SRC-ARR S.B. 1165 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1165
By: Wentworth
Natural Resources
7/27/1999
Enrolled


DIGEST 

Currently, Texas law provides for the designation of water quality
protection zones in certain areas within the extraterritorial jurisdiction
(ETJ) of certain municipalities. A zone may be created if the zone
encompasses 500 acres or more of land, and the land in the zone is wholly
within the ETJ of a municipality and has been subjected, during the
preceding five years, to three or more water quality ordinances.  S.B. 1165
authorizes the Texas Natural Resource Conservation  Commission to regulate
water quality protection zones. 

PURPOSE

As proposed, S.B. 1165 authorizes the Texas Natural Resource Conservation
Commission to regulate water quality protection zones. 

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 Section 26.179, Water Code, by amending Subsections (c),
and (d), and (e) adding a new Subsection (g), amending and redesignating
existing Subsection (g) as Subsection (h), and redesignating existing
Subsection (p), as follows: 

(c) Provides that this section applies only to those areas within the
extraterritorial jurisdiction, outside the corporate limits of a
municipality with a population greater than 10,000, rather than 5,000.  

(d) Provides that the purpose of a water quality protection zone (zone) is
to provide for the consistent protection of water quality in the zone
without imposing undue regulatory uncertainty on owners of land in the
zone, rather than the flexibility necessary to facilitate the development
of the land within the zone.  

(e) Requires a water quality protection zone designated under this section
to be described by metes and bounds or other adequate legal description. 

(g) Authorizes a water quality protection zone designation to be amended
and a designation to specify the party or parties authorized to execute
amendments to the zone designation and the zone's water plan. Authorizes
land to be added to or excluded from a zone by amending the zone
designation. Requires an amendment to a zone designation adding land to or
excluding land from a zone to describe the boundaries of the zone as
enlarged or reduced by metes and bounds or other adequate legal
description. Provides that an amendment to a zone designation is effective
on its filing in the deed records in the county. Authorizes the Texas
Natural Resource Conservation Commission (commission), on application by
all owners of land in a zone, or by each party authorized by the zone
designation or an amendment to the zone designation to amend the zone
designation, to terminate a zone on reasonable terms and conditions
specified by the commission. 

(h) Requires the commission's review and approval of the plan or any
amendment to the plan  to be completed within 120 days of the date it is
filed with the commission. Prohibits new development under a plan until the
plan or amendment to the plan, as appropriate, has been approved by the
commission.  

SECTION 2. Makes application of this Act prospective.

SECTION 3. Provides that all actions taken by the Texas Natural Resource
Conservation Commission or another state agency before the effective date
of this Act relating to the approval under Section 26.179, Water Code, of
the designation of a tract as a water quality protection zone, of a water
quality plan for a zone, or of an amendment to a designation or plan are
ratified, validated, approved, and confirmed. 

SECTION 4. Emergency clause.
           Effective date: upon passage.