By Green                                              H.B. No. 3244
         76R4160 MI-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to standards for certain groundwater rules adopted by the
 1-3     Texas Natural Resource Conservation Commission.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter J, Chapter 26, Water Code, is amended
 1-6     by adding Section 26.408 to read as follows:
 1-7           Sec. 26.408.  NONUNIFORM GROUNDWATER CONSERVATION RULES.  (a)
 1-8     A commission rule relating to groundwater that does not apply
 1-9     uniformly to all  groundwater in the state must meet the equity
1-10     requirements of this section.
1-11           (b)  The rule must demonstrably improve water quality.
1-12           (c)  If a rule increases the cost of housing, the commission
1-13     must demonstrate that the benefit to groundwater quality is
1-14     proportionate to the increase in housing costs.
1-15           (d)  The commission may not declare an emergency regarding
1-16     groundwater unless there is a measurable change in groundwater
1-17     quality or peer-tested scientific evidence of a clear danger that
1-18     the declaration of emergency will resolve.
1-19           (e)  The commission shall comply strictly with statutory
1-20     requirements for takings assessment, small business assessment, and
1-21     whether a rule may be more stringent than an express requirement of
1-22     a federal standard or state law.
1-23           (f)  If an attorney general's opinion is requested on the
1-24     commission's rulemaking authority regarding a rule subject to this
 2-1     section or on the validity of a commission rule subject to this
 2-2     section, the application of the rule is stayed during the time that
 2-3     the attorney general's opinion is pending.
 2-4           SECTION 2.  The change in law made by Section 26.408, Water
 2-5     Code, as added by this Act, applies only to a rule that is proposed
 2-6     by the Texas Natural Resource Conservation Commission on or after
 2-7     the effective date of this Act.
 2-8           SECTION 3.  The importance of this legislation and the
 2-9     crowded condition of the calendars in both houses create an
2-10     emergency and an imperative public necessity that the
2-11     constitutional rule requiring bills to be read on three several
2-12     days in each house be suspended, and this rule is hereby suspended,
2-13     and that this Act take effect and be in force from and after its
2-14     passage, and it is so enacted.