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.