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


Senate Research Center   S.B. 1165
76R8074 SMH-FBy: Wentworth
Natural Resources
3/22/1999
As Filed


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 the 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 regulates
water quality protection zones. 

PURPOSE

As proposed, S.B. 1165 authorizes the Texas Natural Resource Conservation
Commission to regulates 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),
(d), (f), and (g) and adding Subsection (q), 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.  

(f) Authorizes the designation to be amended from time to time. Authorizes
the designation to  specify a person who may sign an amendment of the
designation or the water quality plan for the zone. Authorizes land to be
added to or omitted from the zone by an amendment to the designation.
Requires an amendment to the designation to be signed by each owner of the
land included in the zone or a person specified by the designation.
Provides that an amendment takes effect on recordation of the amendment in
the deed records of the country in which the land is located.  

(g) Requires the Texas Natural Resource Conservation Commission's
(commission) review and approval of a water quality plan or an amendment to
the plan to be performed by the commission staff that is responsible for
reviewing pollution abatement plans in the county where the zone is
located. Requires a water quality plan  to be effective upon recordation of
the plan or the amendment in the deed records and shall apply during the
period of review and approval by the commission or appeal of the denial of
the plan or any amendment, except that development of the land in the zone
may not proceed until the commission approves the plan or amendment.  

 (q) Authorizes the commission, on application of each owner of land in the
zone or a person specified by the designation of the zone or an amendment
to the designation, to terminate a zone on reasonable terms specified by
the commission rules. 

Effective date: 90 days after adjournment.