| 1 | 1 | | 87R8199 JRR-F |
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| 2 | 2 | | By: Morales Shaw H.B. No. 2368 |
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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 participation by local governments in water quality |
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| 8 | 8 | | control measures. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 26.0151, Water Code, is amended by |
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| 11 | 11 | | adding Subsection (d-1) to read as follows: |
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| 12 | 12 | | (d-1) The commission shall establish and maintain an |
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| 13 | 13 | | electronic portal for local governments to access: |
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| 14 | 14 | | (1) information provided under Subsection (a); and |
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| 15 | 15 | | (2) any discharge monitoring report received by the |
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| 16 | 16 | | commission. |
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| 17 | 17 | | SECTION 2. Section 26.017, Water Code, is amended to read as |
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| 18 | 18 | | follows: |
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| 19 | 19 | | Sec. 26.017. COOPERATION. The commission shall: |
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| 20 | 20 | | (1) encourage voluntary cooperation by the people, |
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| 21 | 21 | | cities, counties, industries, associations, agricultural |
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| 22 | 22 | | interests, and representatives of other interests in preserving the |
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| 23 | 23 | | greatest possible utility of water in the state; |
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| 24 | 24 | | (2) encourage the formation and organization of |
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| 25 | 25 | | cooperative groups, associations, cities, counties, industries, |
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| 26 | 26 | | and other water users for the purpose of providing a medium to |
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| 27 | 27 | | discuss and formulate plans for attainment of water quality |
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| 28 | 28 | | control; |
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| 29 | 29 | | (3) establish policies and procedures for securing |
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| 30 | 30 | | close cooperation among state agencies that have water quality |
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| 31 | 31 | | control functions; |
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| 32 | 32 | | (4) cooperate with the governments of the United |
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| 33 | 33 | | States and other states and with official or unofficial agencies |
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| 34 | 34 | | and organizations with respect to water quality control matters and |
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| 35 | 35 | | with respect to formulation of interstate water quality control |
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| 36 | 36 | | compacts or agreements, and when representation of state interests |
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| 37 | 37 | | on a basin planning agency for water quality purposes is required |
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| 38 | 38 | | under Section 3(c) of the Federal Water Pollution Control Act, as |
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| 39 | 39 | | amended, or other federal legislation having a similar purpose, the |
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| 40 | 40 | | representation shall include an officer or employee of the |
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| 41 | 41 | | commission; and |
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| 42 | 42 | | (5) with respect to obtaining or administering the |
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| 43 | 43 | | NPDES program in lieu of the government of the United States, not |
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| 44 | 44 | | enter into any memorandum of agreement or other contractual |
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| 45 | 45 | | relationship with or among state agencies or with the government of |
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| 46 | 46 | | the United States which imposes any requirements upon the state |
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| 47 | 47 | | other than or more stringent than those specifically set forth in |
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| 48 | 48 | | Section 402(b) of the Federal Water Pollution Control Act, as |
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| 49 | 49 | | amended. |
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| 50 | 50 | | SECTION 3. As soon as practicable after the effective date |
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| 51 | 51 | | of this Act, the Texas Commission on Environmental Quality shall |
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| 52 | 52 | | establish the electronic portal required by Section 26.0151(d-1), |
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| 53 | 53 | | Water Code, as added by this Act. |
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| 54 | 54 | | SECTION 4. This Act takes effect immediately if it receives |
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| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 58 | 58 | | Act takes effect September 1, 2021. |
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