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.