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.