81R5076 JAM-F
By: Averitt S.B. No. 876
A BILL TO BE ENTITLED
AN ACT
relating to the performance of annual soil tests for certain
concentrated animal feeding operations by the Texas Commission on
Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 26.504(a) and (b), Water Code, are
amended to read as follows:
(a) The commission shall [operator of a concentrated animal
feeding operation shall contract with a person described by Section
26.503(b)(2)(E)(ii) selected by the executive director to] collect
one or more representative composite soil samples from each waste
application field associated with a permitted concentrated animal
feeding operation. The commission [operator] shall perform the
[have] sampling [performed] under this subsection not less often
than once every 12 months. Sampling results obtained by the
commission shall be used by the permitted concentrated animal
feeding operator to satisfy any annual sampling of waste
application fields required by commission rule or individual
permit.
(b) Each sample collected under this section must be tested
for phosphorus and any other nutrient designated by the commission
[executive director]. [The test results must be made available to
the executive director and the operator of the concentrated animal
feeding operation. The test results are public records of the
commission.]
SECTION 2. Section 26.504(f), Water Code, is repealed.
SECTION 3. This Act takes effect September 1, 2009.