By Counts                                             H.B. No. 2588
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to approval of water quality management plans by the Texas
 1-3     Natural Resource Conservation Commission.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 26.036(b), Water Code, is amended to read
 1-6     as follows:
 1-7           (b)  The executive director may contract with local
 1-8     governments, regional planning commissions, planning agencies,
 1-9     other state agencies, colleges and universities in the state, and
1-10     any other qualified and competent person to assist [the commission]
1-11     in developing and preparing, and from time to time revising, water
1-12     quality management plans for areas designated by the commission.
1-13           SECTION 2.  Section 26.037, Water Code, is amended by
1-14     amending Subsections (a) and (d), deleting Subsections (b) and (c)
1-15     and renumbering Subsections (d) and (e)
1-16           Sec. 26.037.  Approval of Plans.  (a)  The executive director
1-17     may approve water quality management plans and revisions after a
1-18     public participation opportunity has been provided that at a
1-19     minimum meets federal public participation requirements.  Approval
1-20     of water quality management plans shall be consistent with
1-21     applicable state and federal requirements.  The commission may
1-22     adopt rules governing approval of water quality management plans.
1-23     [After a water quality management plan has been prepared or
1-24     significantly revised as authorized in Section 26.036 of this code,
 2-1     it shall be submitted to the commission and to such local
 2-2     governments and other federal, state, and local governmental
 2-3     agencies as in the judgment of the commission may be affected by or
 2-4     have a legitimate interest in the plan.]
 2-5           [(b)  After a reasonable period of time as determined by the
 2-6     commission for the persons to whom the plan was submitted to review
 2-7     and consult on the plan a public hearing shall be held on whether
 2-8     the plan should be approved or whether the plan should be modified
 2-9     in any way.  Notice of the hearing shall be given to the person or
2-10     persons who prepared or revised the plan and to the persons to whom
2-11     the plan was submitted for review.]
2-12           [(c)  After the public hearing if the commission finds that
2-13     the plan complies with the policy and purpose of this chapter and
2-14     the rules and policies of the commission, it shall approve the
2-15     plan.  If the commission does not so find, it may disapprove the
2-16     plan, modify the plan as necessary so that it will comply, or
2-17     return it for further development and later resubmission to the
2-18     commission, in accordance with the procedure in Section 26.036 of
2-19     this code.]
2-20           (b) [(d)]  When a water quality management plan has been
2-21     approved as provided in this section the plan may be furnished to
2-22     the Federal Environmental Protection Agency, [the Federal Water
2-23     Quality Administration,] or any other federal official or agency in
2-24     fulfillment of any federal water quality management planning
2-25     requirement specified for any purpose by the federal government.
2-26           (c) [(e)]  The board and the commission may use an approved
2-27     water quality management plan or a plan in progress but not
 3-1     completed or approved in reviewing and making determinations on
 3-2     applications for permits and on applications for financial
 3-3     assistance for construction of treatment works.
 3-4           SECTION 3.  The importance of this legislation and the
 3-5     crowded condition of the calendars in both houses create an
 3-6     emergency and an imperative public necessity that the
 3-7     constitutional rule requiring bills to be read on three several
 3-8     days in each house be suspended, and this rule is hereby suspended,
 3-9     and that this Act take effect and be in force from and after its
3-10     passage, and it is so enacted.