By Krusee                                             H.B. No. 1074
         76R4574 MXM-D                           
                                A BILL TO BE ENTITLED
 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 adding
 1-6     Subsections (e) and (f) to read as follows:
 1-7           (e)  If an accidental discharge or spill described by
 1-8     Subsection (b) may adversely affect a public or private source of
 1-9     drinking water, the individual shall also, for each county that may
1-10     be affected, and not later than 24 hours after the occurrence:
1-11                 (1)  post a public notice at the county courthouse;
1-12                 (2)  notify the county judge;
1-13                 (3)  notify the county health department; and
1-14                 (4)  place a notice in the newspaper with the greatest
1-15     circulation in that county.
1-16           (f)  The commission by rule shall specify the conditions
1-17     under which an individual must comply with Subsection (e) and
1-18     prescribe procedures for  giving the required notice.  The rules
1-19     must require that the individual identify, by location and type or
1-20     segment, the water about which notice must be given.  The rules
1-21     must also state the volume and content of a discharge requiring
1-22     notice, the content of the notice, and the manner of giving notice.
1-23     In formulating the rules, the commission shall consider regional
1-24     information about the susceptibility of a particular water to
 2-1     particular types of pollution.
 2-2           SECTION 2.  (a) This Act takes effect September 1, 1999.
 2-3           (b)  Not later than December 1, 1999, the Texas Natural
 2-4     Resource Conservation Commission shall adopt the rules required by
 2-5     Section 26.039(f), Water Code, as added by this Act.
 2-6           (c)  The change in law made by this Act applies only to an
 2-7     accidental discharge or spill that occurs on or after January 1,
 2-8     2000. An accidental discharge or spill that occurs before January
 2-9     1, 2000, is covered by the law in effect when the discharge or
2-10     spill occurs, and the former law is continued in effect for that
2-11     purpose.
2-12           SECTION 3.  The importance of this legislation and the
2-13     crowded condition of the calendars in both houses create an
2-14     emergency and an imperative public necessity that the
2-15     constitutional rule requiring bills to be read on three several
2-16     days in each house be suspended, and this rule is hereby suspended.