SB 766

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
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
(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
SECTION 3.  Section 76.004(b), Agriculture Code, is amended
(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
(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
(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
(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
(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
(3)  The foregoing remedies shall not be mutually
SECTION 5.  Section 76.131(a), Agriculture Code, is amended
(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]
SECTION 6.  Section 76.132, Agriculture Code, is amended to
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
SECTION 7.  Section 134.001(8), Agriculture Code, is amended
(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
(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
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
(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
(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
(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
(2)  a chief administrative officer of a state agency,
(3)  the executive director of the Texas Legislative
(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
(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
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
(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
(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
(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
SECTION 16.  Section 364.011(c), Health and Safety Code, is
(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
SECTION 17.  Section 365.011(1), Health and Safety Code, is
(1)  "Approved solid waste site" means:
(A)  a solid waste site permitted or registered by
the Texas [Natural Resource Conservation] Commission on
(B)  a solid waste site licensed by a county under
(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
(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
SECTION 19.  Section 366.002(2), Health and Safety Code, is
(2)  "Commission" means the Texas [Natural Resource
Conservation] Commission on Environmental Quality.
SECTION 20.  Section 369.001(1), Health and Safety Code, is
(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
SECTION 22.  Section 371.003(3), Health and Safety Code, is
(3)  "Commission" means the Texas [Natural Resource
Conservation] Commission on Environmental Quality.
SECTION 23.  Section 383.003(5), Health and Safety Code, is
(5)  "Commission" means the Texas [Natural Resource
Conservation] Commission on Environmental Quality.
SECTION 24.  Section 384.001(1), Health and Safety Code, is
(1)  "Commission" means the Texas [Natural Resource
Conservation] Commission on Environmental Quality.
SECTION 25.  Section 384.012, Health and Safety Code, is
Sec. 384.012.  POWERS AND DUTIES.  An organization shall
(2)  have an account at the Texas [Natural Resource
Conservation] Commission on Environmental Quality Air Emission
(3)  acquire emission reduction credits through
purchase, donation, or other means;
(4)  transfer emission reduction credits by sale or
(5)  identify, evaluate, promote, initiate, and
facilitate potential projects and strategies to generate emission
(6)  provide financial assistance for projects to
generate emission reduction credits;
(9)  consider sustainability of projects.
SECTION 26.  Section 388.002(5), Health and Safety Code, is
(5)  "Commission" means the Texas [Natural Resource
Conservation] Commission on Environmental Quality.
SECTION 27.  Section 389.001, Health and Safety Code, is
Sec. 389.001.  DEFINITION.  In this chapter, "commission"
means the Texas [Natural Resource Conservation] Commission on
SECTION 28.  Section 401.415(d), Health and Safety Code, is
(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
(a)  The Texas [Natural Resource Conservation] Commission on
(1)  has concurrent jurisdiction with the board
regarding the inspection of initial installation and other
administrative supervision of aboveground tanks authorized and
(2)  [.  The Texas Natural Resource Conservation
Commission] has the primary authority for inspection of initial
(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
SECTION 30.  Section 42.024(b), Local Government Code, is
(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
(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;
(A)  adjacent to the territory of the adopting
(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
(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
(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
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
(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
(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
(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
SECTION 32.  Section 43.0712(b), Local Government Code, is
(b)  Upon resumption of the functions of the special
(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
(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
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
(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
(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
(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
(C)  as provided by Section 552.0451.
SECTION 36.  Section 562.012(f), Local Government Code, is
(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
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
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
(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
(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
SECTION 39.  Section 33.2051(b), Natural Resources Code, is
(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:
(2)  on-site sewage disposal systems; or
(3)  underground storage tanks.
SECTION 40.  Section 33.2053(f), Natural Resources Code, is
(f)  The Texas [Natural Resource Conservation] Commission on
Environmental Quality shall comply with Sections 33.205(a) and (b)
(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
(3)  a permit for solid or hazardous waste treatment,
(4)  creation of a special purpose district or approval
of bonds for the purpose of construction of infrastructure on
(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
(8)  a new permit for an annual appropriation of:
(A)  5,000 or more acre-feet of water within the
(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
(A)  5,000 or more acre-feet of water within the
(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
(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
(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
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
SECTION 43.  Section 131.139(a), Natural Resources Code, is
(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
SECTION 44.  Section 131.141, Natural Resources Code, is
Sec. 131.141.  DENIAL OF A PERMIT.  The commission shall deny
(1)  it finds that the reclamation as required by this
chapter cannot be accomplished by means of the proposed reclamation
(2)  part of the proposed operation lies within an area
designated as unsuitable for surface mining in Sections 131.035
(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
(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
(5)  it determines that the proposed operation will
endanger the health and safety of the public;
(6)  the surface mining operation will adversely affect
(7)  the operator is unable to produce the bonds or
otherwise meet the requirements of Sections 131.201 through 131.206
SECTION 45.  Section 141.012(a), Natural Resources Code, is
(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
SECTION 46.  Section 141.074, Natural Resources Code, is
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
(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
(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;
(iii)  other information the board requires.
SECTION 48.  Section 1904.001(1), Occupations Code, is
(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
SECTION 50.  Section 28.03(d), Penal Code, is amended to
(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
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.
(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;
(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
(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
SECTION 52.  Section 11.083(a), Parks and Wildlife Code, is
(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.
(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
(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
(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
(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
(16)  provisions consistent with the department's Texas
(17)  a plan to acquire coastal wetlands, following the
guidelines provided for in Subchapter G, Chapter 33, Natural
(18)  any other matter affecting state-owned coastal
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
(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
SECTION 56.  Section 201.604(d), Transportation Code, is
(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
SECTION 57.  Section 201.612(d), Transportation Code, is
(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
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
(4)  "Environmental commission" means the Texas
Commission on Environmental Quality ["Department" means the
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
(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
(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
SECTION 61.  Section 548.302, Transportation Code, is
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
(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
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;
(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
(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
SECTION 67.  Section 5.051, Water Code, is amended to read as
Sec. 5.051.  COMMISSION.  (a) The Texas [Natural Resource
Conservation] Commission on Environmental Quality is created as an
(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
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
SECTION 70.  Section 6.001(3), Water Code, is amended to
(3)  "Commission" means the Texas [Natural Resource
Conservation] Commission on Environmental Quality.
SECTION 71.  Section 7.001(1), Water Code, is amended to
(1)  "Commission" means the Texas [Natural Resource
Conservation] Commission on Environmental Quality.
SECTION 72.  Sections 11.039(a) and (b), Water Code, are
(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
(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
(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
SECTION 73.  Sections 15.001(2) and (4), Water Code, are
(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
SECTION 74.  Section 15.851(1), Water Code, is amended to
(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
(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
(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
(2)  "Commission" means the Texas [Natural Resource
Conservation] Commission on Environmental Quality