By: Fraser, Watson, Zaffirini S.B. No. 521
(In the Senate - Filed February 10, 2015; February 18, 2015,
read first time and referred to Committee on Agriculture, Water,
and Rural Affairs; April 1, 2015, reported favorably, as amended,
by the following vote: Yeas 7, Nays 0; April 1, 2015, sent to
printer.)
Click here to see the committee vote
COMMITTEE AMENDMENT NO. 1 By: Kolkhorst, Hall
Amend S.B. 521 (introduced version) as follows:
(1) In SECTION 1 of the bill, in amended Section 11.139(a),
Water Code (page 1, line 50), strike "two years [120 days]" and
substitute "270 days".
(2) In SECTION 1 of the bill, in amended Section 11.139(a),
Water Code (page 1, line 56), strike "The commission may renew an
[Such]" and substitute "Such".
(3) In SECTION 1 of the bill, in amended Section 11.139(a),
Water Code (page 1, lines 57-58), strike "authorization granted
under Subsection (a) [action may be renewed once]" and substitute
"action maybe renewed once".
(4) In SECTION 1 of the bill, in amended Section 11.139(a),
Water Code (page 1, line 58), strike "successive periods of".
(5) In SECTION 1 of the bill, in amended Section 11.139(a),
Water Code (page 1, lines 58-59), strike "one year each [60 days]"
and substitute "90 days".
(6) In SECTION 1 of the bill, in amended Section 11.139(a),
Water Code (page 1, line 59-page 2, line 1), strike the following:
"The commission may provide for automatic renewals of an
authorization for periods of not longer than one year each."
A BILL TO BE ENTITLED
AN ACT
relating to the period for which the Texas Commission on
Environmental Quality may grant or renew an emergency authorization
relating to the use of state water.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.139, Water Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Section 11.148 [of this code], the
commission may grant an emergency permit, order, or amendment to an
existing permit, certified filing, or certificate of adjudication
after notice to the governor for an initial period of not more than
two years [120 days] if the commission finds that:
(1) emergency conditions exist which present an
imminent threat to the public health and safety and which override
the necessity to comply with established statutory procedures; and
(2) there are no feasible practicable alternatives to
the emergency authorization.
(a-1) The commission may renew an [Such] emergency
authorization granted under Subsection (a) [action may be renewed
once] for successive periods of not longer than one year each [60
days]. The commission may provide for automatic renewals of an
authorization for periods of not longer than one year each.
SECTION 2. (a) Except as provided by Subsection (b) of
this section, the change in law made by this Act applies only to an
application for an emergency authorization or renewal of an
emergency authorization that is submitted to the Texas Commission
on Environmental Quality on or after the effective date of this Act.
An application for an emergency authorization or renewal of an
emergency authorization that is submitted to the commission before
the effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
(b) If on or after the effective date of this Act a person
submits to the Texas Commission on Environmental Quality an
application for the renewal of an emergency authorization that was
granted by the commission before the effective date of this Act, the
commission may renew the emergency authorization once for a period
of not longer than one year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
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