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. Subsections (a) and (b), Section 26.504, 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
permitted waste application field associated with a 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 permitted 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 commission may have the sampling
required by this section performed under contract. The sampling
must be performed by a person described by Section
26.503(b)(2)(E)(ii). 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. Subsection (f), Section 26.504, Water Code, is
repealed.
SECTION 3. This Act takes effect June 1, 2010.