SRC-AXB H.B. 732 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 732
76R2231  DRH-DBy: Bosse (Brown)
Natural Resources
5/3/1999
Engrossed


DIGEST 

The federal Environmental Protection Agency, in accord with the national
Clean Water Act, created regulations for the National Pollutant Discharge
Elimination System (NPDES).  Because of the NPDES population brackets,
Harris County is the only place in Texas included in the regulations.
Therefore, Harris County, the City of Houston, the Harris County Flood
Control District, and the Texas Department of Transportation applied for
and were issued a joint NPDES permit to implement the program.  The permit
requires the joint permitees to submit a comprehensive stormwater
management plan.  H.B. 732 creates regulations for stormwater management
plans of certain political subdivisions to comply with NPDES requirements,
and provides a penalty. 

PURPOSE

As proposed, H.B. 732 creates regulations for stormwater management plans
of certain political subdivisions, and provides a penalty. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 13C, Local Government Code, by adding Chapter 422,
as follows: 

CHAPTER 422.  AUTHORITY OF CERTAIN COUNTIES AND DISTRICTS TO REGULATE
STORMWATER MANAGEMENT 

Sec.  422.001.  COUNTY OR DISTRICT SUBJECT TO CHAPTER.  Limits the
application of this chapter to include only a county with a minimum 2.8
million population, and a certain district or authority. 

Sec.  422.002.  GENERAL AUTHORITY.  Authorizes certain entities to take
actions to comply with the stormwater permitting program requirements.
Sets forth the authorized actions. 

Sec.  422.003.  CIVIL PENALTY; INJUNCTION.  Creates a maximum daily civil
penalty of $1,000 for a violation of this chapter.  Authorizes certain
entities to bring a suit in a district court to restrain a violation or
recover a civil penalty. 

SECTION 2.  Emergency clause.
  Effective date:  upon passage.