Amend Floor Amendment No. 1 to CSHB 801 as follows:
      (1)  On page 4, line 7, strike the "Section 26.0286" and
"Sections 26.0286 and 26.0287";
      (2)  On page 4, after line 37, insert the following:
      Sec. 26.0287.  PROCEDURES APPLICABLE TO PERMITS FOR WATER
POLLUTION CONTROL AND ABATEMENT PROGRAMS AND REGULATION AND CONTROL
OF NONPOINT SOURCE WATER POLLUTION. (a)  In this section, "program"
means an ordinance, regulation or methodology promulgated under
Section 26.177, Water Code.
      (b)  A city may not enforce or adopt a program under Section
26.177 unless the program has been permitted under Subchapter M,
Chapter 5.
      (c)  In addition to the procedures provided in Subchapter M,
Chapter 5, any person affected by a program in existence on the
effective date of this Act may request the commission to review the
program.  The commission shall commence a review of the program
within 60 days of the request being filed.  In reviewing the
program, the commission shall determine whether the program meets
the goals of Section 26.177 and whether the program is equitable
and uniform for water pollution control and abatement or the
regulation or control of nonpoint source water pollution throughout
the city.  During the pendency of the review, the program may not
be enforced, and the rules of the commission regarding water
pollution control and abatement and the regulation or control of
nonpoint source water pollution shall be applied in the area
affected by the program.
      (d)  The commission shall not approve or issue a permit under
this section pursuant to Subchapter M, Chapter 5, for a program to
a city that has any part of its extraterritorial jurisdiction in a
county that has within its boundaries at least one groundwater
conservation district and that is not in the county in which a
majority of the territory inside the city's corporate boundaries is
located unless the commission has received the written consent of:
            (1)  the commissioner's court of the county; and
            (2)  the groundwater conservation districts in the
county.
If the county does not grant consent to the city, the county must
develop a program under Section 26.177 and apply to the commission
for a permit under this section and Subchapter M, Chapter 5.
      (e)  Subsection (d) does not apply to:
            (1)  a city principally located in a county in which a
subsidence district is located; or
            (2)  a city with a population of less than 160,000
located in more than one county.
      (f)  A city to which subsection (d) applies may not enforce a
water pollution control and abatement program or regulate or
control nonpoint source water pollution in any part of the city's
extraterritorial jurisdiction that is located in the county
described in subsection (d) without an environmental permit issued
by the commission pursuant to this section and Subchapter M,
Chapter 5.