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