HBA-NMO H.B. 3244 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3244
By: Green
Natural Resources
4/11/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, certain Texas Natural Resource Conservation Commission (TNRCC)
rules affect groundwater in this state.  Certain applications of such rules
may cause expense and inconvenience to property owners.  H.B. 3244 provides
that a TNRCC rule relating to groundwater that does not apply uniformly to
all groundwater in the state must meet certain equity requirements. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to the Texas Natural Resource Conservation
Commission is modified in SECTION 1 (Section 26.408) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter J, Chapter 26, Water Code, by adding Section
26.408 to read as follows: 
 
Sec. 26.408.  NONUNIFORM  GROUNDWATER CONSERVATION RULES. (a) Provides that
a Texas Natural Resource Conservation Commission (TNRCC) rule relating to
groundwater that does not apply uniformly to all groundwater in the state
must meet the equity requirements of this section.  

(b) Provides that the rule must demonstrably improve water quality. 
 
(c) Provides that TNRCC, if a rule increases the cost of housing, must
demonstrate that the benefit to groundwater quality is proportionate to the
increase in housing costs.  
 
(d)  Prohibits TNRCC from declaring an emergency regarding groundwater
unless there is a measurable change in groundwater quality or peer-tested
scientific evidence of a clear danger that  the declaration of emergency
will resolve.  

(e) Requires TNRCC to comply strictly with statutory requirements for
takings assessment, small business assessment, and whether a rule may be
more stringent than an express requirement of a federal standard or state
law.  

(f) Provides that the application of a rule, if an attorney general's
opinion is requested on TNRCC's rulemaking authority regarding a rule
subject to this section or on the validity of a TNRCC rule subject to this
section, is stayed during the time that the attorney general's opinion is
pending. 
 
SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Emergency clause.
Effective date: upon passage.