| 1 | 1 | | 89R9574 ANG-D |
|---|
| 2 | 2 | | By: Morales of Maverick H.B. No. 3333 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to a restriction on permits authorizing direct discharges |
|---|
| 10 | 10 | | of waste or pollutants into water in certain stream segments, |
|---|
| 11 | 11 | | stream assessment units, and drainage areas. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Subchapter B, Chapter 26, Water Code, is amended |
|---|
| 14 | 14 | | by adding Section 26.0275 to read as follows: |
|---|
| 15 | 15 | | Sec. 26.0275. RESTRICTION ON PERMITS FOR DISCHARGES INTO |
|---|
| 16 | 16 | | CERTAIN SEGMENTS, ASSESSMENT UNITS, AND DRAINAGE AREAS. (a) In |
|---|
| 17 | 17 | | this section: |
|---|
| 18 | 18 | | (1) "Assessment unit" has the meaning assigned by the |
|---|
| 19 | 19 | | commission's Surface Water Quality Monitoring Program as it existed |
|---|
| 20 | 20 | | on September 1, 2025. |
|---|
| 21 | 21 | | (2) "Classified segment" means any portion of Devil's |
|---|
| 22 | 22 | | River identified in Appendices A and C of 30 T.A.C. Section 307.10 |
|---|
| 23 | 23 | | as it existed on September 1, 2025. |
|---|
| 24 | 24 | | (3) "Drainage area" means any unclassified water body |
|---|
| 25 | 25 | | that drains to a stream segment or a stream assessment unit to which |
|---|
| 26 | 26 | | this section applies. |
|---|
| 27 | 27 | | (4) "Stream assessment unit" means an assessment unit |
|---|
| 28 | 28 | | for a stream, creek, or river, or a portion of a stream, creek, or |
|---|
| 29 | 29 | | river, that is located within a classified segment that is not a |
|---|
| 30 | 30 | | stream segment to which this section applies. |
|---|
| 31 | 31 | | (5) "Stream segment" means a stream, creek, or river, |
|---|
| 32 | 32 | | or a portion of a stream, creek, or river, that is a classified |
|---|
| 33 | 33 | | segment. |
|---|
| 34 | 34 | | (6) "Unclassified water body" means a water body other |
|---|
| 35 | 35 | | than a classified segment or an assessment unit located within a |
|---|
| 36 | 36 | | classified segment. |
|---|
| 37 | 37 | | (b) This section applies to: |
|---|
| 38 | 38 | | (1) a stream segment or stream assessment unit that, |
|---|
| 39 | 39 | | on September 1, 2025, has had: |
|---|
| 40 | 40 | | (A) at least 10 water quality samples taken from |
|---|
| 41 | 41 | | the stream segment or stream assessment unit over the 10 calendar |
|---|
| 42 | 42 | | years preceding January 1, 2024; and |
|---|
| 43 | 43 | | (B) according to data in the commission's Surface |
|---|
| 44 | 44 | | Water Quality Monitoring Information System, a total phosphorus |
|---|
| 45 | 45 | | level below 0.06 milligrams per liter in 90 percent or more of all |
|---|
| 46 | 46 | | water quality samples taken from the stream segment or stream |
|---|
| 47 | 47 | | assessment unit over the 10 calendar years preceding January 1, |
|---|
| 48 | 48 | | 2024; and |
|---|
| 49 | 49 | | (2) the drainage areas of any stream segment or stream |
|---|
| 50 | 50 | | assessment unit that meets the requirements of Subdivision (1). |
|---|
| 51 | 51 | | (c) Except as provided by Subsection (d), the commission may |
|---|
| 52 | 52 | | not issue a new permit authorizing the direct discharge from a |
|---|
| 53 | 53 | | domestic wastewater treatment facility of any waste, effluent, or |
|---|
| 54 | 54 | | pollutants into a stream segment, stream assessment unit, or |
|---|
| 55 | 55 | | drainage area to which this section applies. |
|---|
| 56 | 56 | | (d) This section does not affect the authority of the |
|---|
| 57 | 57 | | commission to issue: |
|---|
| 58 | 58 | | (1) a new or amended permit to a municipality or a |
|---|
| 59 | 59 | | river authority that authorizes a direct discharge from a domestic |
|---|
| 60 | 60 | | wastewater treatment facility of waste, effluent, or pollutants |
|---|
| 61 | 61 | | into a stream segment, stream assessment unit, or drainage area to |
|---|
| 62 | 62 | | which this section applies; |
|---|
| 63 | 63 | | (2) an individual permit for a municipal separate |
|---|
| 64 | 64 | | storm sewer system; or |
|---|
| 65 | 65 | | (3) a general permit for stormwater and associated |
|---|
| 66 | 66 | | non-stormwater discharges. |
|---|
| 67 | 67 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 68 | 68 | | to an application for a permit that is submitted to the Texas |
|---|
| 69 | 69 | | Commission on Environmental Quality on or after the effective date |
|---|
| 70 | 70 | | of this Act. An application for a permit that was submitted to the |
|---|
| 71 | 71 | | Texas Commission on Environmental Quality before the effective date |
|---|
| 72 | 72 | | of this Act is governed by the law in effect at the time the |
|---|
| 73 | 73 | | application was filed, and the former law is continued in effect for |
|---|
| 74 | 74 | | that purpose. |
|---|
| 75 | 75 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 76 | 76 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 77 | 77 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 78 | 78 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 79 | 79 | | Act takes effect September 1, 2025. |
|---|