By: Frost H.B. No. 3805
A BILL TO BE ENTITLED
AN ACT
relating to the use of sediment control ponds to satisfy
environmental and safety regulations at surface mining operations
in the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.142(d), Water Code, is amended as
follows:
(d) Without obtaining a permit, a person may construct or
maintain a reservoir for the sole purpose of sediment control and
divert and use the water to satisfy environmental and safety
regulations for fire or dust suppression, applicable to [as part
of] a surface coal mining operation under the Texas Surface Coal
Mining and Reclamation Act (Article 5920-11, Vernon's Texas Civil
Statutes).
SECTION 2. Not later than January 1, 2010, the Texas
Commission on Environmental Quality shall adopt rules as necessary
to implement Section 11.142(d), Water Code, as amended by this Act.
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.