| 1 | 1 | | 81R20763 TRH-D |
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| 2 | 2 | | By: Frost H.B. No. 3805 |
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| 3 | 3 | | Substitute the following for H.B. No. 3805: |
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| 4 | 4 | | By: Frost C.S.H.B. No. 3805 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the use of sediment control ponds to satisfy certain |
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| 10 | 10 | | environmental and safety requirements at surface coal mining |
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| 11 | 11 | | operations. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 11.142(d), Water Code, is amended to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (d) Without obtaining a permit, a person may construct or |
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| 16 | 16 | | maintain a reservoir for the sole purpose of sediment control and |
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| 17 | 17 | | divert and use the water to satisfy environmental and safety |
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| 18 | 18 | | regulations for fire or dust suppression applicable to [as part of] |
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| 19 | 19 | | a surface coal mining operation under Chapter 134, Natural |
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| 20 | 20 | | Resources Code [the Texas Surface Coal Mining and Reclamation Act |
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| 21 | 21 | | (Article 5920-11, Vernon's Texas Civil Statutes)]. |
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| 22 | 22 | | SECTION 2. Not later than January 1, 2010, the Texas |
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| 23 | 23 | | Commission on Environmental Quality shall adopt rules to implement |
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| 24 | 24 | | Section 11.142(d), Water Code, as amended by this Act. |
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| 25 | 25 | | SECTION 3. This Act takes effect immediately if it receives |
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| 26 | 26 | | a vote of two-thirds of all the members elected to each house, as |
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| 27 | 27 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 28 | 28 | | Act does not receive the vote necessary for immediate effect, this |
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| 29 | 29 | | Act takes effect September 1, 2009. |
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