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.