Texas 2021 - 87th Regular

Texas House Bill HB2426 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R412 MP-D
2	2	By: Murr H.B. No. 2426
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to water quality protection areas.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 26.551, Water Code, is amended by adding
10	10	Subdivision (1-a) to read as follows:
11	11	(1-a) "Coke Stevenson Scenic Riverway" means the North
12	12	Llano River and South Llano River in Kimble County, located
13	13	upstream of the rivers' confluence at the city of Junction.
14	14	SECTION 2. Section 26.552(b), Water Code, is amended to
15	15	read as follows:
16	16	(b) For the period of September 1, 2005, to September 1,
17	17	2025, the commission shall apply this subchapter only as a pilot
18	18	program in:
19	19	(1) the John Graves Scenic Riverway; and
20	20	(2) the Coke Stevenson Scenic Riverway.
21	21	SECTION 3. Section 26.555, Water Code, is amended to read as
22	22	follows:
23	23	Sec. 26.555. INSPECTIONS OF AND SAMPLING OF WATER IN PILOT
24	24	PROGRAM AREAS [JOHN GRAVES SCENIC RIVERWAY]. (a) To detect
25	25	potential violations of this subchapter in the John Graves Scenic
26	26	Riverway and the Coke Stevenson Scenic Riverway, the commission,
27	27	the Brazos River Authority or the Lower Colorado River Authority,
28	28	as appropriate, and the Parks and Wildlife Department shall
29	29	coordinate efforts to conduct each calendar year:
30	30	(1) visual inspections of the riverways [riverway];
31	31	and
32	32	(2) testing of water samples drawn from the Brazos
33	33	River and the Coke Stevenson Scenic Riverway and the [its]
34	34	tributaries in those riverways [in the riverway].
35	35	(b) The visual inspections and the drawing of water samples
36	36	must be conducted at least once in a winter month and at least once
37	37	in a summer month. The visual inspections must be conducted both
38	38	from the surfaces [surface] of the John Graves Scenic Riverway and
39	39	the Coke Stevenson Scenic Riverway and from an aircraft flying over
40	40	the riverways [riverway].
41	41	SECTION 4. Section 26.559, Water Code, is reenacted to read
42	42	as follows:
43	43	Sec. 26.559. RECLAMATION AND RESTORATION FUND ACCOUNT. (a)
44	44	Penalties and other money received by the commission as a result of
45	45	an enforcement action taken under this subchapter, and any gift or
46	46	grant the commission receives for the purposes of this subchapter,
47	47	shall be deposited into the reclamation and restoration fund
48	48	account in the general revenue fund. Money in the account may be
49	49	appropriated only to the commission for the reclamation and
50	50	restoration of the beds, bottoms, and banks of water bodies
51	51	affected by the unlawful discharges subject to this subchapter.
52	52	(b) At least 60 days before spending money from the
53	53	reclamation and restoration fund account, the commission shall
54	54	publish notice of its proposed plan and conduct a hearing for the
55	55	purpose of soliciting public comment, oral or written. The
56	56	commission shall fully consider all written and oral submissions on
57	57	the proposed plan.
58	58	(c) At least 30 days before the date of the public hearing,
59	59	the notice must be published in the Texas Register and in a
60	60	newspaper of general circulation in the county where the violation
61	61	resulting in the payment of the penalties or other money occurred.
62	62	(d) Interest and other income earned on money in the account
63	63	shall be credited to the account. The account is exempt from the
64	64	application of Section 403.095, Government Code.
65	65	SECTION 5. This Act takes effect September 1, 2021.