HBA-NMO H.B. 3244 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3244 By: Green Natural Resources 4/11/1999 Introduced BACKGROUND AND PURPOSE Currently, certain Texas Natural Resource Conservation Commission (TNRCC) rules affect groundwater in this state. Certain applications of such rules may cause expense and inconvenience to property owners. H.B. 3244 provides that a TNRCC rule relating to groundwater that does not apply uniformly to all groundwater in the state must meet certain equity requirements. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the Texas Natural Resource Conservation Commission is modified in SECTION 1 (Section 26.408) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter J, Chapter 26, Water Code, by adding Section 26.408 to read as follows: Sec. 26.408. NONUNIFORM GROUNDWATER CONSERVATION RULES. (a) Provides that a Texas Natural Resource Conservation Commission (TNRCC) rule relating to groundwater that does not apply uniformly to all groundwater in the state must meet the equity requirements of this section. (b) Provides that the rule must demonstrably improve water quality. (c) Provides that TNRCC, if a rule increases the cost of housing, must demonstrate that the benefit to groundwater quality is proportionate to the increase in housing costs. (d) Prohibits TNRCC from declaring an emergency regarding groundwater unless there is a measurable change in groundwater quality or peer-tested scientific evidence of a clear danger that the declaration of emergency will resolve. (e) Requires TNRCC to comply strictly with statutory requirements for takings assessment, small business assessment, and whether a rule may be more stringent than an express requirement of a federal standard or state law. (f) Provides that the application of a rule, if an attorney general's opinion is requested on TNRCC's rulemaking authority regarding a rule subject to this section or on the validity of a TNRCC rule subject to this section, is stayed during the time that the attorney general's opinion is pending. SECTION 2. Makes application of this Act prospective. SECTION 3. Emergency clause. Effective date: upon passage.