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S.M.A.R.T. Organized Conservation Legislation

  76R11873 MI-F                           
         By Kuempel                                            H.B. No. 3079
         Substitute the following for H.B. No. 3079:
         By Kuempel                                        C.S.H.B. No. 3079
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the development and financing of a statewide aquatic
 1-3     vegetation management plan.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 11, Parks and Wildlife Code, is amended
 1-6     by adding Subchapter G to read as follows:
 1-7                SUBCHAPTER G.  AQUATIC VEGETATION MANAGEMENT
 1-8           Sec. 11.081.  DEFINITIONS.  In this subchapter:
 1-9                 (1)  "Governing entity" means the state agency or other
1-10     political subdivision with jurisdiction over a public body of
1-11     surface water.
1-12                 (2)  "Integrated pest management" means the coordinated
1-13     use of pest and environmental information and pest control methods
1-14     to prevent unacceptable levels of pest damage by the most
1-15     economical means and in a manner that will cause the least possible
1-16     hazard to persons, property, and the environment.
1-17                 (3)  "Local plan" means a local aquatic vegetation
1-18     management plan authorized by Section 11.083.
1-19                 (4)  "Public body of surface water" means any body of
1-20     surface water that is not used exclusively for an agricultural
1-21     purpose.  The term does not include impounded water on private
1-22     property.
1-23                 (5)  "State plan" means the state aquatic vegetation
1-24     management plan authorized by Section 11.082 and developed and
 2-1     implemented under this subchapter.
 2-2                 (6)  "Water district" means a conservation and
 2-3     reclamation district or an authority created under authority of
 2-4     Section 52(b)(1) or (2), Article III, or Section 59, Article XVI,
 2-5     Texas Constitution, that has jurisdiction over a public body of
 2-6     surface water.  The term does not include a navigation district or
 2-7     a port authority.
 2-8           Sec. 11.082.  STATE AQUATIC VEGETATION MANAGEMENT PLAN.  (a)
 2-9     The department shall develop and by rule adopt a state aquatic
2-10     vegetation management plan following the generally accepted
2-11     principles of integrated pest management.
2-12           (b)  The department shall develop the state plan in
2-13     coordination with the Texas Natural Resource Conservation
2-14     Commission, the Department of Agriculture,  water districts and
2-15     other political subdivisions of the state with jurisdiction over
2-16     public bodies of surface water, and public drinking water
2-17     providers.
2-18           (c)  The state plan must:
2-19                 (1)  establish minimum standards for a governing entity
2-20     that regulates a public body of surface water;
2-21                 (2)  require that any application of aquatic herbicide
2-22     complies with label rates approved by the United States
2-23     Environmental Protection Agency;
2-24                 (3)  ensure that any public drinking water provider
2-25     that has an intake within two river miles of a site at which an
2-26     application of aquatic herbicide is proposed to occur receives
2-27     notice of the proposed application not later than the 14th day
 3-1     before the date the application is to occur;
 3-2                 (4)  provide for the coordination, oversight, public
 3-3     notification, and enforcement of all aquatic herbicide use to
 3-4     protect state fish and wildlife resources and habitat and to
 3-5     prevent unreasonable risk from the use of any aquatic herbicide;
 3-6     and
 3-7                 (5)  ensure that any aquatic herbicide application
 3-8     under a plan will not result in exceeding:
 3-9                       (A)  the maximum contaminant level of the
3-10     herbicide in finished drinking water as set by the Texas Natural
3-11     Resource Conservation Commission and the United States
3-12     Environmental Protection Agency; or
3-13                       (B)  the maximum label rate, if the aquatic
3-14     herbicide does not have a maximum contaminant level established by
3-15     the Texas Natural Resource Conservation Commission and the United
3-16     States Environmental Protection Agency.
3-17           Sec. 11.083.  LOCAL AQUATIC VEGETATION MANAGEMENT PLAN.  (a)
3-18     A governing entity must adopt the state plan or develop and adopt a
3-19     local aquatic vegetation management plan.  A local plan must be
3-20     approved by the department, the Texas Natural Resource Conservation
3-21     Commission, and the Department of Agriculture.
3-22           (b)  A local plan may take into account the particular needs
3-23     and uses of the public bodies of surface water to which it will
3-24     apply, but the plan may not be approved unless the plan meets the
3-25     minimum standards set by the state plan.  The local plan may allow
3-26     herbicide use if the person proposing to apply the herbicide
3-27     notifies the governing entity not later than the 14th day before
 4-1     the proposed date of application.
 4-2           Sec. 11.084.  APPLICATION OF AQUATIC HERBICIDE IN PUBLIC BODY
 4-3     OF SURFACE WATER.  (a)  No person may apply aquatic herbicide in a
 4-4     public body of surface water unless:
 4-5                 (1)  the governing entity with jurisdiction over that
 4-6     body of water has adopted the state plan or a local plan applicable
 4-7     to that body of water; and
 4-8                 (2)  the herbicide is applied in a manner consistent
 4-9     with the plan adopted by the governing entity.
4-10           (b)  State money may not be used to pay for treatment of a
4-11     public body of surface water with a chemical herbicide unless the
4-12     application of the herbicide is performed by an applicator licensed
4-13     for  aquatic herbicide application by the Department of
4-14     Agriculture.
4-15           (c)  An individual who does not hold an applicator's license
4-16     and who desires to apply an aquatic herbicide on a public body of
4-17     surface water shall give written notice not later than the 14th day
4-18     before the date the application of the aquatic herbicide is to
4-19     occur to the governing entity with jurisdiction over the body of
4-20     water on which the application of the herbicide is proposed.  The
4-21     governing entity shall respond to the individual's application not
4-22     later than the day before the date the application of the aquatic
4-23     herbicide is to occur. The individual may not apply the aquatic
4-24     herbicide unless the governing entity finds that the application
4-25     will be consistent with the state or local plan adopted by the
4-26     entity.
4-27           (d)  The state plan may provide for use of an aquatic
 5-1     herbicide consistent with the plan if:
 5-2                 (1)  the individual who desires to apply the aquatic
 5-3     herbicide gives notice to the appropriate governing entity in the
 5-4     same manner as provided by Subsection (c) for an unlicensed
 5-5     applicator; and
 5-6                 (2)  the governing entity does not disapprove the
 5-7     application.
 5-8           (e)  After receiving notice of a proposed application of
 5-9     aquatic herbicide, the governing entity shall:
5-10                 (1)  provide the individual proposing the application
5-11     with a copy of the state or local plan, as appropriate;
5-12                 (2)  notify the individual in writing that it is a
5-13     violation of state law to apply aquatic herbicides in that body of
5-14     water in a manner inconsistent with the plan; and
5-15                 (3)  determine whether the proposed application is
5-16     consistent with the plan.
5-17           (f)  The governing entity shall:
5-18                 (1)  prohibit a proposed application of aquatic
5-19     herbicide if the governing entity finds that the proposed
5-20     application is inconsistent with the appropriate plan; or
5-21                 (2)  notify the individual proposing the application of
5-22     the herbicide that the proposed application is not inconsistent
5-23     with the appropriate plan if the governing entity finds that the
5-24     proposed application is not inconsistent with the plan.
5-25           Sec. 11.085.  LIABILITY.  (a)  The liability under other law
5-26     of a governing entity that receives notice of a proposed
5-27     application of aquatic herbicide is not affected by the
 6-1     requirements of this subchapter.
 6-2           (b)  Notice by a governing entity to an individual under
 6-3     Section 11.084(f)(2) does not constitute authorization by that
 6-4     entity for the application of the herbicide.
 6-5           (c)  This subchapter does not relieve an individual who
 6-6     applies aquatic herbicide to a public body of surface water of the
 6-7     obligation to comply with all applicable federal, state, or local
 6-8     laws, rules, ordinances, or orders relating to the application of
 6-9     the herbicide in the body of water.
6-10           Sec. 11.086.  RECORDS.  A governing entity shall maintain for
6-11     not less than five years all records relating to notifications
6-12     received under Section 11.084 and any other information relevant to
6-13     a particular individual request for shoreline treatment.
6-14           SECTION 2.  Chapter 15, Water Code, is amended by adding
6-15     Subchapter N to read as follows:
6-16              SUBCHAPTER N.  AQUATIC VEGETATION MANAGEMENT FUND
6-17           Sec. 15.851.  DEFINITIONS.  In this subchapter:
6-18                 (1)  "Approved local plan" means a local plan
6-19     authorized by Section 11.083, Parks and Wildlife Code, that has
6-20     been approved by the Parks and Wildlife Commission, the Texas
6-21     Natural Resource Conservation Commission, and the Department of
6-22     Agriculture as required by Section 11.083, Parks and Wildlife Code.
6-23                 (2)  Notwithstanding Section 15.001, "fund" means the
6-24     aquatic vegetation management fund established under this
6-25     subchapter.
6-26                 (3)  Notwithstanding Section 15.001, "political
6-27     subdivision" means a municipality, a county, a water district, or a
 7-1     state agency.
 7-2                 (4)  "Water district" means a conservation and
 7-3     reclamation district or an authority created under authority of
 7-4     Section 52(b)(1) or (2), Article III, or Section 59, Article XVI,
 7-5     Texas Constitution, that has jurisdiction over a public body of
 7-6     surface water.  The term does not include a navigation district or
 7-7     a port authority.
 7-8           Sec. 15.852.  CREATION OF FUND.  (a)  The aquatic vegetation
 7-9     management fund is a special account in the water assistance fund.
7-10           (b)  The fund consists of:
7-11                 (1)  money appropriated to the board for the program
7-12     established under this subchapter and Subchapter G, Chapter 11,
7-13     Parks and Wildlife Code;
7-14                 (2)  money transferred by the board from other accounts
7-15     in the water assistance fund under Section 15.011(b); and
7-16                 (3)  interest earned on the investment of money in the
7-17     fund.
7-18           Sec. 15.853.  USE OF FUND.  (a)  Money in the fund may be
7-19     used only for the following purposes, in the following order of
7-20     priority:
7-21                 (1)  grants to the Parks and Wildlife Department:
7-22                       (A)  to develop a state aquatic vegetation
7-23     management plan in coordination with the Texas Natural Resource
7-24     Conservation Commission, the Department of Agriculture, water
7-25     districts and other political subdivisions with jurisdiction over
7-26     public bodies of surface water, and public drinking water
7-27     providers, as required by Section 11.082, Parks and Wildlife Code;
 8-1     or
 8-2                       (B)  for research, outreach, and educational
 8-3     activities that relate to vegetation control;
 8-4                 (2)  grants to political subdivisions to develop local
 8-5     aquatic vegetation management plans that conform to the state
 8-6     aquatic vegetation management plan, as authorized by Section
 8-7     11.083, Parks and Wildlife Code; and
 8-8                 (3)  grants to political subdivisions to manage aquatic
 8-9     vegetation infestations under the state plan or the approved local
8-10     plan adopted by the political subdivision.
8-11           (b)  The amount of funding for the purposes authorized by
8-12     Subsection (a) may not exceed amounts equal to the following
8-13     percentages of any biennial appropriation to the board for use
8-14     under this subchapter:
8-15                 (1)  30 percent, for purposes authorized by Subsection
8-16     (a)(1); and
8-17                 (2)  70 percent, for purposes authorized by Subsections
8-18     (a)(2) and (3), of which not more than 35 percent may be used for
8-19     purposes authorized by Subsection (a)(3) using chemical treatments.
8-20           Sec. 15.854.  RULES.  The board shall adopt rules necessary
8-21     to administer this subchapter, including rules establishing
8-22     procedures for application for and award of grants, distribution of
8-23     grants, and administration of grants and the grant program
8-24     established under this subchapter.
8-25           SECTION 3.  Section 15.002(a), Water Code, is amended to read
8-26     as follows:
8-27           (a)  The legislature finds that it is in the public interest
 9-1     and to the benefit of the general public of the state to encourage
 9-2     and to assist in the planning and construction of projects to
 9-3     develop and conserve the storm water and floodwater as well as the
 9-4     ordinary flows of the rivers and streams of the state, to maintain
 9-5     and enhance the quality of the water of the state, to provide
 9-6     protection to the state's citizens from the floodwater of the
 9-7     rivers and streams of the state, to provide drainage, subsidence
 9-8     control, public beach nourishment, recharge, chloride control, and
 9-9     desalinization, to provide for the management of aquatic
9-10     vegetation, and other purposes as provided by law or board rule.
9-11           SECTION 4.  Section 15.011(b), Water Code, is amended to read
9-12     as follows:
9-13           (b)  After notice and hearing and subject to any limitations
9-14     established by the General Appropriations Act, the board may
9-15     transfer money from the fund to the loan fund created under
9-16     Subchapter C of this chapter, the storage acquisition fund created
9-17     under Subchapter E of this chapter, the research and planning fund
9-18     created under Subchapter F of this chapter, [and] the hydrographic
9-19     survey account created under Subchapter M of this chapter, provided
9-20     the hydrographic survey account transfer does not exceed $425,000,
9-21     and the aquatic vegetation management fund created under Subchapter
9-22     N of this chapter.
9-23           SECTION 5.  Section 15.012(c), Water Code, is amended to read
9-24     as follows:
9-25           (c)  Money appropriated to the fund by the legislature for a
9-26     specific purpose stated in Subchapter C, E, F, [or] M, or N of this
9-27     chapter  shall be placed in the appropriate fund created by that
 10-1    subchapter.
 10-2          SECTION 6.  (a)  Except as provided by Subsections (b) and
 10-3    (c) of this section, this Act takes effect September 1, 1999.
 10-4          (b)  The Parks and Wildlife Commission is required to
 10-5    implement this Act only if the legislature appropriates money
 10-6    specifically for that purpose.  If the legislature does not
 10-7    appropriate money specifically for that purpose, the commission
 10-8    may, but is not required to, implement this Act.
 10-9          (c)  Sections 11.083, 11.084, 11.085, and 11.086, Parks and
10-10    Wildlife Code, as added by this Act, take effect on the date on
10-11    which the Texas Parks and  Wildlife Commission publishes notice in
10-12    the Texas Register of the final adoption of a state aquatic
10-13    vegetation management plan under Section 11.082, Parks and Wildlife
10-14    Code, as added by this Act.
10-15          SECTION 7.  The importance of this legislation and the
10-16    crowded condition of the calendars in both houses create an
10-17    emergency and an imperative public necessity that the
10-18    constitutional rule requiring bills to be read on three several
10-19    days in each house be suspended, and this rule is hereby suspended.
    
     

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