S.B. No. 1711
AN ACT
relating to the use of reservoirs for sediment control or to satisfy
certain environmental and safety requirements at surface mining
operations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (d), Section 11.142, 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] as
part of a surface coal mining operation under Chapter 134, Natural
Resources Code, if the water in the reservoir is used solely for:
(1) sediment control; or
(2) compliance with applicable laws, rules, or
regulations relating to fire or dust suppression [the Texas Surface
Coal Mining and Reclamation Act (Article 5920-11, Vernon's Texas
Civil Statutes)].
SECTION 2. The Texas Commission on Environmental Quality
shall adopt rules to implement Subsection (d), Section 11.142,
Water Code, as amended by this Act, not later than January 1, 2010.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1711 passed the Senate on
April 8, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1711 passed the House on
May 6, 2009, by the following vote: Yeas 146, Nays 0, two present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor