13-65 commission or the executive director is practicable under the
13-66 circumstances.]
13-67 [(i) At or following the hearing, the commission shall
13-68 affirm, modify, or set aside the emergency order. A hearing on an
13-69 emergency order shall be conducted in accordance with Chapter 2001,
14-1 Government Code and commission rules.]
14-2 [(j) In this section, "catastrophe" means an unforeseen
14-3 event, including an act of God, an act of war, severe weather,
14-4 explosions, fire, or similar occurrences beyond the reasonable
14-5 control of the operator that makes a facility or its functionally
14-6 related appurtenances inoperable.]
14-7 SECTION 18. Section 401.056, Health and Safety Code, is
14-8 amended by adding Subsection (g) to read as follows:
14-9 (g) The commission by order or rule may delegate its
14-10 authority under this section to its executive director.
14-11 SECTION 19. Section 401.270, Health and Safety Code, is
14-12 amended to read as follows:
14-13 Sec. 401.270. Corrective Action and Measures. (a) If the
14-14 commission finds that by-product material or the operation by which
14-15 that by-product material is derived threatens the public health and
14-16 safety or the environment, the commission by order may require any
14-17 action, including a corrective measure, that is necessary to
14-18 correct or remove the threat.
14-19 (b) [The commission may issue an emergency order to a person
14-20 responsible for an activity, including a past activity, concerning
14-21 the recovery or processing of source material or the disposal of
14-22 by-product material if it appears that there is an actual or
14-23 threatened release of source material or by-product material that
14-24 presents an imminent and substantial danger to the public health
14-25 and safety or the environment, regardless of whether the activity
14-26 was lawful at the time. The emergency order may be issued without
14-27 notice or hearing.]
14-28 [(c) An emergency order may be issued under Subsection (b)
14-29 to:]
14-30 [(1) restrain the person from allowing or continuing
14-31 the release or threatened release; and]
14-32 [(2) require the person to take any action necessary
14-33 to provide and implement an environmentally sound remedial action
14-34 plan designed to eliminate the release or threatened release.]
14-35 [(d) An emergency order issued under Subsection (b) shall:]
14-36 [(1) be delivered to the person identified by the
14-37 order by certified mail, return receipt requested;]
14-38 [(2) be delivered by hand delivery to the person
14-39 identified by the order; or]
14-40 [(3) on failure of delivery of the order by certified
14-41 mail or hand delivery, be served on the person by publication:]
14-42 [(A) once in the Texas Register; and]
14-43 [(B) once in a newspaper of general circulation
14-44 in each county in which was located the last known address of a
14-45 person identified by the order.]
14-46 [(e)] The commission shall use the security provided by the
14-47 license holder to pay the costs of actions that are taken or that
14-48 are to be taken under this section. The commission shall send to
14-49 the comptroller a copy of its order together with necessary written
14-50 requests authorizing the comptroller to:
14-51 (1) enforce security supplied by the licensee;
14-52 (2) convert an amount of security into cash, as
14-53 necessary; and
14-54 (3) disburse from the security in the fund the amount
14-55 necessary to pay the costs.
14-56 (c) The commission may issue an emergency order under this
14-57 section as provided by Section 5.521, Water Code.
14-58 [(f) If the order issued by the commission pursuant to this
14-59 section is adopted without notice or hearing, the order shall set a
14-60 time, at least 10 but not more than 30 days following the date of
14-61 issuance of the emergency order, and a place for a hearing to be
14-62 held in accordance with the rules of the commission. As a result
14-63 of this hearing, the commission shall decide whether to affirm,
14-64 modify, or set aside the emergency order. All provisions of the
14-65 emergency order shall remain in force and effect during the
14-66 pendency of the hearing, unless otherwise altered by the
14-67 commission.]
14-68 SECTION 20. Sections 11.139 and 11.148, Subsection (f),
14-69 Section 13.041, and Section 13.4133, Water Code, are repealed.
15-1 SECTION 21. (a) This Act takes effect September 1, 1997.
15-2 (b) Subchapter L, Chapter 5, Water Code, as added by this
15-3 Act, applies only to the issuance of an emergency or temporary
15-4 order concerning an act or occurrence that takes place on or after
15-5 September 1, 1997. The issuance of an emergency or temporary order
15-6 concerning an act or occurrence that takes place before September
15-7 1, 1997, is governed by the law in effect at the time the act or
15-8 occurrence took place, and the former law is continued in effect
15-9 for that purpose.
15-10 (c) The change in law made by Section 6 of this Act applies
15-11 only to a violation of an order issued under Section 16.236, Water
15-12 Code, as amended by this Act, that occurs on or after September 1,
15-13 1997. A violation that occurs before that date is governed by the
15-14 law in effect at the time the violation occurred, and the former
15-15 law is continued in effect for that purpose.
15-16 SECTION 22. The importance of this legislation and the
15-17 crowded condition of the calendars in both houses create an
15-18 emergency and an imperative public necessity that the
15-19 constitutional rule requiring bills to be read on three several
15-20 days in each house be suspended, and this rule is hereby suspended.
15-21 * * * * *