Office of House Bill AnalysisH.B. 1283
By: Counts
Natural Resources


Currently, the holder of a general permit for wastewater discharge cannot
discharge more than 500,000 gallons of wastewater into surface water in any
24-hour period.  H.B. 1283 removes this cap and allows the holder of a
general permit to discharge over 500,000 gallons of wastewater in a 24hour
period.  This bill also gives the Texas Natural Resource Conservation
Commission discretion regarding the notice of intent requirement. 


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 1.  Amends Section 26.040, Water Code, by amending Subsections (a),
(b), and (e), and adding a new Subsection (f), redesignating existing
Subsections (f)-(k), and amending existing Subsection (g), redesignated as
Subsection (h), as follows: 

Sec.  26.040.  (a) Authorizes the Texas Natural Resource Conservation
Commission (commission) to issue a general permit to authorize the
discharge of storm water.  Deletes the provision which states that a
discharge of more than 500,000 gallons into surface water in a 24-hour
period is not covered by a general permit. 

(b) Requires the commission, for a statewide general permit, to designate
one or more newspapers of statewide or regional circulation and requires
the commission to publish notice of the proposed statewide general permit
in each designated newspaper in addition to the Texas Register. 

(e) Specifies when a discharger is authorized to begin discharging under a
general permit. Makes conforming and nonsubstantive changes. 

(f) Authorizes a discharger with a general permit to discharge without
submitting a notice of intent if the commission finds that a notice of
intent requirement would be inappropriate. 

(g) Redesignated from Subsection (f).

(h) Provides that if, before the general permit expires, the commission
proposes to renew a general permit, that general permit remains in effect
until the date on which the commission takes final action on the proposed
renewal.  Redesignated from Subsection (g). 

(i)-(l) Redesignated from Subsections (h)-(k).

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.