1-1                                   AN ACT
 1-2     relating to the authority of the Texas Natural Resource
 1-3     Conservation Commission to certify that the discharge of a
 1-4     pollutant will not cause a violation of certain water quality
 1-5     standards under the Federal Water Pollution Control Act and to
 1-6     certain authority of the railroad commission relating to water
 1-7     quality.
 1-8           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-9           SECTION 1.  Section 5.104, Water Code, is amended by adding
1-10     Subsection (c) to read as follows:
1-11           (c)  The commission shall use its best efforts to develop a
1-12     memorandum of understanding with the United States Army Corps of
1-13     Engineers to foster regional programmatic permits under Section
1-14     404, Federal Water Pollution Control Act (33 U.S.C.  Section 1344),
1-15     as amended, in counties in which regional flood control plans have
1-16     been developed.
1-17           SECTION 2.  Chapter 16, Water Code, is amended by adding
1-18     Subchapter K to read as follows:
1-19                 SUBCHAPTER K.  REGIONAL FLOOD CONTROL PLANS
1-20           Sec. 16.381.  APPLICABILITY.  This subchapter applies only
1-21     to:
1-22                 (1)  a county with a population of 2.8 million or more;
1-23     and
1-24                 (2)  a district created under Section 59, Article XVI,
 2-1     Texas Constitution, that:
 2-2                       (A)  has boundaries coextensive with a county
 2-3     described by Subdivision (1); and
 2-4                       (B)  is authorized to provide storm water
 2-5     drainage and flood control facilities.
 2-6           Sec. 16.382.  REGIONAL FLOOD CONTROL PLANNING.  (a)  A
 2-7     district and county may cooperate to develop and adopt a regional
 2-8     flood control plan in the manner provided by Sections 16.315 and
 2-9     16.316.
2-10           (b)  The regional flood control plan must:
2-11                 (1)  include all land located within the boundaries of
2-12     a district that cooperates in preparing a regional plan; and
2-13                 (2)  be consistent with a master drainage plan adopted
2-14     by the district.
2-15           Sec. 16.383.  AUTHORITY TO ACQUIRE LAND.  (a)  A district
2-16     that prepares a regional flood control plan may purchase or receive
2-17     from a landowner property in the county.  For land purchased or
2-18     received under this subsection by a district or county, the
2-19     regional flood control plan must provide for flood mitigation and
2-20     may identify beneficial uses, including habitat restoration,
2-21     natural floodplain storage, parks, green space, intermodal
2-22     transportation corridors, and potential contracts with nonprofit
2-23     corporations for conservation uses.
2-24           (b)  A district may not acquire land under this subchapter by
2-25     the power of eminent domain.
2-26           Sec. 16.384.  RULES.  The regional flood control plan must
2-27     include rules requiring any development in the county to conform
 3-1     with land use and control measures adopted by the district or
 3-2     county under Section 16.315.
 3-3           Sec. 16.385.  FUNDING.  (a)  The regional flood control plan
 3-4     may identify possible means of funding for the purchase of land,
 3-5     including using:
 3-6                 (1)  fees as provided under Chapter 395, Local
 3-7     Government Code;
 3-8                 (2)  money distributed from the county flood control
 3-9     fund by the commissioners court of the county under Section
3-10     256.006, Transportation Code;
3-11                 (3)  grants from the Texas Water Development Board
3-12     under the Texas Water Assistance Program in Chapter 15;
3-13                 (4)  grants from any agency or program of the United
3-14     States government;
3-15                 (5)  tax and other revenue of a district created under
3-16     Section 59, Article XVI, Texas Constitution; and
3-17                 (6)  any available funding authorized by state or
3-18     federal law, including fees collected under Section 16.387.
3-19           (b)  A district that adopts a regional flood control plan
3-20     under this subchapter may request advice from the Texas Water
3-21     Development Board to identify means to finance the purchase of
3-22     land.
3-23           Sec. 16.386.  ADOPTION OF PLAN.  (a)  A district that
3-24     approves the development of a regional flood control plan under
3-25     this subchapter must notify the commission that a regional flood
3-26     control plan will be developed and must identify the boundaries of
3-27     the region to be included within the regional flood control plan.
 4-1           (b)  Before final adoption of a regional flood control plan
 4-2     authorized under this subchapter, the district must send the plan
 4-3     to the commissioners court of the county for the review and
 4-4     approval of the commissioners court.
 4-5           (c)  Not later than the 120th day after the date the
 4-6     commissioners court receives the regional flood control plan, the
 4-7     commissioners court shall:
 4-8                 (1)  adopt a resolution of approval and present the
 4-9     resolution to the district that submitted the plan; or
4-10                 (2)  provide comments to the district indicating the
4-11     changes in the plan that are required for the commissioners court
4-12     to approve the plan.
4-13           (d)  Before the commissioners court acts on a plan under
4-14     Subsection (c), the commissioners court shall conduct at least one
4-15     public meeting to receive comments.  Notice of the meeting must be
4-16     published in a local newspaper of general circulation in the county
4-17     not earlier than the 30th day and not later than the 10th day
4-18     before the date of the hearing.  At the meeting any person may
4-19     present information and data relevant to the proposed regional
4-20     flood control plan.
4-21           (e)  Not later than the 90th day after the date the district
4-22     receives comments from the commissioners court, the district shall
4-23     revise the regional flood control plan and submit the revised plan
4-24     to the commissioners court for review and approval.
4-25           Sec. 16.387.  FEES.  For permit applications in the district
4-26     under Section 404, Federal Water Pollution Control Act (33 U.S.C.
4-27     Section 1344), the district may facilitate the development of
 5-1     alternative wetland mitigation programs.  A program may include the
 5-2     imposition of fees instead of wetland mitigation activities.  The
 5-3     district shall use money from the fees to acquire land in the areas
 5-4     identified as flood hazard areas and not suitable for development.
 5-5           SECTION 3.  Subchapter B, Chapter 26, Water Code, is amended
 5-6     by adding Section 26.0231 to read as follows:
 5-7           Sec. 26.0231.  CERTIFICATION OF FEDERALLY AUTHORIZED
 5-8     DISCHARGES.  (a)  The commission may exercise the powers reserved
 5-9     to the state under Section 401, Federal Water Pollution Control Act
5-10     (33 U.S.C. Section 1341), as amended, to:
5-11                 (1)  certify that the discharge of a pollutant will not
5-12     cause a violation of applicable water quality standards; or
5-13                 (2)  waive certification.
5-14           (b)  The commission shall waive its review under this section
5-15     until September 1, 2001, for a project undertaken in a district
5-16     that has notified the commission under Subchapter K, Chapter 16,
5-17     that development of a regional flood control plan has begun,
5-18     unless:
5-19                 (1)  an environmental impact statement is required
5-20     under the National Environmental Policy Act of 1969 (42 U.S.C.
5-21     Section 4321 et seq.); or
5-22                 (2)  a review is necessary to maintain delegation of a
5-23     federally delegated program or approval of a federally approved
5-24     program.
5-25           (c)  With respect to the activities described in Section
5-26     26.131, Water Code, the Railroad Commission of Texas may exercise
5-27     the powers reserved to the state under the Federal Water Pollution
 6-1     Control Act (33 U.S.C. Section 1341), as amended.
 6-2           (d)  The policy of the commission in exercising its authority
 6-3     under this section shall be to promote compensatory wetland
 6-4     mitigation or payment of fees to substitute for wetland mitigation
 6-5     in compliance with state water quality standards.
 6-6           (e)  The commission by rule shall develop an expedited
 6-7     certification review process under Subsection (a) for:
 6-8                 (1)  projects to be located in an area identified in a
 6-9     regional flood control plan adopted under Subchapter K, Chapter 16,
6-10     as located outside flood hazard areas and appropriate for
6-11     development; or
6-12                 (2)  infrastructure projects to be located in areas
6-13     identified in a regional flood control plan adopted under
6-14     Subchapter K, Chapter 16, as flood hazard areas and not appropriate
6-15     for development.
6-16           (f)  If a review process is required to maintain delegation
6-17     of a federally delegated program or approval of a federally
6-18     approved program, the commission shall develop a review process
6-19     that:
6-20                 (1)  complies with approved water quality standards;
6-21                 (2)  is not more stringent than the process required by
6-22     federal law;
6-23                 (3)  provides acreage thresholds, geographic
6-24     limitations, expedited review processes, and waivers of certain
6-25     project types;
6-26                 (4)  eliminates duplication of federal activities to
6-27     the extent possible; and
 7-1                 (5)  assists applicants in complying with water quality
 7-2     standards.
 7-3           (g)  A district that adopts a regional flood control plan
 7-4     under Subchapter K, Chapter 16, may request assistance from the
 7-5     Texas Water Development Board to create a system for payment to the
 7-6     district by proponents of projects in areas identified in the
 7-7     regional flood control plan as located outside the flood hazard
 7-8     areas and suitable for development of fees instead of compensatory
 7-9     wetlands mitigation.  The fees shall be used by the plan
7-10     participants for acquisition of land in the areas identified as
7-11     flood hazard areas and not suitable for development.
7-12           SECTION 4.  The importance of this legislation and the
7-13     crowded condition of the calendars in both houses create an
7-14     emergency and an imperative public necessity that the
7-15     constitutional rule requiring bills to be read on three several
7-16     days in each house be suspended, and this rule is hereby suspended,
7-17     and that this Act take effect and be in force from and after its
7-18     passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2977 was passed by the House on May
         8, 1999, by the following vote:  Yeas 143, Nays 0, 2 present, not
         voting; and that the House concurred in Senate amendments to H.B.
         No. 2977 on May 26, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2977 was passed by the Senate, with
         amendments, on May 24, 1999, by the following vote:  Yeas 30, Nays
         0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor