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A BILL TO BE ENTITLED
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AN ACT
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relating to the period for which the Texas Commission on |
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Environmental Quality may grant or renew an emergency authorization |
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relating to the use of state water. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.139, Water Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Section 11.148 [of this code], the |
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commission may grant an emergency permit, order, or amendment to an |
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existing permit, certified filing, or certificate of adjudication |
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after notice to the governor for an initial period of not more than |
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two years [120 days] if the commission finds that: |
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(1) emergency conditions exist which present an |
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imminent threat to the public health and safety and which override |
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the necessity to comply with established statutory procedures; and |
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(2) there are no feasible practicable alternatives to |
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the emergency authorization. |
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(a-1) The commission may renew an [Such] emergency |
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authorization granted under Subsection (a) [action may be renewed
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once] for successive periods of not longer than one year each [60
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days]. The commission may provide for automatic renewals of an |
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authorization for periods of not longer than one year each. |
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SECTION 2. (a) Except as provided by Subsection (b) of this |
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section, the change in law made by this Act applies only to an |
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application for an emergency authorization or renewal of an |
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emergency authorization that is submitted to the Texas Commission |
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on Environmental Quality on or after the effective date of this Act. |
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An application for an emergency authorization or renewal of an |
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emergency authorization that is submitted to the commission before |
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the effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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(b) If on or after the effective date of this Act a person |
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submits to the Texas Commission on Environmental Quality an |
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application for the renewal of an emergency authorization that was |
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granted by the commission before the effective date of this Act, the |
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commission may renew the emergency authorization once for a period |
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of not longer than one year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |