Devil’s River Discharge Ban Still Lets Cities Get New Permits

The text as introduced · 623 words

89R9574 ANG-D

By: Morales of Maverick
H.B. No. 3333

A BILL TO BE ENTITLED

AN ACT

relating to a restriction on permits authorizing direct discharges

of waste or pollutants into water in certain stream segments,

stream assessment units, and drainage areas.

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

SECTION 1. Subchapter B, Chapter 26, Water Code, is amended

by adding Section 26.0275 to read as follows:

Sec. 26.0275. RESTRICTION ON PERMITS FOR DISCHARGES INTO

CERTAIN SEGMENTS, ASSESSMENT UNITS, AND DRAINAGE AREAS. (a) In

this section:

(1) "Assessment unit" has the meaning assigned by the

commission's Surface Water Quality Monitoring Program as it existed

on September 1, 2025.

(2) "Classified segment" means any portion of Devil's

River identified in Appendices A and C of 30 T.A.C. Section 307.10

as it existed on September 1, 2025.

(3) "Drainage area" means any unclassified water body

that drains to a stream segment or a stream assessment unit to which

this section applies.

(4) "Stream assessment unit" means an assessment unit

for a stream, creek, or river, or a portion of a stream, creek, or

river, that is located within a classified segment that is not a

stream segment to which this section applies.

(5) "Stream segment" means a stream, creek, or river,

or a portion of a stream, creek, or river, that is a classified

segment.

(6) "Unclassified water body" means a water body other

than a classified segment or an assessment unit located within a

classified segment.

(b) This section applies to:

(1) a stream segment or stream assessment unit that,

on September 1, 2025, has had:

(A) at least 10 water quality samples taken from

the stream segment or stream assessment unit over the 10 calendar

years preceding January 1, 2024; and

(B) according to data in the commission's Surface

Water Quality Monitoring Information System, a total phosphorus

level below 0.06 milligrams per liter in 90 percent or more of all

water quality samples taken from the stream segment or stream

assessment unit over the 10 calendar years preceding January 1,

2024; and

(2) the drainage areas of any stream segment or stream

assessment unit that meets the requirements of Subdivision (1).

(c) Except as provided by Subsection (d), the commission may

not issue a new permit authorizing the direct discharge from a

domestic wastewater treatment facility of any waste, effluent, or

pollutants into a stream segment, stream assessment unit, or

drainage area to which this section applies.

(d) This section does not affect the authority of the

commission to issue:

(1) a new or amended permit to a municipality or a

river authority that authorizes a direct discharge from a domestic

wastewater treatment facility of waste, effluent, or pollutants

into a stream segment, stream assessment unit, or drainage area to

which this section applies;

(2) an individual permit for a municipal separate

storm sewer system; or

(3) a general permit for stormwater and associated

non-stormwater discharges.

SECTION 2. The change in law made by this Act applies only

to an application for a permit that is submitted to the Texas

Commission on Environmental Quality on or after the effective date

of this Act. An application for a permit that was submitted to the

Texas Commission on Environmental Quality before the effective date

of this Act is governed by the law in effect at the time the

application was filed, and the former law is continued in effect for

that purpose.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.