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.