HBA-MPM H.B. 732 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 732
By: Bosse
Natural Resources
3/22/1999
Introduced



BACKGROUND AND PURPOSE 

The federal Environmental Protection Agency (EPA), in accord with the
national Clean Water Act (CWA), promulgated regulations implementing the
National Pollutant Discharge Elimination System (NPDES).  Because of the
population brackets included in the regulations, Harris County is the only
county in Texas included in Phase I of NPDES; therefore, Harris County, the
City of Houston, the Harris County Flood Control District, and the Texas
Department of Transportation applied for and were issued a joint NPDES
permit to implement the program and which requires the joint permitees,
including Harris County, to submit a Comprehensive Storm Water Management
Plan.   

H.B. 732 amends the Local Government Code to authorize a county, district,
or authority to take action to comply with the stormwater permitting
program requirements under the NPDES under 33 U.S.C., Section 1342
(National Pollutant Discharge Elimination System).  Furthermore, this bill
provides for a civil penalty for a person in violation of a rule or order
adopted under this chapter and authorizes a county, district, or authority
to bring suit to restrain a violation or threat of violation of a rule or
order or to recover the penalty. 

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 Subtitle C, Title 13, Local Government Code, by adding
Chapter 422, as follows: 

CHAPTER 422.  AUTHORITY OF CERTAIN COUNTIES AND DISTRICTS TO REGULATE
STORMWATER MANAGEMENT 

Sec. 422.001.  COUNTY OR DISTRICT SUBJECT TO CHAPTER.  Makes this chapter
applicable only to a county with a population of 2.8 million or more or a
district or authority created under Section 59, Article XVI, Texas
Constitution (Conservation and Development of Natural Resources;
Conservation and Reclamation Districts) that has boundaries coterminous
with a county with a population of more than 2.8 million and is authorized
to provide stormwater drainage and flood control facilities. 

Sec. 422.002. GENERAL AUTHORITY.  Authorizes a county, district, or
authority to take action to comply with the stormwater permitting program
requirements under the national pollutant discharge elimination system
under 33 U.S.C., Section 1342 (National Pollutant Discharge Elimination
System).  Provides that these requirements include: 

(1)  developing and implementing controls to reduce pollutant discharge
from any conveyance or conveyance system owned or operated by the county,
district, or authority that is designed for collecting or conveying
stormwater; 

(2)  developing, implementing, and enforcing stormwater management
guidelines, design criteria, or rules to reduce pollutant discharge into
the conveyance or conveyance system; 
 
(3)  assisting residents with the proper management of used oil and toxic
materials, including holding household hazardous waste collection events;
and 

(4) developing and producing educational tools and activities to reduce or
lead to the reduction of pollutant discharge into stormwater. 

Sec. 422.003.  CIVIL PENALTY; INJUNCTION.  (a)  Provides that a person in
violation of a rule or order adopted by a county, district, or authority
under this chapter is liable for a civil penalty of not more than $1,000
for each violation.  Provides that each day a violation continues is
considered a separate violation. 

(b)  Authorizes a county, district, or authority to bring suit in a
district court to restrain a violation or threat of violation of a rule or
order or to recover a civil penalty. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.