| 1 | 1 | | 2025S0162-1 03/03/25 |
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| 2 | 2 | | By: Eckhardt S.B. No. 1911 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a restriction on permits authorizing direct discharges |
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| 10 | 10 | | of waste or pollutants into water in certain stream segments, |
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| 11 | 11 | | stream assessments units, and drainage areas. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter B, Chapter 26, Water Code, is amended |
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| 14 | 14 | | by adding Section 26.0275 to read as follows: |
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| 15 | 15 | | Sec. 26.0275. RESTRICTION ON PERMITS FOR DISCHARGES INTO |
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| 16 | 16 | | CERTAIN SEGMENTS, ASSESSMENT UNITS, AND DRAINAGE AREAS. (a) In |
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| 17 | 17 | | this section: |
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| 18 | 18 | | (1) "Assessment unit" has the meaning assigned by the |
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| 19 | 19 | | commission's Surface Water Quality Monitoring Program as it existed |
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| 20 | 20 | | on September 1, 2025. |
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| 21 | 21 | | (2) "Classified segment" means any water body or a |
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| 22 | 22 | | portion of a water body identified in Appendices A and C of 30 |
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| 23 | 23 | | T.A.C. Section 307.10 as it existed on September 1, 2025. |
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| 24 | 24 | | (3) "Drainage area" means any unclassified water body |
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| 25 | 25 | | that drains to a stream segment or a stream assessment unit to which |
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| 26 | 26 | | this section applies. |
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| 27 | 27 | | (4) "Stream assessment unit" means an assessment unit |
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| 28 | 28 | | for a stream, creek, or river, or a portion of a stream, creek, or |
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| 29 | 29 | | river, that is located within a classified segment that is not a |
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| 30 | 30 | | stream segment to which this section applies. |
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| 31 | 31 | | (5) "Stream segment" means a stream, creek, or river, |
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| 32 | 32 | | or a portion of a stream, creek, or river, that is a classified |
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| 33 | 33 | | segment. |
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| 34 | 34 | | (6) "Unclassified water body" means a water body other |
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| 35 | 35 | | than a classified segment or an assessment unit located within a |
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| 36 | 36 | | classified segment. |
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| 37 | 37 | | (b) This section applies to: |
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| 38 | 38 | | (1) a stream segment or stream assessment unit, other |
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| 39 | 39 | | than one that is located directly beneath a lake, pond, or impounded |
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| 40 | 40 | | reservoir, that, on September 1, 2025, has had: |
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| 41 | 41 | | (A) at least 10 water quality samples taken from |
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| 42 | 42 | | the stream segment or stream assessment unit over the 10 calendar |
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| 43 | 43 | | years preceding January 1, 2025; and |
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| 44 | 44 | | (B) according to data in the commission's Surface |
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| 45 | 45 | | Water Quality Monitoring Information System, a total phosphorus |
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| 46 | 46 | | level below 0.06 milligrams per liter in 75 percent or more of all |
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| 47 | 47 | | water quality samples taken from the stream segment or stream |
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| 48 | 48 | | assessment unit over the 10 calendar years preceding January 1, |
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| 49 | 49 | | 2025; and |
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| 50 | 50 | | (2) the drainage areas of any stream segment or stream |
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| 51 | 51 | | assessment unit that meets the requirements of Subdivision (1). |
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| 52 | 52 | | (c) Except as provided by Subsection (d), the commission may |
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| 53 | 53 | | not issue a new permit authorizing the direct discharge from a |
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| 54 | 54 | | domestic wastewater treatment facility of any waste, effluent, or |
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| 55 | 55 | | pollutants into a stream segment, stream assessment unit, or |
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| 56 | 56 | | drainage area to which this section applies. |
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| 57 | 57 | | (d) This section does not affect the authority of the |
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| 58 | 58 | | commission to issue: |
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| 59 | 59 | | (1) a new or amended permit to a municipality or a |
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| 60 | 60 | | river authority that authorizes a direct discharge from a domestic |
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| 61 | 61 | | wastewater treatment facility of waste, effluent, or pollutants |
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| 62 | 62 | | into a stream segment, stream assessment unit, or drainage area to |
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| 63 | 63 | | which this section applies; |
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| 64 | 64 | | (2) an individual permit for a municipal separate |
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| 65 | 65 | | storm sewer system; or |
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| 66 | 66 | | (3) a general permit for stormwater and associated |
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| 67 | 67 | | non-stormwater discharges. |
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| 68 | 68 | | SECTION 2. The change in law made by this Act applies only |
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| 69 | 69 | | to an application for a permit that is submitted to the Texas |
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| 70 | 70 | | Commission on Environmental Quality on or after the effective date |
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| 71 | 71 | | of this Act. An application for a permit that was submitted to the |
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| 72 | 72 | | Texas Commission on Environmental Quality before the effective date |
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| 73 | 73 | | of this Act is governed by the law in effect at the time the |
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| 74 | 74 | | application was filed, and the former law is continued in effect for |
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| 75 | 75 | | that purpose. |
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| 76 | 76 | | SECTION 3. This Act takes effect immediately if it receives |
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| 77 | 77 | | a vote of two-thirds of all the members elected to each house, as |
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| 78 | 78 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 79 | 79 | | Act does not receive the vote necessary for immediate effect, this |
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| 80 | 80 | | Act takes effect September 1, 2025. |
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