H.B. No. 1922
 
 
 
 
AN ACT
  relating to the authorization of certain reuse water system
  contributions and discharges.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 26, Water Code, is amended
  by adding Section 26.0271 to read as follows:
         Sec. 26.0271.  PERMITS AUTHORIZING REUSE WATER SYSTEM
  CONTRIBUTIONS AND DISCHARGES. (a) This section applies only to
  wastewater treatment facilities operated by an agency of a
  home-rule municipality with a population of one million or more.
         (b)  In any permit or amendment to a permit issued under this
  chapter, at the request of the applicant the commission may
  authorize a wastewater treatment facility to contribute treated
  domestic wastewater produced by the facility as reclaimed water to
  a reuse water system if the commission has approved the use of
  reclaimed water from the wastewater treatment facility.
         (c)  In any permit or amendment to a permit issued under this
  chapter, at the request of the applicant the commission shall
  authorize, subject to any required approval by the United States
  Environmental Protection Agency, a wastewater treatment facility
  to:
               (1)  contribute reclaimed water into a reuse water
  system operated by the agency; and
               (2)  discharge reclaimed water contributed to a reuse
  water system at any outfall for which a discharge from the reuse
  water system is authorized in any permit issued for any wastewater
  treatment facility operated by the agency.
         (d)  For an effluent limitation violation occurring at an
  outfall permitted for reuse water system discharges by more than
  one wastewater treatment facility, the commission shall attribute
  the violation to the wastewater treatment facility contributing the
  reclaimed water causing the violation.  For a violation that is not
  directly attributable to a specific wastewater treatment facility,
  the commission shall attribute the violation to the wastewater
  treatment facility contributing the greatest volume of reclaimed
  water to the reuse water system on the date of the violation.
         SECTION 2.  (a)  The change in law made by Section 26.0271,
  Water Code, as added by this Act, applies only to permits or
  amendments to permits issued on or after the effective date of this
  Act. A permit or permit amendment that was issued before the
  effective date of this Act is governed by the law in effect at the
  time the permit or amendment to the permit was issued, and the
  former law is continued in effect for that purpose.
         (b)  It is the intent of the legislature that the change in
  law made by Section 26.0271, Water Code, as added by this Act, does
  not in any way alter the current law related to permits, amendments
  to permits, authorizations, and other approvals for the
  contribution or discharge of reclaimed water, including the
  commission's current reclaimed water rules, as applied to any
  entity other than a wastewater treatment facility operated by an
  agency of a home-rule municipality with a population of one million
  or more, including a municipality with a population of less than one
  million.
         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, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1922 was passed by the House on April
  22, 2009, by the following vote:  Yeas 149, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1922 was passed by the Senate on May
  21, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor