| 1 | 1 | | S.B. No. 876 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the performance of annual soil tests for certain |
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| 6 | 6 | | concentrated animal feeding operations by the Texas Commission on |
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| 7 | 7 | | Environmental Quality. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subsections (a) and (b), Section 26.504, Water |
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| 10 | 10 | | Code, are amended to read as follows: |
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| 11 | 11 | | (a) The commission shall [operator of a concentrated animal |
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| 12 | 12 | | feeding operation shall contract with a person described by Section |
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| 13 | 13 | | 26.503(b)(2)(E)(ii) selected by the executive director to] collect |
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| 14 | 14 | | one or more representative composite soil samples from each |
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| 15 | 15 | | permitted waste application field associated with a concentrated |
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| 16 | 16 | | animal feeding operation. The commission [operator] shall perform |
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| 17 | 17 | | the [have] sampling [performed] under this subsection not less |
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| 18 | 18 | | often than once every 12 months. Sampling results obtained by the |
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| 19 | 19 | | commission shall be used by the permitted concentrated animal |
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| 20 | 20 | | feeding operator to satisfy any annual sampling of permitted waste |
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| 21 | 21 | | application fields required by commission rule or individual |
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| 22 | 22 | | permit. |
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| 23 | 23 | | (b) Each sample collected under this section must be tested |
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| 24 | 24 | | for phosphorus and any other nutrient designated by the commission |
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| 25 | 25 | | [executive director]. The commission may have the sampling |
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| 26 | 26 | | required by this section performed under contract. The sampling |
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| 27 | 27 | | must be performed by a person described by Section |
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| 28 | 28 | | 26.503(b)(2)(E)(ii). The test results must be made available to |
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| 29 | 29 | | the [executive director and the] operator of the concentrated |
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| 30 | 30 | | animal feeding operation. The test results are public records of |
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| 31 | 31 | | the commission. |
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| 32 | 32 | | SECTION 2. Subsection (f), Section 26.504, Water Code, is |
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| 33 | 33 | | repealed. |
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| 34 | 34 | | SECTION 3. This Act takes effect June 1, 2010. |
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| 35 | 35 | | ______________________________ ______________________________ |
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| 36 | 36 | | President of the Senate Speaker of the House |
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| 37 | 37 | | I hereby certify that S.B. No. 876 passed the Senate on |
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| 38 | 38 | | April 16, 2009, by the following vote: Yeas 31, Nays 0. |
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| 39 | 39 | | ______________________________ |
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| 40 | 40 | | Secretary of the Senate |
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| 41 | 41 | | I hereby certify that S.B. No. 876 passed the House on |
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| 42 | 42 | | May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
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| 43 | 43 | | present not voting. |
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| 44 | 44 | | ______________________________ |
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| 45 | 45 | | Chief Clerk of the House |
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| 46 | 46 | | Approved: |
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| 47 | 47 | | ______________________________ |
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| 48 | 48 | | Date |
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| 49 | 49 | | ______________________________ |
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| 50 | 50 | | Governor |
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