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Amend SB 1858 (committee printing) in Section 2 of the bill as
follows:
(1) Strike the introductory language to Section 2 of the
bill (page 1, lines 16 and 17), and substitute the following:
SECTION 2. Section 26.177, Water Code, is amended by
amending Subsections (a), (b), (c), (d), (f), and (g) and adding
Subsection (i) to read as follows:
(2) In amended Section 26.177(a), Water Code (page 1, lines
18 and 19), strike "Notwithstanding any other law, a local
government [A city]" and substitute "A local government [city]".
(3) In amended Section 26.177(a), Water Code (page 1, line
22), strike "only".
(4) In amended Section 26.177(a), Water Code (page 1, line
23), before "commission", insert "minimum".
(5) In amended Section 26.177(a), Water Code (page 1, lines
24 through 26), strike "rules. A local government does not have
independent authority to regulate water quality, issue permits, or
establish standards or practices for water quality [city]" and
substitute "rules [city]".
(6) In amended Section 26.177(b), Water Code (page 1, lines
47 and 48), strike "that are not located within a county that has
adopted a water pollution control and abatement program and that
[which]" and substitute "which".
(7) In amended Section 26.177(b), Water Code (page 1, line
51), between "jurisdiction" and the period, insert ", unless those
areas are also located in a county that has adopted a water
pollution control and abatement program, in which case the more
stringent water pollution control and abatement program prevails".
(8) In amended Section 26.177(b), Water Code (page 1, lines
55 through 58), strike "that portion of the city's extraterritorial
jurisdiction automatically shall be removed from the city's program
and shall be subject only to the county's water pollution control
and abatement program" and substitute "the more stringent water
pollution control and abatement program prevails".
(9) In amended Section 26.177(b), Water Code (page 1, line
61), between "with" and "pollution", insert "minimum".
(10) In amended Section 26.177(b)(5), Water Code (page 2,
line 20), between "with" and "state", insert "minimum".
(11) In amended Section 26.177(c), Water Code (page 2, line
30), between "approval" and the period, insert "to ensure
compliance with minimum standards set by the commission".
(12) In amended Section 26.177(c), Water Code (page 2, line
31), between "program" and "is not effective", insert "that is in
effect before June 1, 2005, is effective and may be enforced
pending commission review and approval under this subsection. A
water pollution control and abatement program adopted on or after
June 1, 2005,".
(13) In amended Section 26.177, Water Code (page 2, between
lines 64 and 65), insert the following:
(i) This section may not be construed to prevent a local
government from establishing a water pollution control and
abatement program that is more stringent than minimum state water
quality standards and practices or other pollution and degradation
standards and practices adopted by the commission. The commission,
when reviewing and approving local government plans under this
section, must review and consider for approval, modification, or
denial a plan that at least meets minimum standards adopted by the
commission. It is the policy of this state that different areas of
this state have unique environmental and geological features, and
the commission should recognize the needs of unique areas by
establishing separate sets of rules under this section for unique
areas, including the Edwards Aquifer recharge zone.