| 1 | 1 | | By: Fraser, et al. S.B. No. 521 |
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| 2 | 2 | | (Keffer) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the period for which the Texas Commission on |
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| 8 | 8 | | Environmental Quality may grant or renew an emergency authorization |
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| 9 | 9 | | relating to the use of state water. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 11.139, Water Code, is amended by |
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| 12 | 12 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (a) Except as provided by Section 11.148 [of this code], the |
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| 15 | 15 | | commission may grant an emergency permit, order, or amendment to an |
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| 16 | 16 | | existing permit, certified filing, or certificate of adjudication |
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| 17 | 17 | | after notice to the governor for an initial period of not more than |
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| 18 | 18 | | 270 [120] days if the commission finds that: |
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| 19 | 19 | | (1) emergency conditions exist which present an |
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| 20 | 20 | | imminent threat to the public health and safety and which override |
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| 21 | 21 | | the necessity to comply with established statutory procedures; and |
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| 22 | 22 | | (2) there are no feasible practicable alternatives to |
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| 23 | 23 | | the emergency authorization. |
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| 24 | 24 | | (a-1) Such emergency action may be renewed once for not |
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| 25 | 25 | | longer than 60 days. |
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| 26 | 26 | | SECTION 2. The change in law made by this Act applies only |
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| 27 | 27 | | to an application for an emergency authorization or renewal of an |
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| 28 | 28 | | emergency authorization that is submitted to the Texas Commission |
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| 29 | 29 | | on Environmental Quality on or after the effective date of this Act. |
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| 30 | 30 | | An application for an emergency authorization or renewal of an |
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| 31 | 31 | | emergency authorization that is submitted to the commission before |
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| 32 | 32 | | the effective date of this Act is governed by the law in effect |
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| 33 | 33 | | immediately before the effective date of this Act, and that law is |
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| 34 | 34 | | continued in effect for that purpose. |
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| 35 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2015. |
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