| 1 | 1 | | By: Estes S.B. No. 1432 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the regulation of sport lagoons and granting rulemaking |
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| 7 | 7 | | authority. |
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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. Title 2, Subtitle D, Water Code, is amended by |
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| 10 | 10 | | adding Chapter 33 to read as follows: |
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| 11 | 11 | | Chapter 33. SPORT LAGOONS |
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| 12 | 12 | | Subchapter A. GENERAL PROVISIONS |
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| 13 | 13 | | Sec. 33.001. DEFINITIONS In this Chapter: |
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| 14 | 14 | | (1) "Sport Lagoon" means any artificial, permanently |
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| 15 | 15 | | installed or non-portable structure, basin, chamber, or tank |
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| 16 | 16 | | containing a minimum of 4.5 million gallons of non-potable water |
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| 17 | 17 | | used for swimming, diving, aquatic sports, or other aquatic |
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| 18 | 18 | | activities. For purposes of this Chapter, a "sport lagoon" is not a |
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| 19 | 19 | | "public swimming pool" as defined in Chapter 341, Health & Safety |
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| 20 | 20 | | Code, nor is it subject to Chapter 341, Health & Safety Code. |
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| 21 | 21 | | (2) "Commission" means the Texas Commission on |
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| 22 | 22 | | Environmental Quality. |
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| 23 | 23 | | SECTION 2. Subchapter B, Chapter 33, Water Code is added to |
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| 24 | 24 | | read as follows: |
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| 25 | 25 | | SUBCHAPTER B. PERMITS |
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| 26 | 26 | | Sec. 33.011. APPLICATION FOR PERMIT. Any person may apply |
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| 27 | 27 | | to the Commission for a permit to construct and operate a sport |
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| 28 | 28 | | lagoon. |
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| 29 | 29 | | Sec. 33.012. APPLICATION FORM. The Commission shall |
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| 30 | 30 | | prescribe a form on which an application for a permit may be made |
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| 31 | 31 | | and shall make the form available online and upon request. |
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| 32 | 32 | | Sec. 33.013. CONTENTS OF APPLICATION. The application for |
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| 33 | 33 | | a permit shall: |
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| 34 | 34 | | (1) state the applicant's name, business address, and |
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| 35 | 35 | | permanent mailing address; |
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| 36 | 36 | | (2) include all pertinent engineering and design reports |
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| 37 | 37 | | that will be used to construct the sport lagoon, water storage |
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| 38 | 38 | | facility, and disinfection system; |
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| 39 | 39 | | (3) include all pertinent information to demonstrate that |
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| 40 | 40 | | the disinfection system meets or exceeds best practices used in the |
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| 41 | 41 | | water recreation industry for sport lagoons as established by |
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| 42 | 42 | | organizations like the Centers for Disease Control and Prevention, |
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| 43 | 43 | | the International Association of Amusement Parks and Attractions, |
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| 44 | 44 | | the World Health Organization, or others; and |
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| 45 | 45 | | (4) include other relevant information required by the |
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| 46 | 46 | | Commission necessary for the review of the application. |
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| 47 | 47 | | Sec. 33.014. APPLICATION FEE. With each application for |
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| 48 | 48 | | issuance, renewal, or material amendment of a permit, the applicant |
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| 49 | 49 | | shall submit a fee established by the Commission. A fee established |
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| 50 | 50 | | by the commission shall not exceed an amount necessary for the |
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| 51 | 51 | | operation of the permitting program under this section. |
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| 52 | 52 | | Sec. 33.015. REJECTING AN APPLICATION. If an application |
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| 53 | 53 | | for a permit does not comply with Section 33.013 of this code or |
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| 54 | 54 | | with reasonable rules of the Commission, the Commission may reject |
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| 55 | 55 | | the application. |
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| 56 | 56 | | Sec. 33.016. SUSPENSION; REFUSAL TO RENEW. The Commission |
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| 57 | 57 | | may suspend or refuse to renew a permit for a period not to exceed |
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| 58 | 58 | | one year if the permittee: |
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| 59 | 59 | | (1) violates the provisions of this chapter; |
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| 60 | 60 | | (2) violates reasonable rules promulgated under this |
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| 61 | 61 | | chapter; or |
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| 62 | 62 | | (3) does not maintain a disinfection system that meets or |
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| 63 | 63 | | exceeds best practices in the water recreation industry as defined |
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| 64 | 64 | | in this chapter. |
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| 65 | 65 | | Sec. 33.017. APPEAL. Any person whose permit application |
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| 66 | 66 | | is rejected, suspended, or whose application for permit renewal is |
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| 67 | 67 | | rejected by the Commission may file a petition in an action to set |
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| 68 | 68 | | aside the Commission's act within the 30-day period immediately |
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| 69 | 69 | | following the day the applicant receives notice of the Commission's |
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| 70 | 70 | | action. |
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| 71 | 71 | | Sec. 33.018. SUIT TO COMPEL COMMISSION TO ACT. If the |
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| 72 | 72 | | Commission does not approve or reject the application within 90 |
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| 73 | 73 | | days of submission, the applicant may file an action to compel the |
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| 74 | 74 | | Commission to show cause why it should not be directed by the court |
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| 75 | 75 | | to take immediate action. |
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| 76 | 76 | | Sec. 33.019. VENUE. The venue in actions under this Chapter |
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| 77 | 77 | | is fixed exclusively in the district courts of Travis County. |
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| 78 | 78 | | SECTION 3. This Act takes effect September 1, 2017. |
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