By:  Armbrister                                        S.B. No. 938
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the authority of certain municipalities to regulate in
 1-2     their extraterritorial jurisdictions nonpoint source water
 1-3     pollution.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter E, Chapter 26, Water Code, is amended
 1-6     by adding Section 26.181 to read as follows:
 1-7           Sec. 26.181.  LIMITATION ON WATER POLLUTION CONTROL AUTHORITY
 1-8     OF CERTAIN MUNICIPALITIES.  Notwithstanding any other law, a
 1-9     municipality that has any part of its extraterritorial jurisdiction
1-10     in a county that has within its boundaries at least one groundwater
1-11     conservation district and that is not the county in which the
1-12     majority of the territory inside the municipality's corporate
1-13     boundaries is located may not enforce a water pollution control and
1-14     abatement program or regulate or control nonpoint source water
1-15     pollution in any part of the municipality's extraterritorial
1-16     jurisdiction that is located in that county unless the municipality
1-17     has the written consent of:
1-18                 (1)  the county; and
1-19                 (2)  the groundwater conservation districts in that
1-20     county.
1-21           If a county does not grant consent to the municipality, it
1-22     assumes the authority of and limitations on the municipality under
1-23     Section 26.177.
1-24           SECTION 2.  This Act takes effect September 1, 1999.
 2-1           SECTION 3.  The importance of this legislation and the
 2-2     crowded condition of the calendars in both houses create an
 2-3     emergency and an imperative public necessity that the
 2-4     constitutional rule requiring bills to be read on three several
 2-5     days in each house be suspended, and this rule is hereby suspended.