76R13113 DRH-F
By Dutton H.B. No. 3027
Substitute the following for H.B. No. 3027:
By Crabb C.S.H.B. No. 3027
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the uniform regulation and application of water
1-3 pollution standards in the corporate limits of a municipality.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 401.002, Local Government Code, is
1-6 amended to read as follows:
1-7 Sec. 401.002. PROTECTION OF STREAMS AND WATERSHEDS BY
1-8 HOME-RULE MUNICIPALITY. (a) A home-rule municipality may prohibit
1-9 the pollution or degradation of and may police any portion of a
1-10 stream, drain, recharge feature, recharge area, or tributary
1-11 located within the corporate limits of the municipality that may
1-12 constitute or recharge the source of water supply of any
1-13 municipality.
1-14 (b) Water quality ordinances, regulations, or methodologies
1-15 adopted under Subsection (a) must have uniform application and
1-16 cover the entire area of all streams, drains, recharge features,
1-17 recharge areas, or tributaries that may constitute the source or
1-18 recharge of water supply for any municipality and that are located
1-19 within the corporate limits of the municipality [A home-rule
1-20 municipality may provide for the protection of and may police any
1-21 watersheds].
1-22 (c) This section does not apply to a water quality
1-23 ordinance, regulation, or methodology to the extent the provisions
1-24 of the ordinance, regulation, or methodology are specifically
2-1 required by federal or state law. If federal or state law requires
2-2 a permit for implementing water quality regulations, the
2-3 municipality must provide that any ordinance, rule, regulation,
2-4 order, or methodology adopted to meet the permit is uniformly
2-5 applied and enforced in the entire area of the streams, drains,
2-6 recharge features, recharge areas, or tributaries located within
2-7 the corporate limits of the municipality [The authority granted by
2-8 this section may be exercised inside the municipality's boundaries
2-9 or inside the municipality's extraterritorial jurisdiction or
2-10 outside the municipality's extraterritorial jurisdiction only if
2-11 required to meet other state or federal requirements. The
2-12 authority granted by this section for the protection of recharge,
2-13 recharge areas, or recharge features of groundwater aquifers may be
2-14 exercised outside the municipality's boundaries and within the
2-15 extraterritorial jurisdiction provided the municipality exercising
2-16 such authority has a population greater than 750,000 and the
2-17 groundwater constitutes more than 75 percent of the municipality's
2-18 source of water supply].
2-19 (d) Except as provided by this section and Section 26.177,
2-20 Water Code, a home-rule municipality may not regulate water
2-21 pollution in the municipality.
2-22 SECTION 2. Chapter 401, Local Government Code, is amended by
2-23 adding Section 401.004 to read as follows:
2-24 Sec. 401.004. REGULATION IN EXTRATERRITORIAL JURISDICTION
2-25 PROHIBITED. Notwithstanding any other law to the contrary, a
2-26 municipality may not regulate water quality or water pollution in
2-27 the extraterritorial jurisdiction of the municipality.
3-1 SECTION 3. Sections 26.177(b) and (c), Water Code, are
3-2 amended to read as follows:
3-3 (b) The water pollution control and abatement program of a
3-4 city shall encompass the entire area within the corporate limits of
3-5 the city [and, subject to Section 26.179 of this code, may include
3-6 areas within its extraterritorial jurisdiction which in the
3-7 judgment of the city should be included to enable the city to
3-8 achieve the objectives of the city for the area within its
3-9 territorial jurisdiction]. The city shall include in the program
3-10 the services and functions which, in the judgment of the city or as
3-11 may be reasonably required by the commission, will provide
3-12 effective water pollution control and abatement for the city,
3-13 including the following services and functions:
3-14 (1) the development and maintenance of an inventory of
3-15 all significant waste discharges into or adjacent to the water
3-16 within the city [and, where the city so elects, within the
3-17 extraterritorial jurisdiction of the city,] without regard to
3-18 whether or not the discharges are authorized by the commission;
3-19 (2) the regular monitoring of all significant waste
3-20 discharges included in the inventory prepared pursuant to
3-21 Subdivision (1) of this subsection;
3-22 (3) the collecting of samples and the conducting of
3-23 periodic inspections and tests of the waste discharges being
3-24 monitored to determine whether the discharges are being conducted
3-25 in compliance with this chapter and any applicable permits, orders,
3-26 or rules of the commission, and whether they should be covered by a
3-27 permit from the commission;
4-1 (4) in cooperation with the commission, a procedure
4-2 for obtaining compliance by the waste dischargers being monitored,
4-3 including where necessary the use of legal enforcement proceedings;
4-4 (5) the development and execution of reasonable and
4-5 realistic plans for controlling and abating pollution or potential
4-6 pollution resulting from generalized discharges of waste which are
4-7 not traceable to a specific source, such as storm sewer discharges
4-8 and urban runoff from rainwater; and
4-9 (6) any additional services, functions, or other
4-10 requirements as may be prescribed by commission rule.
4-11 (c) The water pollution control and abatement program
4-12 required by Subsections (a) and (b) of this section must cover the
4-13 entire area within the corporate limits of the city. A program
4-14 adopted under this section must apply identical water quality
4-15 ordinances or regulations and use identical methodologies
4-16 throughout the city and must be submitted to the commission for
4-17 review and approval. The commission may adopt rules providing the
4-18 criteria for the establishment of those programs and the review and
4-19 approval of those programs. The rules must provide that to be
4-20 approved a program must meet the requirements of this section and
4-21 Section 401.002, Local Government Code.
4-22 SECTION 4. Section 26.180(c), Water Code, is amended to read
4-23 as follows:
4-24 (c) The municipality by ordinance shall adopt a nonpoint
4-25 source water pollution control and abatement program for the
4-26 municipality [and its extraterritorial jurisdiction before the
4-27 municipality adopts a resolution or ordinance creating an
5-1 extraterritorial jurisdiction under Section 42.903, Local
5-2 Government Code]. Any program adopted under this section must
5-3 apply identical water quality regulations and use identical
5-4 methodologies throughout the area within the corporate limits of
5-5 the municipality. The municipality shall submit the ordinance
5-6 creating the program to the commission. The commission may not
5-7 approve the ordinance if the ordinance does not meet the
5-8 requirements of this section and Section 26.177. Notwithstanding
5-9 any other law [requiring the adoption of an ordinance creating an
5-10 extraterritorial jurisdiction and approval by the commission], the
5-11 ordinance creating the program becomes effective and is enforceable
5-12 by the municipality on the 90th day after the date the municipality
5-13 submits the ordinance unless the ordinance is disapproved by the
5-14 commission during the 90-day period.
5-15 SECTION 5. Sections 26.180(e) and (f), Water Code, are
5-16 repealed.
5-17 SECTION 6. (a) This Act takes effect September 1, 1999.
5-18 (b) A water quality ordinance, regulation, rule, or
5-19 methodology that is in effect on the effective date of this Act
5-20 that does not comply with the changes in law made by this Act is
5-21 void.
5-22 SECTION 7. The importance of this legislation and the
5-23 crowded condition of the calendars in both houses create an
5-24 emergency and an imperative public necessity that the
5-25 constitutional rule requiring bills to be read on three several
5-26 days in each house be suspended, and this rule is hereby suspended.