By: Fraser, et al. S.B. No. 521
(Keffer)
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
270 [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) Such emergency action may be renewed once for not
longer than 60 days.
SECTION 2. 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.
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.