Relating to the correction of references to the Texas Natural Resource Conservation Commission.

89(R) SB 766 - Enrolled version - Bill Text

S.B. No. 766

AN ACT

relating to the correction of references to the Texas Natural

Resource Conservation Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 76.001, Agriculture Code, is amended by

adding Subdivision (4-a) to read as follows:

(4-a)

"Commission" means the Texas Commission on

Environmental Quality.

SECTION 2. Sections 76.003(b), (c), and (d), Agriculture

Code, are amended to read as follows:

(b) A pesticide may be included on a list of

state-limited-use pesticides if the department determines that,

when used as directed or in accordance with widespread and commonly

recognized practice, the pesticide requires additional

restrictions to prevent unreasonable risk to man or the

environment, taking into account the economic, social, and

environmental costs and benefits of use of the pesticide. However,

the department shall not place a pesticide on the state-limited-use

list solely on the basis of actual damage or risk of damage to water

quality without first obtaining approval from the
commission
[
Texas

Natural Resource Conservation Commission
] based on the impact of

the pesticide's use on water quality.

(c) The department shall formally request an opinion

regarding impact on water quality from the
commission
[
Texas

Natural Resource Conservation Commission
] during department

consideration of any amendments to the current list of

state-limited-use pesticides.

(d) At the direction of the
commission
[
Texas Natural

Resource Conservation Commission
] in conjunction with its

responsibilities pursuant to Chapter 26, Water Code, the department

shall consider any formal request to add any pesticide to the

state-limited-use list under Subsection (b), and the department

shall issue regulations regarding the time, place, and conditions

of such pesticide's use.

SECTION 3. Section 76.004(b), Agriculture Code, is amended

to read as follows:

(b) Any rules adopted by the department for the purpose of

protection or enhancement of water quality shall not be

inconsistent with nor less stringent than rules adopted for the

protection or enhancement of water quality by the
commission
[
Texas

Natural Resource Conservation Commission
] pursuant to

recommendations of the Texas Groundwater Protection Committee.

SECTION 4. Sections 76.007(b), (c), (d), and (e),

Agriculture Code, are amended to read as follows:

(b) The
commission
[
Texas Natural Resource Conservation

Commission
] shall have principal authority to regulate and control

water pollution. If the United States Environmental Protection

Agency adopts a final rule requiring states to implement a state

management plan for pesticides in groundwater, the department shall

cooperate with the Texas Groundwater Protection Committee in the

committee's development and implementation of federally mandated

state management plans for pesticides in groundwater in accordance

with Section 26.407, Water Code.

(c) The department shall seek advice from the
commission

[
Texas Natural Resource Conservation Commission
], the Parks and

Wildlife Department, the Texas Department of Health, and the Texas

Agricultural Extension Service in reviewing applications for

special local need or emergency pesticide registrations. The

department shall act expeditiously to review any application for

special local need or emergency pesticide registrations.

(d) The department shall give written notice to the

commission
[
Texas Natural Resource Conservation Commission
]

whenever it has probable cause to believe that serious

contamination of water has occurred as a result of use, misuse,

manufacture, storage, or disposal of pesticides so that the

commission
[
Texas Natural Resource Conservation Commission
] may

proceed with an investigation of a possible violation of the Water

Code.

(1) If the
commission
[
Texas Natural Resource

Conservation Commission
] determines that a violation of the Water

Code has occurred, the commission shall seek the remedies provided

by the Water Code.

(2) If the department determines that a violation of

the Agriculture Code has occurred regarding the use, manufacture,

storage, or disposal of pesticides, the department shall seek the

remedies provided by this code.

(3) The foregoing remedies shall not be mutually

exclusive.

(e) The
commission
[
Texas Natural Resource Conservation

Commission
] shall give written notice to the department whenever it

has probable cause to believe that serious contamination of water

has occurred as a result of the use, misuse, storage, disposal, or

manufacture of pesticides so that the department may proceed with

an investigation to determine if a violation of the Agriculture

Code has occurred.

(1) If the department determines that a violation of

the Agriculture Code has occurred, the department shall seek the

remedies provided by this code.

(2) If the
commission
[
Texas Natural Resource

Conservation Commission
] determines that a violation of the Water

Code has occurred, the
commission
[
Texas Natural Resource

Conservation Commission
] shall seek the remedies provided by the

Water Code.

(3) The foregoing remedies shall not be mutually

exclusive.

SECTION 5. Section 76.131(a), Agriculture Code, is amended

to read as follows:

(a) The department may adopt rules governing the storage and

disposal of pesticides and pesticide containers for the purpose of:

(1) preventing injury from storage or disposal to man,

vegetation, crops, or animals; and

(2) preventing any water pollution that is harmful to

man or wildlife provided, however, that such rules be consistent

with and not less stringent than
commission
[
Texas Natural Resource

Conservation Commission
] rules adopted under Chapter 26
,
[
of the
]

Water Code.

SECTION 6. Section 76.132, Agriculture Code, is amended to

read as follows:

Sec. 76.132. DISPOSAL OF PESTICIDE. The department, in

coordination with the
commission
[
Texas Commission on

Environmental Quality
] and the Texas A&M AgriLife Extension

Service, shall organize pesticide waste and pesticide container

collection activities statewide. The department, the
commission

[
Texas Commission on Environmental Quality
], and the Texas A&M

AgriLife Extension Service may contract for the services of

contractors that are licensed in the disposal of hazardous waste

under Section 401.202, Health and Safety Code, or other contractors

to implement the pesticide waste and pesticide container collection

activities and facilitate the collection of canceled,

unregistered, or otherwise unwanted pesticide products and

pesticide containers.

SECTION 7. Section 134.001(8), Agriculture Code, is amended

to read as follows:

(8) "New aquaculture facility" means a commercial

aquaculture facility whose owner or operator initially sought waste

discharge authorization from the Texas Natural Resource

Conservation Commission after January 19, 1999
, or the Texas

Commission on Environmental Quality after December 31, 2003
.

SECTION 8. Section 201.006(f), Agriculture Code, is amended

to read as follows:

(f) The state board or a conservation district may disclose

information relating to water quality complaints or compliance

failures to the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
under Section 201.026.

SECTION 9. Section 201.027, Agriculture Code, is amended to

read as follows:

Sec. 201.027. ENFORCEMENT REFERRAL RECORDS. (a) The state

board shall maintain detailed records about each state board

referral of an agricultural or silvicultural operation to the Texas

[
Natural Resource Conservation
] Commission
on Environmental

Quality
for enforcement.

(b) Records maintained under Subsection (a) must include

information regarding the final disposition of the referral by the

Texas [
Natural Resource Conservation
] Commission
on Environmental

Quality
, including any enforcement action taken against the

agricultural or silvicultural operation.

SECTION 10. Section 418.122(a), Government Code, is amended

to read as follows:

(a) The Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
and other state agencies, in conjunction with

the division, shall keep land uses and construction of structures

and other facilities under continuing study and shall identify

areas that are particularly susceptible to severe land shifting,

subsidence, flooding, or other catastrophes.

SECTION 11. Section 660.203(a), Government Code, is amended

to read as follows:

(a) An individual is entitled to reimbursement for the

actual expense of meals and lodging incurred while performing the

duties of the individual's office or employment if the individual

is:

(1) a judicial officer;

(2) a chief administrative officer of a state agency,

subject to Subsection (c);

(3) the executive director of the Texas Legislative

Council;

(4) the secretary of the senate;

(5) a member of the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
, the Texas

Workforce Commission, the Public Utility Commission of Texas, the

Board of Pardons and Paroles, or the Sabine River Compact

Administration; or

(6) a full-time member of a board and receives a salary

from the state for service on that board.

SECTION 12. Section 1501.251, Government Code, is amended

to read as follows:

Sec. 1501.251. APPLICABILITY OF SUBCHAPTER. This

subchapter applies only to a municipality:

(1) that has a population of more than 275,000;

(2) in which a majority of the qualified voters voting

in an election have voted to authorize the municipality to contract

with a river authority created under Section 59, Article XVI, Texas

Constitution, to acquire a water supply project from that

authority; and

(3) that holds a permit issued by the Texas [
Natural

Resource Conservation
] Commission
on Environmental Quality
for the

municipality to use the water supply.

SECTION 13. Section 2166.404(a), Government Code, is

amended to read as follows:

(a) The commission, in consultation with the Texas [
Natural

Resource Conservation
] Commission
on Environmental Quality
, the

Texas Department of Transportation, and the Industry Advisory

Committee, by rule shall adopt guidelines for the required use of

xeriscape on state property associated with the construction of a

new state building, structure, or facility that begins on or after

January 1, 1994, including a project otherwise exempt from this

chapter under Section 2166.003.

SECTION 14. Section 362.004(a), Health and Safety Code, is

amended to read as follows:

(a) This chapter does not limit the authority of the Texas

[
Natural Resource Conservation
] Commission
on Environmental

Quality
or a local government to:

(1) perform a power or duty provided by other law; or

(2) adopt and enforce rules to carry out duties under

Chapter 361 (Solid Waste Disposal Act).

SECTION 15. Sections 363.004(2) and (3), Health and Safety

Code, are amended to read as follows:

(2) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

(3) "Executive director" means the executive director

of the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
.

SECTION 16. Section 364.011(c), Health and Safety Code, is

amended to read as follows:

(c) A rule adopted under this section may not authorize an

activity, method of operation, or procedure that is prohibited by

Chapter 361 (Solid Waste Disposal Act) or by rules of the Texas

[
Natural Resource Conservation
] Commission
on Environmental

Quality
.

SECTION 17. Section 365.011(1), Health and Safety Code, is

amended to read as follows:

(1) "Approved solid waste site" means:

(A) a solid waste site permitted or registered by

the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
;

(B) a solid waste site licensed by a county under

Chapter 361; or

(C) a designated collection area for ultimate

disposal at a permitted or licensed municipal solid waste site.

SECTION 18. Section 365.013(a), Health and Safety Code, is

amended to read as follows:

(a) The Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
shall adopt rules and standards regarding

processing and treating litter disposed in violation of this

subchapter.

SECTION 19. Section 366.002(2), Health and Safety Code, is

amended to read as follows:

(2) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

SECTION 20. Section 369.001(1), Health and Safety Code, is

amended to read as follows:

(1) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

SECTION 21. Sections 370.002(2) and (4), Health and Safety

Code, are amended to read as follows:

(2) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

(4) "Executive director" means the executive director

of the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
.

SECTION 22. Section 371.003(3), Health and Safety Code, is

amended to read as follows:

(3) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

SECTION 23. Section 383.003(5), Health and Safety Code, is

amended to read as follows:

(5) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

SECTION 24. Section 384.001(1), Health and Safety Code, is

amended to read as follows:

(1) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

SECTION 25. Section 384.012, Health and Safety Code, is

amended to read as follows:

Sec. 384.012. POWERS AND DUTIES. An organization shall

have the authority to:

(1) receive and use funds;

(2) have an account at the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
Air Emission

Reduction Credit Bank;

(3) acquire emission reduction credits through

purchase, donation, or other means;

(4) transfer emission reduction credits by sale or

other means;

(5) identify, evaluate, promote, initiate, and

facilitate potential projects and strategies to generate emission

reduction credits;

(6) provide financial assistance for projects to

generate emission reduction credits;

(7) employ staff;

(8) enter into contracts; and

(9) consider sustainability of projects.

SECTION 26. Section 388.002(5), Health and Safety Code, is

amended to read as follows:

(5) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

SECTION 27. Section 389.001, Health and Safety Code, is

amended to read as follows:

Sec. 389.001. DEFINITION. In this chapter, "commission"

means the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
.

SECTION 28. Section 401.415(d), Health and Safety Code, is

amended to read as follows:

(d) The Railroad Commission of Texas shall consult with the

department and the Texas [
Natural Resource Conservation
]

Commission
on Environmental Quality
as appropriate regarding

administration of this section.

SECTION 29. Section 753.008(a), Health and Safety Code, is

amended to read as follows:

(a) The Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality:

(1)
has concurrent jurisdiction with the board

regarding the inspection of initial installation and other

administrative supervision of aboveground tanks authorized and

regulated by this chapter
;

(2)
[
.

The Texas Natural Resource Conservation

Commission
] has the primary authority for inspection of initial

installation of the tanks
; and

(3)
[
.

The Texas Natural Resource Conservation

Commission
] shall report all violations of this chapter in regard

to aboveground storage tanks to the state fire marshal for

enforcement proceedings.

SECTION 30. Section 42.024(b), Local Government Code, is

amended to read as follows:

(b) The governing body of an adopting municipality may by

resolution include in its extraterritorial jurisdiction an area

that is in the extraterritorial jurisdiction of a releasing

municipality if:

(1) the releasing municipality does not provide water,

sewer services, and electricity to the released area;

(2) the owners of a majority of the land within the

released area request that the adopting municipality include in its

extraterritorial jurisdiction the released area;

(3) the released area is:

(A) adjacent to the territory of the adopting

municipality;

(B) wholly within a county in which both

municipalities have territory; and

(C) located in one or more school districts, each

of which has the majority of its territory outside the territory of

the releasing municipality;

(4) the adopting municipality adopts ordinances or

regulations within the released area for water quality standards

relating to the control or abatement of water pollution that are in

conformity with those of the Texas [
Natural Resource Conservation
]

Commission
on Environmental Quality
applicable to the released area

on January 1, 1995;

(5) the adopting municipality has adopted a service

plan to provide water and sewer service to the area acceptable to

the owners of a majority of the land within the released area; and

(6) the size of the released area does not exceed the

difference between the total area within the extraterritorial

jurisdiction of the adopting municipality, exclusive of the

extraterritorial jurisdiction of the releasing municipality, on

the date the resolution was adopted under this subsection, as

determined by Section 42.021, and the total area within the

adopting municipality's extraterritorial jurisdiction on the date

of the resolution.

SECTION 31. Sections 42.024(c)(1), (3), and (4), Local

Government Code, are amended to read as follows:

(1) The service plan under Subsection (b)(5) shall

include an assessment of the availability and feasibility of

participation in any regional facility permitted by the Texas

[
Natural Resource Conservation
] Commission
on Environmental

Quality
in which the releasing municipality is a participant and

had plans to provide service to the released area. The plan for

regional service shall include:

(A) proposed dates for providing sewer service

through the regional facility;

(B) terms of financial participation to provide

sewer service to the released area, including rates proposed for

service sufficient to reimburse the regional participants over a

reasonable time for any expenditures associated with that portion

of the regional facility designed or constructed to serve the

released area as of January 1, 1993; and

(C) participation by the adopting municipality

in governance of the regional facility based on the percentage of

land to be served by the regional facility in the released area

compared to the total land area to be served by the regional

facility.

(3) If the adopting municipality, the releasing

municipality, and any other participant in any regional facility

described in this subsection fail to reach agreement on the service

plan within 60 days after the service plan is delivered, any

municipality that is a participant in the regional facility or any

owner of land within the area to be released may appeal the matter

to the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
. The Texas [
Natural Resource Conservation
]

Commission
on Environmental Quality
shall, in its resolution of any

differences between proposals submitted for review in this

subsection, use a cost-of-service allocation methodology which

treats each service unit in the regional facility equally, with any

variance in rates to be based only on differences in costs based on

the time service is provided to an area served by the regional

facility. The Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
may allow the adopting municipality, the

releasing municipality, or any other participant in any regional

facility described in this subsection to withdraw from

participation in the regional facility on a showing of undue

financial hardship.

(4) A decision by the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
under this

subsection is not subject to judicial review, and any costs

associated with the commission's review shall be assessed to the

parties to the decision in proportion to the percentage of land

served by the regional facility subject to review in the

jurisdiction of each party.

SECTION 32. Section 43.0712(b), Local Government Code, is

amended to read as follows:

(b) Upon resumption of the functions of the special

district:

(1) the municipality shall succeed to the contractual

rights of the developer to be reimbursed by the special district for

the utilities the municipality acquires from the developer; and

(2) the special district shall resume the use of the

utilities acquired and paid for by the municipality and shall

thereafter acquire the utilities from the municipality and

reimburse the municipality for amounts the municipality paid the

developer. The payment to the municipality shall be governed by the

requirements of the Texas [
Natural Resource Conservation
]

Commission
on Environmental Quality
.

SECTION 33. Section 304.001(f), Local Government Code, is

amended to read as follows:

(f) A political subdivision corporation may appear on

behalf of its incorporating political subdivisions before the

Public Utility Commission of Texas, the Railroad Commission of

Texas, the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
, any other governmental agency or regulatory

authority, the Texas Legislature, and the courts.

SECTION 34. Section 395.080, Local Government Code, is

amended to read as follows:

Sec. 395.080. CHAPTER NOT APPLICABLE TO CERTAIN

WATER-RELATED SPECIAL DISTRICTS. (a) This chapter does not apply

to impact fees, charges, fees, assessments, or contributions:

(1) paid by or charged to a district created under

Article XVI, Section 59, of the Texas Constitution to another

district created under that constitutional provision if both

districts are required by law to obtain approval of their bonds by

the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
; or

(2) charged by an entity if the impact fees, charges,

fees, assessments, or contributions are approved by the Texas

[
Natural Resource Conservation
] Commission
on Environmental

Quality
.

(b) Any district created under Article XVI, Section 59, or

Article III, Section 52, of the Texas Constitution may petition the

Texas [
Natural Resource Conservation
] Commission
on Environmental

Quality
for approval of any proposed impact fees, charges, fees,

assessments, or contributions. The commission shall adopt rules

for reviewing the petition and may charge the petitioner fees

adequate to cover the cost of processing and considering the

petition. The rules shall require notice substantially the same as

that required by this chapter for the adoption of impact fees and

shall afford opportunity for all affected parties to participate.

SECTION 35. Section 552.044(8), Local Government Code, is

amended to read as follows:

(8) "Service area" means the municipal boundaries and

any other land areas outside the municipal boundaries which, as a

result of topography or hydraulics, contribute overland flow into

the watersheds served by the drainage system of a municipality;

provided, however, that in no event may a service area extend

farther than the boundaries of a municipality's current

extraterritorial jurisdiction, nor, except as provided by Section

552.0451, may a service area of one municipality extend into the

boundaries of another municipality. The service area is to be

established in the ordinance establishing the drainage utility.

Provided, that no municipality shall extend a service area outside

of its municipal boundaries except:

(A) a municipality of more than 500,000

population located within 50 miles of an international border;

(B) a municipality all or part of which is

located over or within the Edwards Aquifer recharge zone or the

Edwards Aquifer transition zone, as designated by the Texas

[
Natural Resource Conservation
] Commission
on Environmental

Quality
; or

(C) as provided by Section 552.0451.

SECTION 36. Section 562.012(f), Local Government Code, is

amended to read as follows:

(f) A county and a district that contract under this section

must submit the contract to the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
for approval.

The commission shall examine the contract to assure that the

interests of the residents of the district are served and

protected. A county may not enter a contract that the commission

determines would jeopardize the quality of service provided by a

district to the persons residing in the district. The commission

may submit suggested changes to the parties for inclusion in the

contract before the commission gives its approval.

SECTION 37. Section 580.001, Local Government Code, is

amended to read as follows:

Sec. 580.001. WATER CONTRACTS IN BORDER MUNICIPALITIES AND

COUNTIES. The governing body of a municipality or county that has a

boundary that is contiguous with the border between this state and

the Republic of Mexico may contract for the acquisition of water or

water rights with a border municipality or state in the Republic of

Mexico if the contract is approved and monitored by the Texas

[
Natural Resource Conservation
] Commission
on Environmental

Quality
and the International Boundary and Water Commission, United

States and Mexico.

SECTION 38. Sections 33.203(7) and (19), Natural Resources

Code, are amended to read as follows:

(7) "Coastal wetlands" means wetlands, as the term is

defined by Section 11.502, Water Code, located:

(A) seaward of the coastal facility designation

line established by rules adopted under Chapter 40;

(B) within rivers and streams, to the extent of

tidal influence, as shown on the Texas
Commission on Environmental

Quality's
[
Natural Resource Conservation Commission's
] stream

segment maps, excluding the portion of the Trinity River located in

Liberty County;

(C) within one mile of the mean high tide of the

portion of river and stream described by Paragraph (B), except as

provided by Paragraphs (D) and (E);

(D) in the case of wetlands bordering the portion

of the Trinity River to which Paragraph (B) applies:

(i) within the area located between the

mean high tide line on the western shoreline of that portion of the

river and Farm-to-Market Road 565 and Farm-to-Market Road 1409; or

(ii) within the area located between the

mean high tide line on the eastern shoreline of that portion of the

river and Farm-to-Market Road 563; or

(E) in the case of wetlands bordering the portion

of the Neches River described by Paragraph (B):

(i) within one mile from the mean high tide

line of the western shoreline of that portion of the river described

by Paragraph (B); or

(ii) within the area located between the

mean high tide line on the eastern shoreline of that portion of the

river and Farm-to-Market Road 105.

(19) "Water under tidal influence" means water in this

state, as defined by Section 26.001(5), Water Code, that is subject

to tidal influence according to the Texas
Commission on

Environmental Quality's
[
Natural Resource Conservation

Commission's
] stream segment map. The term includes coastal

wetlands.

SECTION 39. Section 33.2051(b), Natural Resources Code, is

amended to read as follows:

(b) The Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
shall comply with Sections 33.205(a) and (b)

when adopting or amending a rule governing:

(1) air pollutant emissions;

(2) on-site sewage disposal systems; or

(3) underground storage tanks.

SECTION 40. Section 33.2053(f), Natural Resources Code, is

amended to read as follows:

(f) The Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
shall comply with Sections 33.205(a) and (b)

when issuing or approving:

(1) a wastewater discharge permit;

(2) a permit for a new concentrated animal feeding

operation located one mile or less from a critical area or coastal

waters;

(3) a permit for solid or hazardous waste treatment,

storage, or disposal;

(4) creation of a special purpose district or approval

of bonds for the purpose of construction of infrastructure on

coastal barriers;

(5) levee improvement or flood control projects;

(6) a certification of a federal permit for the

discharge of dredge or fill material;

(7) a declaration of an emergency and request for an

emergency release of water;

(8) a new permit for an annual appropriation of:

(A) 5,000 or more acre-feet of water within the

program boundary; or

(B) 10,000 or more acre-feet of water outside the

program boundary but within 200 stream miles of the coast;

(9) an amendment to a water permit for an increase in

an annual appropriation of:

(A) 5,000 or more acre-feet of water within the

program boundary; or

(B) 10,000 or more acre-feet of water outside the

program boundary but within 200 stream miles of the coast; or

(10) a change in the purpose of use of an annual

appropriation of water to a more consumptive use of:

(A) 5,000 or more acre-feet of water within the

program boundary; or

(B) 10,000 or more acre-feet of water outside the

program boundary but within 200 stream miles of the coast.

SECTION 41. Section 111.0192(a), Natural Resources Code, is

amended to read as follows:

(a) The right of eminent domain granted under this chapter

to any pipelines transporting coal in whatever form shall not

include and cannot be used to condemn water or water rights for use

in the transportation of coal by pipeline, and no Texas water from

any source shall be used in connection with the transportation,

maintenance, or operation of a coal slurry pipeline (except water

used for drinking, toilet, bath, or other personal uses at pumping

stations or offices) within the State of Texas unless the Texas

[
Natural Resource Conservation
] Commission
on Environmental

Quality
shall determine, after public hearing, that the use will

not be detrimental to the water supply of the area from which the

water is sought to be extracted.

SECTION 42. Section 111.305, Natural Resources Code, is

amended to read as follows:

Sec. 111.305. OTHER AGENCIES. (a) The commission shall

seek and act on the recommendations of the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
, the Governor's

Energy Advisory Council, or their successors responsible for

environmental determinations and shall specify the proper use and

disposal of nondischargeable water.

(b) Neither the authority conveyed to the commission by this

subchapter to issue certificates and to promulgate rules governing

pipelines transporting coal in whatever form nor the powers and

duties conveyed on those pipelines by this chapter shall affect,

diminish, or otherwise limit the jurisdiction and authority of the

Texas [
Natural Resource Conservation
] Commission
on Environmental

Quality
to regulate by applicable rules the acquisition, use,

control, disposition, and discharge of water or water rights in

Texas.

SECTION 43. Section 131.139(a), Natural Resources Code, is

amended to read as follows:

(a) The commission immediately shall submit copies of the

permit application to the Parks and Wildlife Department, Texas

[
Natural Resource Conservation
] Commission
on Environmental

Quality
, General Land Office, Texas Historical Commission, State

Soil and Water Conservation Board, Bureau of Economic Geology,

Texas Department of Health, and other state agencies whose

jurisdiction the commission feels the particular mining operation

may affect.

SECTION 44. Section 131.141, Natural Resources Code, is

amended to read as follows:

Sec. 131.141. DENIAL OF A PERMIT. The commission shall deny

a permit if:

(1) it finds that the reclamation as required by this

chapter cannot be accomplished by means of the proposed reclamation

plan;

(2) part of the proposed operation lies within an area

designated as unsuitable for surface mining in Sections 131.035

through 131.041 of this code;

(3) it is advised by the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
that the

proposed mining operation will cause pollution of water of the

state, or that the proposed mining operation will cause pollution

of the ambient air of the state, in violation of the laws of this

state;

(4) the applicant has had another permit issued under

this chapter revoked or any bond posted to comply with this chapter

forfeited and the conditions causing the permit to be revoked or the

bond to be forfeited have not been corrected to the satisfaction of

the commission;

(5) it determines that the proposed operation will

endanger the health and safety of the public;

(6) the surface mining operation will adversely affect

a public highway or road; or

(7) the operator is unable to produce the bonds or

otherwise meet the requirements of Sections 131.201 through 131.206

of this code.

SECTION 45. Section 141.012(a), Natural Resources Code, is

amended to read as follows:

(a) The commission, in consultation with the commissioner

and the executive director of the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
, shall make,

publish, and enforce rules providing for the rapid and orderly

exploration, development, and production of geothermal energy and

associated resources and to accomplish the purposes of this

chapter.

SECTION 46. Section 141.074, Natural Resources Code, is

amended to read as follows:

Sec. 141.074. FURNISHING LISTS OF LAND TO OTHER AGENCIES.

Before advertising land for lease, the commissioner shall furnish a

list of the tracts considered by the board for lease to the Texas

[
Natural Resource Conservation
] Commission
on Environmental

Quality
, the commission, and any other state or federal agency that

might have information that would be beneficial to the board in its

determination of terms and conditions of the proposed lease.

SECTION 47. Section 1301.057(a), Occupations Code, is

amended to read as follows:

(a) A person is not required to be licensed under this

chapter to perform plumbing, limited to the provision of a

residential potable water supply or residential sanitary sewer

connection, for a project that:

(1) is in a county a part of which is within 50 miles of

an international border; and

(2) is performed by an organization that:

(A) is certified by the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
to provide

self-help project assistance; and

(B) provides the board with the following

information before the 30th day before the date the project begins:

(i) the exact location of the project;

(ii) the intended duration of the project;

and

(iii) other information the board requires.

SECTION 48. Section 1904.001(1), Occupations Code, is

amended to read as follows:

(1) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

SECTION 49. Sections 2304.001(1) and (2), Occupations Code,

are amended to read as follows:

(1) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

(2) "Executive director" means the executive director

of the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
.

SECTION 50. Section 28.03(d), Penal Code, is amended to

read as follows:

(d) The terms "public communication, public transportation,

public gas or power supply, or other public service" and "public

water supply" shall mean, refer to, and include any such services

subject to regulation by the Public Utility Commission of Texas,

the Railroad Commission of Texas, or the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
or any such

services enfranchised by the State of Texas or any political

subdivision thereof.

SECTION 51. Sections 11.082(b) and (c), Parks and Wildlife

Code, are amended to read as follows:

(b) The department shall develop the state plan in

coordination with the Texas [
Natural Resource Conservation
]

Commission
on Environmental Quality
, the Department of

Agriculture, water districts and other political subdivisions of

the state with jurisdiction over public bodies of surface water,

and public drinking water providers.

(c) The state plan must:

(1) establish minimum standards for a governing entity

that regulates a public body of surface water;

(2) require that any application of aquatic herbicide

complies with label rates approved by the United States

Environmental Protection Agency;

(3) ensure that any public drinking water provider

that has an intake within two river miles of a site at which an

application of aquatic herbicide is proposed to occur receives

notice of the proposed application not later than the 14th day

before the date the application is to occur;

(4) provide for the coordination, oversight, public

notification, and enforcement of all aquatic herbicide use to

protect state fish and wildlife resources and habitat and to

prevent unreasonable risk from the use of any aquatic herbicide;

and

(5) require that the written notice of a proposed

application of herbicide include information demonstrating that

the proposed application of herbicide under a plan will not result

in exceeding:

(A) the maximum contaminant level of the

herbicide in finished drinking water as set by the Texas [
Natural

Resource Conservation
] Commission
on Environmental Quality
and the

United States Environmental Protection Agency; or

(B) the maximum label rate, if the aquatic

herbicide does not have a maximum contaminant level established by

the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
and the United States Environmental

Protection Agency.

SECTION 52. Section 11.083(a), Parks and Wildlife Code, is

amended to read as follows:

(a) A governing entity may develop and adopt a local aquatic

vegetation management plan. A local plan must be approved by the

department, the Texas [
Natural Resource Conservation
] Commission

on Environmental Quality
, and the Department of Agriculture.

SECTION 53. Sections 14.002(a) and (b), Parks and Wildlife

Code, are amended to read as follows:

(a) The department and the land office, in conjunction,

shall develop and adopt a State Wetlands Conservation Plan for

state-owned coastal wetlands. The Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
and other state

agencies and local governments shall assist in developing and

implementing the plan. The department and the land office shall

consult with federal agencies in developing and adopting the plan.

(b) The plan shall include:

(1) a definition of the term "wetlands" consistent to

the greatest extent practicable with the definition under

Subchapter J, Chapter 11, Water Code, and federal law;

(2) a policy framework for achieving a goal of no

overall net loss of state-owned coastal wetlands, which framework

shall include monitoring and enforcement of the no overall net loss

policy;

(3) provisions for an inventory of state-owned coastal

wetlands to determine gains and losses in areal extent, wetland

types, wetland function, and the causes of wetlands alterations;

(4) provisions for an inventory of sites for

compensatory mitigation, enhancement, restoration, and acquisition

priorities;

(5) clarification and unification of wetland

mitigation policies within the department, the land office, and the

Texas [
Natural Resource Conservation
] Commission
on Environmental

Quality
, and other state agencies and subdivisions;

(6) development of guidelines and regulations for

mitigation done in advance for losses due to possible future

development and for which credit may be received when such future

development occurs;

(7) evaluation of requirements of freshwater inflow to

estuaries that affect state-owned coastal wetlands;

(8) preparations for a long-range navigational

dredging and disposal plan, in consultation with the Texas

Department of Transportation, port authorities, and navigation

districts, including the recommendations set out in the

department's Texas Outdoor Recreation Plan;

(9) provisions for scientific studies examining the

effects of boat traffic in sensitive coastal wetland areas and for

education of the public with regard to the effects of boating in

wetlands and proper nondamaging boating techniques;

(10) provisions to encourage the reduction of nonpoint

source pollution of coastal wetlands, bays, and estuaries, in

consultation with the Texas [
Natural Resource Conservation
]

Commission
on Environmental Quality
, including the monitoring and

adoption of nonpoint source pollution standards as they are

developed by authorized state and federal agencies;

(11) development of a networking strategy to improve

coordination among existing federal and state agencies with respect

to coastal wetland permitting, review, and protection

responsibilities, including the assessment of current state agency

permitting and other processes concerning coastal wetlands;

(12) a public education program on wetlands with the

responsibility for the production of such material to be jointly

that of the land office and the department;

(13) participation in the establishment of a National

Wetlands Information Center by the federal government;

(14) evaluation of the feasibility and effect of

sediment bypassing from reservoirs to bays and estuaries;

(15) consideration of sea level rise as it relates to

coastal wetlands;

(16) provisions consistent with the department's Texas

Wetlands Plan;

(17) a plan to acquire coastal wetlands, following the

guidelines provided for in Subchapter G, Chapter 33, Natural

Resources Code; and

(18) any other matter affecting state-owned coastal

wetlands.

SECTION 54. Section 3875.002(2), Special District Local

Laws Code, is amended to read as follows:

(2) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

SECTION 55. Section 34.06(f), Tax Code, is amended to read

as follows:

(f) The purchasing taxing unit is entitled to recover from

the proceeds of a resale of the property any cost incurred by the

taxing unit in inspecting the property to determine whether there

is a release or threatened release of solid waste from the property

in violation of Chapter 361, Health and Safety Code, or a rule

adopted or permit or order issued by the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
under that

chapter, or a discharge or threatened discharge of waste or a

pollutant into or adjacent to water in this state from a point of

discharge on the property in violation of Chapter 26, Water Code, or

a rule adopted or permit or order issued by the commission under

that chapter, and in taking action to remove or remediate the

release or threatened release or discharge or threatened discharge

regardless of whether the taxing unit:

(1) was required by law to incur the cost; or

(2) obtained the consent of each taxing unit entitled

to receive proceeds of the sale under the judgment of foreclosure to

incur the cost.

SECTION 56. Section 201.604(d), Transportation Code, is

amended to read as follows:

(d) The department shall coordinate with the Texas [
Natural

Resource Conservation
] Commission
on Environmental Quality
and the

Parks and Wildlife Department in preparing an environmental review.

To give those agencies time to respond, the department shall submit

the review of a project and the department's mitigation proposals

on the project to them for comment before the 30th day preceding the

date on which the department issues the written report explaining

its decision on that project.

SECTION 57. Section 201.612(d), Transportation Code, is

amended to read as follows:

(d) In determining whether to approve the construction of

the bridge, the commission shall solicit the advice of:

(1) the Department of Public Safety;

(2) the Texas [
Natural Resource Conservation
]

Commission
on Environmental Quality
;

(3) the Texas Historical Commission;

(4) the Department of Agriculture;

(5) the Texas Alcoholic Beverage Commission;

(6) the Texas Department of Commerce; and

(7) any other state agency the commission determines

is appropriate.

SECTION 58. Sections 548.001(3) and (4), Transportation

Code, are amended to read as follows:

(3)
"Department" means the Department of Public Safety

[
"Conservation commission" means the Texas Commission on

Environmental Quality
].

(4)
"Environmental commission" means the Texas

Commission on Environmental Quality
[
"Department" means the

Department of Public Safety
].

SECTION 59. Sections 548.006(a), (c), and (h),

Transportation Code, are amended to read as follows:

(a) An advisory committee consisting of nine members shall:

(1) advise the
environmental
[
conservation
]

commission and the department on the
environmental
[
conservation
]

commission's and department's rules relating to the operation of

the vehicle inspection program under this chapter;

(2) make recommendations to the
environmental

[
conservation
] commission and the department relating to the

content of rules involving the operation of the vehicle inspection

program; and

(3) perform any other advisory function requested by

the
environmental
[
conservation
] commission or the department in

administering this chapter and Chapter 382, Health and Safety Code.

(c) The presiding officer of the
environmental

[
conservation
] commission and the presiding officer of the

commission shall each appoint one member of the committee who will

alternate serving as the presiding officer of the committee.

(h) The committee is entitled to review and comment on rules

to be considered for adoption by the
environmental
[
conservation
]

commission, the commission, or the department under this chapter or

Chapter 382, Health and Safety Code, before the rules are adopted.

SECTION 60. Section 548.301(b), Transportation Code, is

amended to read as follows:

(b) The commission by rule may establish a motor vehicle

emissions inspection and maintenance program for vehicles

specified by the
environmental
[
conservation
] commission in a

county for which the
environmental
[
conservation
] commission has

adopted a resolution requesting the commission to establish such a

program and for which the county and the municipality with the

largest population in the county by resolution have formally

requested a proactive air quality plan consisting of such a

program.

SECTION 61. Section 548.302, Transportation Code, is

amended to read as follows:

Sec. 548.302. COMMISSION TO ADOPT STANDARDS AND

REQUIREMENTS. The commission shall:

(1) adopt standards for emissions-related inspection

criteria consistent with requirements of the United States and the

environmental
[
conservation
] commission applicable to a county in

which a program is established under this subchapter; and

(2) develop and impose requirements necessary to

ensure that a passing vehicle inspection report is not issued to a

vehicle subject to a program established under this subchapter and

that information stating that a vehicle has passed an inspection is

not submitted to the department's database unless the vehicle has

passed a motor vehicle emissions inspection at a facility

authorized and certified by the department.

SECTION 62. Section 548.3065(c-1), Transportation Code, is

amended to read as follows:

(c-1) The
environmental
[
conservation
] commission may

impose an administrative penalty on a person in the amount of not

more than $500 for each violation of this subchapter or a rule

adopted by the
environmental
[
conservation
] commission under this

subchapter.

SECTION 63. Sections 548.4045(a) and (b), Transportation

Code, are amended to read as follows:

(a) This section applies only to an inspection station that:

(1) is located in a county in which the
environmental

[
conservation
] commission has established a motor vehicle

emissions inspection and maintenance program under Subchapter F;

and

(2) has been convicted of a violation of this chapter

relating to an emissions inspection.

(b) An application for certification as an inspection

station must be accompanied by a surety bond in the amount of

$5,000, payable to this state and conditioned on the future

compliance with this chapter and rules adopted by the department or

the
environmental
[
conservation
] commission under this chapter.

SECTION 64. Section 548.5055(c), Transportation Code, is

amended to read as follows:

(c) This section expires on the last day of the state fiscal

biennium during which the
environmental
[
conservation
] commission

publishes in the Texas Register the notice required by Section

382.037, Health and Safety Code.

SECTION 65. The heading to Subchapter B, Chapter 5, Water

Code, is amended to read as follows:

SUBCHAPTER B. [
ORGANIZATION OF THE
] TEXAS [
NATURAL RESOURCE

CONSERVATION
] COMMISSION
ON ENVIRONMENTAL QUALITY

SECTION 66. The heading to Subchapter C, Chapter 5, Water

Code, is amended to read as follows:

SUBCHAPTER C.
ORGANIZATION OF
[
TEXAS NATURAL RESOURCE

CONSERVATION
] COMMISSION

SECTION 67. Section 5.051, Water Code, is amended to read as

follows:

Sec. 5.051. COMMISSION.
(a)
The Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
is created as an

agency of the state.

(b)

Effective January 1, 2004, a reference in law to the

Texas Natural Resource Conservation Commission is a reference to

the Texas Commission on Environmental Quality.

SECTION 68. The heading to Subchapter D, Chapter 5, Water

Code, is amended to read as follows:

SUBCHAPTER D. GENERAL POWERS AND DUTIES OF [
THE
] COMMISSION

SECTION 69. Section 5.179, Water Code, is amended to read as

follows:

Sec. 5.179. SEAL. The commission shall have a seal bearing

the words Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
encircling the oak and olive branches common

to other official seals.

SECTION 70. Section 6.001(3), Water Code, is amended to

read as follows:

(3) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

SECTION 71. Section 7.001(1), Water Code, is amended to

read as follows:

(1) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

SECTION 72. Sections 11.039(a) and (b), Water Code, are

amended to read as follows:

(a) If a shortage of water in a water supply not covered by a

water conservation plan prepared in compliance with Texas [
Natural

Resource Conservation
] Commission
on Environmental Quality
or

Texas Water Development Board rules results from drought, accident,

or other cause, the water to be distributed shall be divided among

all customers pro rata, according to the amount each may be entitled

to, so that preference is given to no one and everyone suffers

alike.

(b) If a shortage of water in a water supply covered by a

water conservation plan prepared in compliance with Texas [
Natural

Resource Conservation
] Commission
on Environmental Quality
or

Texas Water Development Board rules results from drought, accident,

or other cause, the person, association of persons, or corporation

owning or controlling the water shall divide the water to be

distributed among all customers pro rata, according to:

(1) the amount of water to which each customer may be

entitled; or

(2) the amount of water to which each customer may be

entitled, less the amount of water the customer would have saved if

the customer had operated its water system in compliance with the

water conservation plan.

SECTION 73. Sections 15.001(2) and (4), Water Code, are

amended to read as follows:

(2) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

(4) "Executive director" means the executive director

of the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
.

SECTION 74. Section 15.851(1), Water Code, is amended to

read as follows:

(1) "Approved local plan" means a local plan

authorized by Section 11.083, Parks and Wildlife Code, that has

been approved by the Parks and Wildlife Commission, the Texas

[
Natural Resource Conservation
] Commission
on Environmental

Quality
, and the Department of Agriculture as required by Section

11.083, Parks and Wildlife Code.

SECTION 75. Section 15.853(a), Water Code, is amended to

read as follows:

(a) Money in the fund may be used only for the following

purposes, in the following order of priority:

(1) grants to the Parks and Wildlife Department:

(A) to develop a state aquatic vegetation

management plan in coordination with the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
, the Department

of Agriculture, water districts and other political subdivisions

with jurisdiction over public bodies of surface water, and public

drinking water providers, as required by Section 11.082, Parks and

Wildlife Code; or

(B) for research, outreach, and educational

activities that relate to vegetation control;

(2) grants to political subdivisions to develop local

aquatic vegetation management plans that conform to the state

aquatic vegetation management plan, as authorized by Section

11.083, Parks and Wildlife Code; and

(3) grants to political subdivisions to manage aquatic

vegetation infestations under the state plan or the approved local

plan adopted by the political subdivision.

SECTION 76. Sections 16.001(2) and (4), Water Code, are

amended to read as follows:

(2) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

(4) "Executive director" means the executive director

of the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
.

SECTION 77. Sections 17.001(2) and (4), Water Code, are

amended to read as follows:

(2) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

(4) "Executive director" means the executive director

of the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
.

SECTION 78. Sections 26.001(2) and (4), Water Code, are

amended to read as follows:

(2) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

(4) "Executive director" means the executive director

of the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
.

SECTION 79. Section 26.0345(a), Water Code, is amended to

read as follows:

(a) In addition to wastewater permit conditions established

under the authority of Sections 5.102, 5.103, 5.120, and 26.040,

the
commission
[
Texas Natural Resource Conservation Commission
],

in consultation with the Department of Agriculture and the Parks

and Wildlife Department, shall establish permit conditions

relating to suspended solids in a discharge permit for an

aquaculture facility located within the coastal zone and engaged in

shrimp production that are based on levels and measures adequate to

prevent:

(1) potential significant adverse responses in

aquatic organisms, changes in flow patterns of receiving waters, or

untimely filling of bays with settled solids; or

(2) a potential significant adverse response in

aquatic plants from attenuation of light by suspended solids in

discharges.

SECTION 80. Section 26.179(b), Water Code, is amended to

read as follows:

(b) For the purpose of Subsection (a)(1), "maintaining

background levels of water quality in waterways" means maintaining

background levels of water quality in waterways comparable to those

levels which existed prior to new development as measured by the

following constituents: total suspended solids, total phosphorus,

total nitrogen, and chemical and biochemical oxygen demand.

Background levels shall be established either from sufficient data

collected from water quality monitoring at one or more sites

located within the area designated as a water quality protection

zone or, if such data are unavailable, from calculations performed

and certified by a registered professional engineer utilizing the

concepts and data from the National Urban Runoff Program (NURP)

Study or other studies approved by the
commission
[
Texas Natural

Resource Conservation Commission (commission)
] for the

constituents resulting from average annual runoff, until such data

collected at the site are available. Background levels for

undeveloped sites shall be verified based on monitoring results

from other areas of property within the zone prior to its

development. The monitoring shall consist of a minimum of one stage

(flow) composite sample for at least four storm events of one-half

inch or more of rainfall that occur at least one month apart.

Monitoring of the four constituents shall be determined by

monitoring at four or more locations where runoff occurs. A minimum

of four sample events per year for each location for rainfall events

greater than one-half inch shall be taken. Monitoring shall occur

for three consecutive years after each phase of development occurs

within the Water Quality Protection Zone. Each new phase of

development, including associated best management practices, will

require monitoring for a three-year period. The results of the

monitoring and a description of the best management practices being

used throughout the zone shall be summarized in a technical report

and submitted to the commission no later than April 1 of each

calendar year during development of the property, although the

commission may determine that monitoring is no longer required.

The commission shall review the technical report. If the

performance monitoring and best management practices indicate that

background levels were not maintained during the previous year, the

owner or developer of land within the water quality protection zone

shall:

(1) modify water quality plans developed under this

section for future phases of development in the water quality

protection zone to the extent reasonably feasible and practical;

and

(2) modify operational and maintenance practices in

existing phases of the water quality protection zone to the extent

reasonably feasible and practical.

Water quality monitoring shall not be required in areas using

the methodology described by Subsection (a)(2).

SECTION 81. Sections 28.001(1) and (2), Water Code, are

amended to read as follows:

(1) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

(2) "Executive Director" means the executive director

of the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
.

SECTION 82. Section 30.004(a), Water Code, is amended to

read as follows:

(a) This chapter is cumulative of other statutes governing

the Texas Water Development Board and the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
relating to:

(1) the issuance of bonds;

(2) the collection, transportation, treatment, or

disposal of waste; and

(3) the design, construction, acquisition, or

approval of facilities for these purposes.

SECTION 83. Section 30.106, Water Code, is amended to read

as follows:

Sec. 30.106. SUPERVISION BY TEXAS [
NATURAL RESOURCE

CONSERVATION
] COMMISSION
ON ENVIRONMENTAL QUALITY
. The Texas

[
Natural Resource Conservation
] Commission
on Environmental

Quality
is authorized to exercise continuing supervision on behalf

of the state of comprehensive plans prepared under this chapter.

SECTION 84. Sections 31.001(1) and (2), Water Code, are

amended to read as follows:

(1) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

(2) "Executive director" means the executive director

of the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
.

SECTION 85. Section 35.002(2), Water Code, is amended to

read as follows:

(2) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

SECTION 86. Section 36.001(2), Water Code, is amended to

read as follows:

(2) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

SECTION 87. Section 37.001(1), Water Code, is amended to

read as follows:

(1) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

SECTION 88. Section 41.0082, Water Code, is amended to read

as follows:

Sec. 41.0082. COOPERATION OF TEXAS [
NATURAL RESOURCE

CONSERVATION
] COMMISSION
ON ENVIRONMENTAL QUALITY
. The Texas

[
Natural Resource Conservation
] Commission
on Environmental

Quality
shall cooperate with the commissioner in the performance of

his duties and shall furnish him any available data and information

he needs.

SECTION 89. Section 42.009, Water Code, is amended to read

as follows:

Sec. 42.009. COOPERATION OF TEXAS [
NATURAL RESOURCE

CONSERVATION
] COMMISSION
ON ENVIRONMENTAL QUALITY
. The Texas

[
Natural Resource Conservation
] Commission
on Environmental

Quality
shall cooperate with the commissioner in the performance of

his duties and shall furnish him any available data and information

he needs.

SECTION 90. Section 43.0052, Water Code, is amended to read

as follows:

Sec. 43.0052. COOPERATION OF TEXAS [
NATURAL RESOURCE

CONSERVATION
] COMMISSION
ON ENVIRONMENTAL QUALITY
. The Texas

[
Natural Resource Conservation
] Commission
on Environmental

Quality
shall cooperate with the commissioner in the performance of

his duties and shall furnish him any available data and information

he needs.

SECTION 91. Section 44.009, Water Code, is amended to read

as follows:

Sec. 44.009. COOPERATION OF TEXAS [
NATURAL RESOURCE

CONSERVATION
] COMMISSION
ON ENVIRONMENTAL QUALITY
. The Texas

[
Natural Resource Conservation
] Commission
on Environmental

Quality
shall cooperate with the members in the performance of

their duties and shall furnish them any available data and

information they need.

SECTION 92. Section 46.008(a), Water Code, is amended to

read as follows:

(a) The executive director of the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
or a designated

representative selected from the staff of the Texas [
Natural

Resource Conservation
] Commission
on Environmental Quality
shall

also serve as a commissioner and represent this state on the

commission established by Article IX of the compact.

SECTION 93. Section 46.010, Water Code, is amended to read

as follows:

Sec. 46.010. COOPERATION OF TEXAS [
NATURAL RESOURCE

CONSERVATION
] COMMISSION
ON ENVIRONMENTAL QUALITY
. The Texas

[
Natural Resource Conservation
] Commission
on Environmental

Quality
shall cooperate with the commissioners in the performance

of their duties and shall furnish them any factual data and

information that are available.

SECTION 94. Section 49.001(a)(2), Water Code, is amended to

read as follows:

(2) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

SECTION 95. Sections 51.001(5) and (6), Water Code, are

amended to read as follows:

(5) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

(6) "Executive director" means the executive director

of the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
.

SECTION 96. Sections 54.001(4) and (5), Water Code, are

amended to read as follows:

(4) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

(5) "Executive director" means the executive director

of the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
.

SECTION 97. Sections 55.001(3) and (4), Water Code, are

amended to read as follows:

(3) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

(4) "Executive director" means the executive director

of the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
.

SECTION 98. Section 56.022(b), Water Code, is amended to

read as follows:

(b) The engineer shall obtain information regarding land

and outlets inside the proposed district from the Texas [
Natural

Resource Conservation
] Commission
on Environmental Quality
and

from other sources, and he shall cooperate with the
commission

[
Texas Natural Resource Conservation Commission
] in the discharge

of its duties.

SECTION 99. Section 56.242(c), Water Code, is amended to

read as follows:

(c) The board may issue negotiable notes payable from the

maintenance tax authorized by Subsection (a) to meet the financial

obligations of the district, as described by Subsection (a). The

notes shall be payable over a period not to exceed five years from

the date of issuance. Notes issued under this subsection are not

required to be approved by the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
. A district may

not have outstanding, at any one time, notes in excess of $3 million

under this subsection.

SECTION 100. Section 56.311(d), Water Code, is amended to

read as follows:

(d) Before entering an order discharging the trustee and the

surety on the trustee's bond and closing the trust estate, the

commissioners court shall order all transactions of the trustee

audited by an independent certified public accountant. A copy of

the audit shall be filed with the commissioners court and the Texas

[
Natural Resource Conservation
] Commission
on Environmental

Quality
, and a copy shall be provided to the trustee.

SECTION 101. Sections 57.001(5) and (6), Water Code, are

amended to read as follows:

(5) "Executive director" means the executive director

of the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
.

(6) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

SECTION 102. Section 58.001(5), Water Code, is amended to

read as follows:

(5) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

SECTION 103. Section 60.249(c), Water Code, is amended to

read as follows:

(c) The district shall advise the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
of a conversion

not later than the 45th day after the results of the election are

canvassed by the commissioners court.

SECTION 104. Sections 65.001(4) and (5), Water Code, are

amended to read as follows:

(4) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

(5) "Executive director" means the executive director

of the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
.

SECTION 105. Sections 66.001(2) and (3), Water Code, are

amended to read as follows:

(2) "Commission" means the Texas [
Natural Resource

Conservation
] Commission
on Environmental Quality
.

(3) "Executive director" means the executive director

of the Texas [
Natural Resource Conservation
] Commission
on

Environmental Quality
.

SECTION 106. Section 57.001(3), Water Code, is repealed.

SECTION 107. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 766 passed the Senate on

March 13, 2025, by the following vote: Yeas 30, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 766 passed the House on

May 28, 2025, by the following vote: Yeas 137, Nays 0, two

present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor