HBA-NLM S.B. 1165 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1165 By: Wentworth Land & Resource Management 5/5/1999 Engrossed BACKGROUND AND PURPOSE Currently, Texas law provides for the designation of water quality protection zones in certain areas within the extraterritorial jurisdiction (ETJ) of certain municipalities. 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. S.B. 1165 authorizes the Texas Natural Resource Conservation Commission to regulate water quality protection zones. The bill specifies 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. 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 Section 26.179, Water Code, as follows: (c) Increases the population bracket of a municipality subject to the provisions of this section from 5,000 to 10,000. (d) Specifies 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 language which provided that the purpose of a water quality protection zone is to provide the flexibility necessary to facilitate the development of the land within the zone. (g) Authorizes a water quality protection zone designation to be amended and to specify the party or parties authorized to execute amendments to the zone designation and the zone's water quality plan. Authorizes the land to be added to or excluded from a zone by amending the zone designation. Provides that an amendment to a zone designation is effective on its filing in the deed records of the county in which the land is located. Authorizes the Texas Natural Resource Conservation Commission (commission), on application by all owners of land in a zone, or by each party authorized by the zone designation or an amendment to the zone designation to amend the zone designation, to terminate a zone on reasonable terms and conditions specified by the commission. (h) Redesignated from existing Subsection (g). Prohibits new development under a plan from proceeding until the plan or amendment to the plan, as appropriate, has been approved by the commission. (i)-(q) Redesignated from existing Subsections (h)-(p). Makes a conforming change. SECTION 2. Makes application of this Act prospective. Effective date: 90 days after adjournment.