By Counts H.B. No. 2901
76R7815 SMH-D
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. APPOINTMENT OF INTERIM SELECT COMMITTEE ON THE
1-9 EDWARDS AQUIFER. (a) The governor shall appoint members to an
1-10 interim select committee to study issues regarding the regulation
1-11 of development of land in the Edwards Aquifer region. The
1-12 committee consists of 11 members as follows:
1-13 (1) two representatives of the residential building
1-14 industries with contracts in counties under the jurisdiction of the
1-15 Edwards Aquifer Authority;
1-16 (2) two registered professional engineers who
1-17 regularly design subdivisions with storm water infrastructure in a
1-18 county under the jurisdiction of the Edwards Aquifer Authority;
1-19 (3) one representative of the Texas Natural Resource
1-20 Conservation Commission;
1-21 (4) one representative of the land development
1-22 industry who resides in a county under the jurisdiction of the
1-23 Edwards Aquifer Authority;
1-24 (5) one city manager or assistant city manager of a
2-1 municipality located in a county under the jurisdiction of the
2-2 Edwards Aquifer Authority;
2-3 (6) one representative of consumers who resides in a
2-4 county under the jurisdiction of the Edwards Aquifer Authority;
2-5 (7) one public works official who is responsible for
2-6 maintenance of storm water control facilities in a county under the
2-7 jurisdiction of the Edwards Aquifer Authority;
2-8 (8) one member of a commissioners court of a county
2-9 under the jurisdiction of the Edwards Aquifer Authority; and
2-10 (9) one representative of the Texas Department of
2-11 Transportation.
2-12 (b) The governor shall make the appointments under
2-13 Subsection (a) of this section not later than the 30th day after
2-14 the effective date of this Act.
2-15 (c) At the first meeting of the committee, the members of
2-16 the committee shall elect a member to serve as presiding officer of
2-17 the committee.
2-18 SECTION 2. COMPENSATION AND EXPENSES. A member of the
2-19 committee is not entitled to compensation or to reimbursement for
2-20 expenses.
2-21 SECTION 3. DUTIES. (a) The committee shall meet at least
2-22 once each month and at the call of the presiding officer.
2-23 (b) The committee shall:
2-24 (1) study rules adopted by the Texas Natural Resource
2-25 Conservation Commission that:
2-26 (A) have not taken effect on the date this Act
2-27 is adopted by both houses of the legislature; and
3-1 (B) govern land development or construction in
3-2 counties under the jurisdiction of the Edwards Aquifer Authority;
3-3 and
3-4 (2) report the conclusions of the study as provided by
3-5 Section 4 of this Act.
3-6 (c) The report of the conclusions of the study must include:
3-7 (1) a cost-benefit analysis of the rules described by
3-8 Subsection (b)(1) of this section that compares the costs to
3-9 consumers in counties under the jurisdiction of the Edwards Aquifer
3-10 Authority with the demonstrable reduction of risk of pollution to
3-11 the Edwards Aquifer that may result because of the rule;
3-12 (2) a comparative analysis of the regulation of
3-13 nonpoint source water pollution under United States Environmental
3-14 Protection Agency regulations and under the rules described by
3-15 Subsection (b)(1) of this section that includes:
3-16 (A) an explanation of the relationship between
3-17 the federal regulations and the rules; and
3-18 (B) the probable difference in costs to
3-19 consumers in the counties under the jurisdiction of the Edwards
3-20 Aquifer Authority if regulation of nonpoint source pollution by the
3-21 federal scheme were to replace the regulation by the rules;
3-22 (3) any evidence the committee considers appropriate
3-23 to show the effectiveness of measures that may protect the Edwards
3-24 Aquifer; and
3-25 (4) any recommendations the committee considers
3-26 appropriate regarding measures the Texas Natural Resource
3-27 Conservation Commission may undertake to protect the Edwards
4-1 Aquifer, including alternatives to rules the agency has adopted.
4-2 SECTION 4. REPORT. Not later than December 31, 1999, the
4-3 committee shall present a report of the conclusions of the study
4-4 made under this Act to the:
4-5 (1) Texas Natural Resource Conservation Commission;
4-6 (2) governor;
4-7 (3) lieutenant governor; and
4-8 (4) speaker of the house of representatives.
4-9 SECTION 5. MORATORIUM. Notwithstanding any other law, until
4-10 the date the report required by Section 4 of this Act is presented
4-11 as provided by that section, the Texas Natural Resource
4-12 Conservation Commission may not enforce or act on a rule, order,
4-13 interpretation, decision, or opinion regarding construction
4-14 activity in a county under the jurisdiction of the Edwards Aquifer
4-15 Authority that was adopted, issued, or made by the commission on or
4-16 after January 1, 1998.
4-17 SECTION 6. EXPIRATION. This Act expires May 31, 2000.
4-18 SECTION 7. EMERGENCY. The importance of this legislation
4-19 and the crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended,
4-23 and that this Act take effect and be in force from and after its
4-24 passage, and it is so enacted.