By: Rogers (Senate Sponsor - Perry) H.B. No. 3232
(In the Senate - Received from the House May 1, 2023;
May 2, 2023, read first time and referred to Committee on Water,
Agriculture & Rural Affairs; May 19, 2023, reported favorably by
the following vote: Yeas 9, Nays 0; May 19, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the suspension of an enforcement action against a
regional water supply, sewer, or wastewater treatment service for a
violation committed by a retail public utility being integrated
into the regional service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.0026, Water Code, is amended to read as
follows:
Sec. 7.0026. SUSPENSION OF ENFORCEMENT ACTION AGAINST
CERTAIN REGIONAL WATER, SEWER, OR SOLID WASTE SERVICES. (a) In
this section, "retail public utility" has the meaning assigned by
Section 13.002.
(b) If a water supply, sewer, wastewater treatment, or solid
waste disposal service operated by or for a municipality or county
is being integrated into a regional water supply, sewer, wastewater
treatment, or solid waste disposal service, the commission may
enter into a compliance agreement with the regional service under
which the commission will not initiate an enforcement action
against the regional service for existing or anticipated violations
resulting from the operation by the regional service of the service
being integrated. A compliance agreement under this section must
include provisions necessary to bring the service being integrated
into compliance.
(c) If a water supply, sewer, or wastewater treatment
service operated by a retail public utility, other than a
municipality or county, is being integrated into a regional water
supply, sewer, or wastewater treatment service administered by
another entity, the commission may enter into a compliance
agreement with the regional service under which the commission will
not initiate an enforcement action against the regional service for
existing or anticipated violations resulting from the operation by
the regional service of the service being integrated. A compliance
agreement under this section must include provisions necessary to
bring the service being integrated into compliance.
(d) This section does not prohibit the commission from
initiating an enforcement action against a regional service that is
a party to a compliance agreement if the regional service does not
substantially comply with the agreement.
SECTION 2. Not later than December 1, 2023, the Texas
Commission on Environmental Quality shall adopt rules as necessary
to implement Section 7.0026(c), Water Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2023.
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