Texas 2023 - 88th Regular

Texas House Bill HB1688 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1688
2	2
3	3
4	4	AN ACT
5	5	relating to water quality protection areas.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 26.551, Water Code, is amended by adding
8	8	Subdivision (1-a) to read as follows:
9	9	(1-a) "Coke Stevenson Scenic Riverway" means the South
10	10	Llano River in Kimble County, located upstream of the river's
11	11	confluence with the North Llano River at the city of Junction.
12	12	SECTION 2. Section 26.552(b), Water Code, is amended to
13	13	read as follows:
14	14	(b) For the period of September 1, 2005, to September 1,
15	15	2027 [2025], the commission shall apply this subchapter only as a
16	16	pilot program in:
17	17	(1) the John Graves Scenic Riverway; and
18	18	(2) the Coke Stevenson Scenic Riverway.
19	19	SECTION 3. Section 26.555, Water Code, is amended to read as
20	20	follows:
21	21	Sec. 26.555. INSPECTIONS OF AND SAMPLING OF WATER IN PILOT
22	22	PROGRAM AREAS [JOHN GRAVES SCENIC RIVERWAY]. (a) To detect
23	23	potential violations of this subchapter in the John Graves Scenic
24	24	Riverway and the Coke Stevenson Scenic Riverway, the commission,
25	25	the Brazos River Authority or the Lower Colorado River Authority,
26	26	as appropriate, and the Parks and Wildlife Department shall
27	27	coordinate efforts to conduct each calendar year:
28	28	(1) visual inspections of the riverways [riverway];
29	29	and
30	30	(2) testing of water samples drawn from the Brazos
31	31	River, the South Llano River, and their respective [its]
32	32	tributaries [in the riverway].
33	33	(b) The visual inspections and the drawing of water samples
34	34	must be conducted at least once in a winter month and at least once
35	35	in a summer month. The visual inspections must be conducted both
36	36	from the surfaces [surface] of the John Graves Scenic Riverway and
37	37	the Coke Stevenson Scenic Riverway and from an aircraft flying over
38	38	the riverways [riverway].
39	39	SECTION 4. Section 26.559, Water Code, is reenacted to read
40	40	as follows:
41	41	Sec. 26.559. RECLAMATION AND RESTORATION FUND ACCOUNT. (a)
42	42	Penalties and other money received by the commission as a result of
43	43	an enforcement action taken under this subchapter, and any gift or
44	44	grant the commission receives for the purposes of this subchapter,
45	45	shall be deposited into the reclamation and restoration fund
46	46	account in the general revenue fund. Money in the account may be
47	47	appropriated only to the commission for the reclamation and
48	48	restoration of the beds, bottoms, and banks of water bodies
49	49	affected by the unlawful discharges subject to this subchapter.
50	50	(b) At least 60 days before spending money from the
51	51	reclamation and restoration fund account, the commission shall
52	52	publish notice of its proposed plan and conduct a hearing for the
53	53	purpose of soliciting public comment, oral or written. The
54	54	commission shall fully consider all written and oral submissions on
55	55	the proposed plan.
56	56	(c) At least 30 days before the date of the public hearing,
57	57	the notice must be published in the Texas Register and in a
58	58	newspaper of general circulation in the county where the violation
59	59	resulting in the payment of the penalties or other money occurred.
60	60	(d) Interest and other income earned on money in the account
61	61	shall be credited to the account. The account is exempt from the
62	62	application of Section 403.095, Government Code.
63	63	SECTION 5. Section 26.562, Water Code, is amended to read as
64	64	follows:
65	65	Sec. 26.562. EXPIRATION. This subchapter expires
66	66	September 1, 2027 [2025].
67	67	SECTION 6. This Act takes effect September 1, 2023.
68	68	______________________________ ______________________________
69	69	President of the Senate Speaker of the House
70	70	I certify that H.B. No. 1688 was passed by the House on May 2,
71	71	2023, by the following vote: Yeas 126, Nays 19, 2 present, not
72	72	voting.
73	73	______________________________
74	74	Chief Clerk of the House
75	75	I certify that H.B. No. 1688 was passed by the Senate on May
76	76	23, 2023, by the following vote: Yeas 28, Nays 3.
77	77	______________________________
78	78	Secretary of the Senate
79	79	APPROVED: _____________________
80	80	Date
81	81	_____________________
82	82	Governor