HBA-NLM H.B. 1693 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1693
By: Keel
Land & Resource Management
3/11/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Section 26.179 (Designation of Water Quality Protection Zones in
Certain Areas), Water Code, provides for the designation of water quality
protection zones in certain areas within the extraterritorial jurisdiction
(ETJ) of certain municipalities.  Pursuant to Section 26.179, a zone may be
created if the zone encompasses 500 acres or more of land and the land in
the zone is wholly within the ETJ of a municipality and has been subjected,
during the preceding five years, to three or more water quality ordinances.
Section 26.179 requires that the designation of a zone include a
description of the proposed land use within the zone, a water quality plan
for the zone and a description of the facilities and infrastructure that
will be provided to protect water quality in the zone. 

H.B. 1693 authorizes amendment to a water quality protection zone
designation and that a designation may specify the authority for execution
of the amendments. This bill authorizes the addition or deletion of land
from the zone to be effective upon filing in the deed records of the county
in which the land is located. H.B. 1693 also authorizes the Texas Natural
Resource Conservation Commission to terminate a zone upon reasonable terms
and conditions as the commission specifies.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends  Sections 26.179(c), (d), (f), and (g), Subchapter E,
Chapter 76, Water Code, as follows: 

(c)  Increases the population criteria under the existing provisions of
this section from 5,000 to 10,000. 

(d)  Provides that the purpose of a water quality protection zone is to
provide for the consistent protection of water quality in the zone without
imposing undue regulatory uncertainty on owners of land in the zone.
Deletes existing text regarding the necessity to facilitate the development
of land within the zone. 

(f)  Authorizes amendment to a water quality protection zone and that a
designation may specify the authority for execution of the amendments.
Authorizes the addition or deletion of land from the zone, to be effective
upon filing in the deed records of the county in which the land is located.
Authorizes the Texas Natural Resource Conservation Commission (commission)
to terminate a zone upon reasonable terms and conditions as the commission
specifies.  

(g)  Includes in the requirement for a review and approval of a water
quality plan, a review and approval of any amendment thereto.  Includes the
condition that new development under a plan is prohibited from proceeding
until the plan, or amendment, as applicable, has been approved by the
commission. 
 
SECTION 2.  Emergency clause.
  Effective date: upon passage.