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.
 2-6                          COMMITTEE AMENDMENT NO. 1
 2-7           Amend S.B. No. 938 (Senate engrossment) in Section 1 of the
 2-8     bill, in added Section 26.181, Water Code, as follows:
 2-9           (1)  Immediately after the heading of that section (page 1,
2-10     line 8) insert "(a)".
2-11           (2)  Following Subdivision (2) and immediately before "If a
2-12     county" (page 1, line 21), insert "(b)".
2-13           (3)  Immediately following the last sentence of the section
2-14     (page 1, between lines 23 and 24), insert:
2-15           (c)  This section does not apply to:
2-16                 (1)  a municipality located in a county in which a
2-17     subsidence district is located; or
2-18                 (2)  a municipality with a population of less than
2-19     160,000 that is located in two counties.
2-20     76R14803 JJT-F                                               Walker