By: Estes S.B. No. 1432
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of sport lagoons and granting rulemaking
authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Subtitle D, Water Code, is amended by
adding Chapter 33 to read as follows:
Chapter 33. SPORT LAGOONS
Subchapter A. GENERAL PROVISIONS
Sec. 33.001. DEFINITIONS In this Chapter:
(1) "Sport Lagoon" means any artificial, permanently
installed or non-portable structure, basin, chamber, or tank
containing a minimum of 4.5 million gallons of non-potable water
used for swimming, diving, aquatic sports, or other aquatic
activities. For purposes of this Chapter, a "sport lagoon" is not a
"public swimming pool" as defined in Chapter 341, Health & Safety
Code, nor is it subject to Chapter 341, Health & Safety Code.
(2) "Commission" means the Texas Commission on
Environmental Quality.
SECTION 2. Subchapter B, Chapter 33, Water Code is added to
read as follows:
SUBCHAPTER B. PERMITS
Sec. 33.011. APPLICATION FOR PERMIT. Any person may apply
to the Commission for a permit to construct and operate a sport
lagoon.
Sec. 33.012. APPLICATION FORM. The Commission shall
prescribe a form on which an application for a permit may be made
and shall make the form available online and upon request.
Sec. 33.013. CONTENTS OF APPLICATION. The application for
a permit shall:
(1) state the applicant's name, business address, and
permanent mailing address;
(2) include all pertinent engineering and design reports
that will be used to construct the sport lagoon, water storage
facility, and disinfection system;
(3) include all pertinent information to demonstrate that
the disinfection system meets or exceeds best practices used in the
water recreation industry for sport lagoons as established by
organizations like the Centers for Disease Control and Prevention,
the International Association of Amusement Parks and Attractions,
the World Health Organization, or others; and
(4) include other relevant information required by the
Commission necessary for the review of the application.
Sec. 33.014. APPLICATION FEE. With each application for
issuance, renewal, or material amendment of a permit, the applicant
shall submit a fee established by the Commission. A fee established
by the commission shall not exceed an amount necessary for the
operation of the permitting program under this section.
Sec. 33.015. REJECTING AN APPLICATION. If an application
for a permit does not comply with Section 33.013 of this code or
with reasonable rules of the Commission, the Commission may reject
the application.
Sec. 33.016. SUSPENSION; REFUSAL TO RENEW. The Commission
may suspend or refuse to renew a permit for a period not to exceed
one year if the permittee:
(1) violates the provisions of this chapter;
(2) violates reasonable rules promulgated under this
chapter; or
(3) does not maintain a disinfection system that meets or
exceeds best practices in the water recreation industry as defined
in this chapter.
Sec. 33.017. APPEAL. Any person whose permit application
is rejected, suspended, or whose application for permit renewal is
rejected by the Commission may file a petition in an action to set
aside the Commission's act within the 30-day period immediately
following the day the applicant receives notice of the Commission's
action.
Sec. 33.018. SUIT TO COMPEL COMMISSION TO ACT. If the
Commission does not approve or reject the application within 90
days of submission, the applicant may file an action to compel the
Commission to show cause why it should not be directed by the court
to take immediate action.
Sec. 33.019. VENUE. The venue in actions under this Chapter
is fixed exclusively in the district courts of Travis County.
SECTION 3. This Act takes effect September 1, 2017.