1-1                                   AN ACT
 1-2     relating to public notification of certain accidental discharges or
 1-3     spills into water.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.   Section 26.039, Water Code, is amended by
 1-6     amending Subsection (b) and adding Subsections (e) and (f) to read
 1-7     as follows:
 1-8           (b)  Whenever an accidental discharge or spill occurs at or
 1-9     from any activity or facility which causes or may cause pollution,
1-10     the individual operating, in charge of, or responsible for the
1-11     activity or facility shall notify the commission as soon as
1-12     possible and not later than 24 hours after the occurrence.  The
1-13     individual's notice to the commission must include the location,
1-14     volume, and content of the discharge or spill.
1-15           (e)  If an accidental discharge or spill described by
1-16     Subsection (b)  from a wastewater treatment or collection facility
1-17     owned or operated by a local government may adversely affect a
1-18     public or private source of drinking water, the individual shall
1-19     also notify appropriate local government officials and local media.
1-20           (f)  The commission by rule shall specify the conditions
1-21     under which an individual must comply with Subsection (e) and
1-22     prescribe procedures for  giving the required notice.  The rules
1-23     must also state the content of the notice and the manner of giving
1-24     notice.  In formulating the rules, the commission shall consider:
 2-1                 (1)  the nature and extent of the discharge or spill;
 2-2                 (2)  the potential effect of the discharge or spill;
 2-3     and
 2-4                 (3)  regional information about the susceptibility of a
 2-5     particular drinking water source to a specific type of pollution.
 2-6           SECTION 2.  (a) This Act takes effect September 1, 1999.
 2-7           (b)  Not later than December 1, 1999, the Texas Natural
 2-8     Resource Conservation Commission shall adopt the rules required by
 2-9     Section 26.039(f), Water Code, as added by this Act.
2-10           (c)  The change in law made by this Act applies only to an
2-11     accidental discharge or spill that occurs on or after January 1,
2-12     2000. An accidental discharge or spill that occurs before January
2-13     1, 2000, is covered by the law in effect when the discharge or
2-14     spill occurs, and the former law is continued in effect for that
2-15     purpose.
2-16           SECTION 3.  The importance of this legislation and the
2-17     crowded condition of the calendars in both houses create an
2-18     emergency and an imperative public necessity that the
2-19     constitutional rule requiring bills to be read on three several
2-20     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1074 was passed by the House on April
         16, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1074 was passed by the Senate on May
         10, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor