| 1 | 1 | | 88R5984 JXC-F |
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| 2 | 2 | | By: Perry S.B. No. 1406 |
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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 suspension of an enforcement action against a |
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| 8 | 8 | | regional water supply, sewer, or wastewater treatment service for a |
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| 9 | 9 | | violation committed by a retail public utility being integrated |
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| 10 | 10 | | into the regional service. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 7.0026, Water Code, is amended to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | Sec. 7.0026. SUSPENSION OF ENFORCEMENT ACTION AGAINST |
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| 15 | 15 | | CERTAIN REGIONAL WATER, SEWER, OR SOLID WASTE SERVICES. (a) In |
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| 16 | 16 | | this section, "retail public utility" has the meaning assigned by |
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| 17 | 17 | | Section 13.002. |
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| 18 | 18 | | (b) If a water supply, sewer, wastewater treatment, or solid |
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| 19 | 19 | | waste disposal service operated by or for a municipality or county |
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| 20 | 20 | | is being integrated into a regional water supply, sewer, wastewater |
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| 21 | 21 | | treatment, or solid waste disposal service, the commission may |
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| 22 | 22 | | enter into a compliance agreement with the regional service under |
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| 23 | 23 | | which the commission will not initiate an enforcement action |
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| 24 | 24 | | against the regional service for existing or anticipated violations |
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| 25 | 25 | | resulting from the operation by the regional service of the service |
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| 26 | 26 | | being integrated. A compliance agreement under this section must |
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| 27 | 27 | | include provisions necessary to bring the service being integrated |
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| 28 | 28 | | into compliance. |
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| 29 | 29 | | (c) If a water supply, sewer, or wastewater treatment |
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| 30 | 30 | | service operated by a retail public utility, other than a |
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| 31 | 31 | | municipality or county, is being integrated into a regional water |
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| 32 | 32 | | supply, sewer, or wastewater treatment service administered by |
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| 33 | 33 | | another entity, the commission may enter into a compliance |
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| 34 | 34 | | agreement with the regional service under which the commission will |
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| 35 | 35 | | not initiate an enforcement action against the regional service for |
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| 36 | 36 | | existing or anticipated violations resulting from the operation by |
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| 37 | 37 | | the regional service of the service being integrated. A compliance |
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| 38 | 38 | | agreement under this section must include provisions necessary to |
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| 39 | 39 | | bring the service being integrated into compliance. |
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| 40 | 40 | | (d) This section does not prohibit the commission from |
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| 41 | 41 | | initiating an enforcement action against a regional service that is |
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| 42 | 42 | | a party to a compliance agreement if the regional service does not |
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| 43 | 43 | | substantially comply with the agreement. |
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| 44 | 44 | | SECTION 2. Not later than December 1, 2023, the Texas |
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| 45 | 45 | | Commission on Environmental Quality shall adopt rules as necessary |
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| 46 | 46 | | to implement Section 7.0026(c), Water Code, as added by this Act. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2023. |
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