By: Brown S.B. No. 1308
A BILL TO BE ENTITLED
AN ACT
1-1 relating to approval of water quality management plans by the Texas
1-2 Natural Resource Conservation Commission.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 26.036, Water Code, is
1-5 amended to read as follows:
1-6 (b) The executive director may contract with local
1-7 governments, regional planning commissions, planning agencies,
1-8 other state agencies, colleges and universities in the state, and
1-9 any other qualified and competent person to assist [the commission]
1-10 in developing and preparing, and from time to time revising, water
1-11 quality management plans for areas designated by the commission.
1-12 SECTION 2. Section 26.037, Water Code, is amended to read as
1-13 follows:
1-14 Sec. 26.037. APPROVAL OF PLANS. (a) The executive director
1-15 may approve water quality management plans and revisions after a
1-16 public participation opportunity has been provided that at a
1-17 minimum meets federal public participation requirements. Approval
1-18 of water quality management plans shall be consistent with
1-19 applicable state and federal requirements. The commission may
1-20 adopt rules governing approval of water quality management plans.
1-21 The commission shall provide an opportunity for an interested
1-22 person to seek commission review of the executive director's
1-23 decision regarding a water quality management plan approval or
1-24 revision. [After a water quality management plan has been prepared
2-1 or significantly revised as authorized in Section 26.036 of this
2-2 code, it shall be submitted to the commission and to such local
2-3 governments and other federal, state, and local governmental
2-4 agencies as in the judgment of the commission may be affected by or
2-5 have a legitimate interest in the plan.]
2-6 (b) [After a reasonable period of time as determined by the
2-7 commission for the persons to whom the plan was submitted to review
2-8 and consult on the plan, a public hearing shall be held on whether
2-9 the plan should be approved or whether the plan should be modified
2-10 in any way. Notice of the hearing shall be given to the person or
2-11 persons who prepared or revised the plan and to the persons to whom
2-12 the plan was submitted for review.]
2-13 [(c) After the public hearing if the commission finds that
2-14 the plan complies with the policy and purpose of this chapter and
2-15 the rules and policies of the commission, it shall approve the
2-16 plan. If the commission does not so find, it may disapprove the
2-17 plan, modify the plan as necessary so that it will comply, or
2-18 return it for further development and later resubmission to the
2-19 commission, in accordance with the procedure in Section 26.036 of
2-20 this code.]
2-21 [(d)] When a water quality management plan has been approved
2-22 as provided in this section, the plan may be furnished to the
2-23 Federal Environmental Protection Agency[, the Federal Water Quality
2-24 Administration,] or any other federal official or agency in
2-25 fulfillment of any federal water quality management planning
2-26 requirement specified for any purpose by the federal government.
3-1 (c) [(e)] The board and the commission may use an approved
3-2 water quality management plan or a plan in progress but not
3-3 completed or approved in reviewing and making determinations on
3-4 applications for permits and on applications for financial
3-5 assistance for construction of treatment works.
3-6 SECTION 3. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended,
3-11 and that this Act take effect and be in force from and after its
3-12 passage, and it is so enacted.