81R20763 TRH-D
By: Frost H.B. No. 3805
Substitute the following for H.B. No. 3805:
By: Frost C.S.H.B. No. 3805
A BILL TO BE ENTITLED
AN ACT
relating to the use of sediment control ponds to satisfy certain
environmental and safety requirements at surface coal mining
operations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.142(d), Water Code, is amended to
read 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 Chapter 134, Natural
Resources Code [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 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.