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.
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