76R14277 E
By Counts, et al. H.B. No. 2901
Substitute the following for H.B. No. 2901:
By Counts C.S.H.B. No. 2901
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment of an interim select committee to study
1-3 the regulation of the Edwards Aquifer region; imposing a moratorium
1-4 on enforcement of certain actions of the Texas Natural Resource
1-5 Conservation Commission regarding construction in the Edwards
1-6 Aquifer region.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Subchapter B, Chapter 26, Water Code, is amended
1-9 by adding Sections 26.0462 and 26.0463 to read as follows:
1-10 Sec. 26.0462. PROTECTION OF WATER QUALITY IN EDWARDS AQUIFER
1-11 REGION. (a) In this section:
1-12 (1) "Contributing zone" means an area or watershed
1-13 designated by the commission and shown on official maps maintained
1-14 by the commission where runoff from precipitation flows
1-15 downgradient to the recharge zone.
1-16 (2) "Edwards Aquifer" means that portion of an arcuate
1-17 belt of porous, water-bearing, predominantly carbonate rocks known
1-18 as the Edwards (Balcones Fault Zone) Aquifer trending from west to
1-19 east to northeast in Kinney, Uvalde, Medina, Bexar, Comal, Hays,
1-20 Travis, and Williamson counties and composed of the Salmon Peak
1-21 Limestone, McKnight Formation, West Nueces Formation, Devil's River
1-22 Limestone, Person Formation, Kainer Formation, Edwards Group, and
1-23 Georgetown Formation.
1-24 (3) "Edwards Aquifer region" means the recharge,
2-1 transition, or contributing zone of the Edwards Aquifer.
2-2 (4) "Recharge zone" means that area designated by the
2-3 commission and shown on official maps maintained by the commission
2-4 where the stratigraphic units constituting the Edwards Aquifer crop
2-5 out, including the outcrops of other geologic formations in
2-6 proximity to the Edwards Aquifer, where caves, sinkholes, faults,
2-7 fractures, or other permeable features would create a potential for
2-8 recharge of surface water into the Edwards Aquifer.
2-9 (5) "Transition zone" means that area designated by
2-10 the commission and shown on official maps maintained by the
2-11 commission where geologic formations crop out in proximity to and
2-12 south and southeast of the recharge zone and where faults,
2-13 fractures, and other geologic features present a possible avenue
2-14 for recharge of surface water into the Edwards Aquifer.
2-15 (b) The commission shall adopt and enforce rules regarding
2-16 construction-related activity on the recharge zone that has the
2-17 potential for polluting the Edwards Aquifer and hydrologically
2-18 connected surface streams in order to protect existing and
2-19 potential uses of groundwater and maintain state water quality
2-20 standards, including rules regarding:
2-21 (1) construction of buildings, utility stations,
2-22 roads, highways, or railroads;
2-23 (2) clearing, excavation, or other activities that
2-24 alter or disturb the topographic, geologic, or existing recharge
2-25 characteristics of a site;
2-26 (3) installation of aboveground or underground storage
2-27 tank facilities on the recharge zone; or
3-1 (4) other activities that may contaminate the Edwards
3-2 Aquifer and hydrologically connected surface streams.
3-3 (c) Subsection (b) does not require the commission to adopt
3-4 or enforce rules regarding:
3-5 (1) the clearing of vegetation in a 10-foot wide path
3-6 for the sole purpose of surveying, without significantly disturbing
3-7 the soil;
3-8 (2) agricultural activities, except feedlots or
3-9 concentrated animal feeding operations;
3-10 (3) activities associated with the exploration,
3-11 development, and production of oil or gas or geothermal resources
3-12 under the jurisdiction of the Railroad Commission of Texas;
3-13 (4) routine maintenance of existing structures that
3-14 does not involve additional site disturbance, including the
3-15 resurfacing of paved roads, parking lots, sidewalks, or other
3-16 development-related impervious surfaces, the building of fences,
3-17 and other similar activities that have little or no potential for
3-18 contaminating groundwater or will not significantly change
3-19 topographic, geologic, or existing sensitive features; or
3-20 (5) construction of single-family residences on lots
3-21 that are larger than five acres if not more than one single-family
3-22 residence is located on each lot.
3-23 (d) Notwithstanding any other law, until January 1, 2000,
3-24 the commission may not enforce or act on a rule, order,
3-25 interpretation, decision, or opinion regarding an activity
3-26 described by Subsection (b) that was adopted, issued, or made by
3-27 the commission on or after January 1, 1998.
4-1 (e) Notwithstanding Subsection (d), the commission may apply
4-2 a rule described by Subsection (b) that was in effect on January 1,
4-3 1998, to the contributing zone.
4-4 Sec. 26.0463. SELECT COMMITTEE ON REGULATION OF EDWARDS
4-5 AQUIFER. (a) In this section, "Edwards Aquifer region" has the
4-6 meaning assigned by Section 26.0462.
4-7 (b) The commission shall convene a select committee on the
4-8 Edwards Aquifer region to study the need for and potential
4-9 effectiveness, efficiency, and economic effects of rules adopted by
4-10 the commission that have not taken effect as of January 1, 1999,
4-11 that apply to activities described by Sections 26.0462(b) and (e).
4-12 (c) The committee consists of 20 members as follows:
4-13 (1) one member appointed by the commission who
4-14 represents the commission;
4-15 (2) one member appointed by the county judge of Comal
4-16 County;
4-17 (3) one member appointed by the county judge of Kinney
4-18 County;
4-19 (4) one member appointed by the county judge of Medina
4-20 County;
4-21 (5) one member appointed by the county judge of Uvalde
4-22 County;
4-23 (6) two members appointed by the county judge of Bexar
4-24 County;
4-25 (7) two members appointed by the county judge of Hays
4-26 County;
4-27 (8) two members appointed by the county judge of
5-1 Travis County;
5-2 (9) two members appointed by the county judge of
5-3 Williamson County;
5-4 (10) one member appointed by the commission who
5-5 represents the residential building industry and resides in a
5-6 county that is part of the Edwards Aquifer region;
5-7 (11) one member appointed by the commission who is a
5-8 registered professional engineer and regularly designs subdivisions
5-9 with stormwater infrastructure within the Edwards Aquifer region;
5-10 (12) one member appointed by the commission who
5-11 represents a nonprofit organization that is dedicated to
5-12 environmental conservation;
5-13 (13) one member appointed by the Parks and Wildlife
5-14 Department;
5-15 (14) one member appointed by the Texas Department of
5-16 Transportation;
5-17 (15) one member appointed by the Texas Water
5-18 Development Board; and
5-19 (16) one member appointed by the Fish and Wildlife
5-20 Service of the United States Department of the Interior.
5-21 (d) The entities entitled to make appointments to the
5-22 committee shall make the appointments not later than the 30th day
5-23 after the date this section takes effect.
5-24 (e) The committee shall hold its first meeting not later
5-25 than the 60th day after the date this section takes effect.
5-26 (f) The members of the committee shall elect a member to
5-27 serve as the presiding officer of the committee. The committee
6-1 shall meet at least once each month and at the call of the
6-2 presiding officer.
6-3 (g) At any time during its deliberations, the committee may
6-4 seek the input of the governor, lieutenant governor, or speaker of
6-5 the house of representatives.
6-6 (h) A member of the committee is not entitled to
6-7 compensation or reimbursement for expenses.
6-8 (i) Not later than December 31, 1999, the committee shall
6-9 present a report of the conclusions of the study made under this
6-10 section to the:
6-11 (1) governor;
6-12 (2) lieutenant governor;
6-13 (3) speaker of the house of representatives; and
6-14 (4) commission.
6-15 (j) This section expires and the committee is abolished
6-16 January 1, 2000.
6-17 SECTION 2. The importance of this legislation and the
6-18 crowded condition of the calendars in both houses create an
6-19 emergency and an imperative public necessity that the
6-20 constitutional rule requiring bills to be read on three several
6-21 days in each house be suspended, and this rule is hereby suspended,
6-22 and that this Act take effect and be in force from and after its
6-23 passage, and it is so enacted.