1-1 By: Brown S.B. No. 1308
1-2 (In the Senate - Filed March 11, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 6, 1999, reported favorably, as amended, by the following
1-5 vote: Yeas 6, Nays 0; April 6, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Brown
1-7 Amend S.B. No. 1308, Section 2 of the bill, amending Subsection
1-8 (a), Section 26.037, Water Code, as follows (On page 1, line 37 of
1-9 the Introduced version):
1-10 After "plans.", insert the following:
1-11 "The commission shall provide an opportunity for an interested
1-12 person to seek commission review of the executive director's
1-13 decision regarding a water quality management plan approval or
1-14 revision."
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to approval of water quality management plans by the Texas
1-18 Natural Resource Conservation Commission.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Subsection (b), Section 26.036, Water Code, is
1-21 amended to read as follows:
1-22 (b) The executive director may contract with local
1-23 governments, regional planning commissions, planning agencies,
1-24 other state agencies, colleges and universities in the state, and
1-25 any other qualified and competent person to assist [the commission]
1-26 in developing and preparing, and from time to time revising, water
1-27 quality management plans for areas designated by the commission.
1-28 SECTION 2. Section 26.037, Water Code, is amended to read as
1-29 follows:
1-30 Sec. 26.037. APPROVAL OF PLANS. (a) The executive director
1-31 may approve water quality management plans and revisions after a
1-32 public participation opportunity has been provided that at a
1-33 minimum meets federal public participation requirements. Approval
1-34 of water quality management plans shall be consistent with
1-35 applicable state and federal requirements. The commission may
1-36 adopt rules governing approval of water quality management plans.
1-37 [After a water quality management plan has been prepared or
1-38 significantly revised as authorized in Section 26.036 of this code,
1-39 it shall be submitted to the commission and to such local
1-40 governments and other federal, state, and local governmental
1-41 agencies as in the judgment of the commission may be affected by or
1-42 have a legitimate interest in the plan.]
1-43 (b) [After a reasonable period of time as determined by the
1-44 commission for the persons to whom the plan was submitted to review
1-45 and consult on the plan, a public hearing shall be held on whether
1-46 the plan should be approved or whether the plan should be modified
1-47 in any way. Notice of the hearing shall be given to the person or
1-48 persons who prepared or revised the plan and to the persons to whom
1-49 the plan was submitted for review.]
1-50 [(c) After the public hearing if the commission finds that
1-51 the plan complies with the policy and purpose of this chapter and
1-52 the rules and policies of the commission, it shall approve the
1-53 plan. If the commission does not so find, it may disapprove the
1-54 plan, modify the plan as necessary so that it will comply, or
1-55 return it for further development and later resubmission to the
1-56 commission, in accordance with the procedure in Section 26.036 of
1-57 this code.]
1-58 [(d)] When a water quality management plan has been approved
1-59 as provided in this section, the plan may be furnished to the
1-60 Federal Environmental Protection Agency[, the Federal Water Quality
1-61 Administration,] or any other federal official or agency in
2-1 fulfillment of any federal water quality management planning
2-2 requirement specified for any purpose by the federal government.
2-3 (c) [(e)] The board and the commission may use an approved
2-4 water quality management plan or a plan in progress but not
2-5 completed or approved in reviewing and making determinations on
2-6 applications for permits and on applications for financial
2-7 assistance for construction of treatment works.
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.
2-15 * * * * *