88R7542 JXC-D
	By: Zwiener	H.B. No. 4144

	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation by the Texas Commission on Environmental
	Quality of the discharge of preproduction plastic.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 26.0135(a), Water Code, is amended to
	read as follows:
	(a)  To ensure clean water, the commission shall establish
	the strategic and comprehensive monitoring of water quality and the
	periodic assessment of water quality in each watershed and river
	basin of the state. In order to conserve public funds and avoid
	duplication of effort, subject to adequate funding under Section
	26.0291, river authorities shall, to the greatest extent possible
	and under the supervision of the commission, conduct water quality
	monitoring and assessments in their own watersheds. Watershed
	monitoring and assessments involving agricultural or silvicultural
	nonpoint source pollution shall be coordinated through the State
	Soil and Water Conservation Board with local soil and water
	conservation districts. The water quality monitoring and reporting
	duties under this section apply only to a river authority that has
	entered into an agreement with the commission to perform those
	duties. The commission, either directly or through cooperative
	agreements and contracts with local governments, shall conduct
	monitoring and assessments of watersheds where a river authority is
	unable to perform an adequate assessment of its own watershed. The
	monitoring program shall provide data to identify significant
	long-term water quality trends, characterize water quality
	conditions, support the permitting process, and classify
	unclassified waters. The commission shall consider available
	monitoring data and assessment results in developing or reviewing
	wastewater permits and stream standards and in conducting other
	water quality management activities. The assessment must include a
	review of wastewater discharges, nonpoint source pollution,
	pollution from preproduction plastic, as defined by Section 26.023,
	nutrient loading, toxic materials, biological health of aquatic
	life, public education and involvement in water quality issues,
	local and regional pollution prevention efforts, and other factors
	that affect water quality within the watershed. The monitoring and
	assessment required by this section is a continuing duty, and the
	monitoring and assessment shall be periodically revised to show
	changes in the factors subject to assessment.
	SECTION 2.  Section 26.023, Water Code, is amended to read as
	follows:
	Sec. 26.023.  WATER QUALITY STANDARDS. (a) The commission
	by rule shall set water quality standards for the water in the state
	and may amend the standards from time to time. The commission has
	the sole and exclusive authority to set water quality standards for
	all water in the state. The commission shall consider the existence
	and effects of nonpoint source pollution, preproduction plastic
	pollution, toxic materials, and nutrient loading in developing
	water quality standards and related waste load models for water
	quality. The commission shall develop standards based on all
	quality assured data obtained by the commission, including the
	local watershed and river basin database described by Section
	26.0135(c)(2).
	(b)  In this section:
	(1)  "Preproduction plastic" means pre-consumer
	plastic resin, consisting of organic polymers and additives, in the
	form of pellets, powder, flakes, or powdered additives.
	(2)  "Quality[, "quality] assured data" has the meaning
	assigned by Section 26.0135(i).
	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, 2023.

Statutes affected:
Introduced: Water Code 26.0135, Water Code 26.023 (Water Code 26)