By Counts H.B. No. 2588
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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
2-1 adopt rules governing approval of water quality management plans.
2-2 [After a water quality management plan has been prepared or
2-3 significantly revised as authorized in Section 26.036 of this code,
2-4 it shall be submitted to the commission and to such local
2-5 governments and other federal, state, and local governmental
2-6 agencies as in the judgment of the commission may be affected by or
2-7 have a legitimate interest in the plan.]
2-8 [(b) After a reasonable period of time as determined by the
2-9 commission for the persons to whom the plan was submitted to review
2-10 and consult on the plan a public hearing shall be held on whether
2-11 the plan should be approved or whether the plan should be modified
2-12 in any way. Notice of the hearing shall be given to the person or
2-13 persons who prepared or revised the plan and to the persons to whom
2-14 the plan was submitted for review.]
2-15 [(c) After the public hearing if the commission finds that
2-16 the plan complies with the policy and purpose of this chapter and
2-17 the rules and policies of the commission, it shall approve the
2-18 plan. If the commission does not so find, it may disapprove the
2-19 plan, modify the plan as necessary so that it will comply, or
2-20 return it for further development and later resubmission to the
2-21 commission, in accordance with the procedure in Section 26.036 of
2-22 this code.]
2-23 (b) [(d)] When a water quality management plan has been
2-24 approved as provided in this section the plan may be furnished to
2-25 the Federal Environmental Protection Agency, [the Federal Water
3-1 Quality Administration,] or any other federal official or agency in
3-2 fulfillment of any federal water quality management planning
3-3 requirement specified for any purpose by the federal government.
3-4 (c) [(e)] The board and the commission may use an approved
3-5 water quality management plan or a plan in progress but not
3-6 completed or approved in reviewing and making determinations on
3-7 applications for permits and on applications for financial
3-8 assistance for construction of treatment works.
3-9 SECTION 3. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended,
3-14 and that this Act take effect and be in force from and after its
3-15 passage, and it is so enacted.