S.B. No. 1707




AN ACT

relating to the regulation of poultry facilities.                             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (a), Section 26.0286, Water Code, is 
amended by adding Subdivision (3) to read as follows:
		(3)  "Liquid waste handling system" means a system in 
which fresh water or wastewater is used for transporting and land 
applying waste.
	SECTION 2.  Section 26.0286, Water Code, is amended by 
adding Subsection (d) to read as follows:
	(d)  This section does not apply to a poultry operation that 
does not use a liquid waste handling system.
	SECTION 3.  Section 26.301, Water Code, is amended by adding 
Subdivision (5) to read as follows:
		(5)  "Liquid waste handling system" has the meaning 
assigned by Section 26.0286.
	SECTION 4.  Section 26.302, Water Code, is amended by adding 
Subsections (b-1) and (d) to read as follows:
	(b-1)  The State Soil and Water Conservation Board may 
certify a water quality management plan for a poultry facility 
that:
		(1)  does not use a liquid waste handling system; and                  
		(2)  is required to obtain a permit or other 
authorization from the commission.
	(d)  This section does not affect the authority of the 
commission to investigate or take enforcement action against an 
unauthorized discharge under Section 26.121.
	SECTION 5.  Subsection (e), Section 201.026, Agriculture 
Code, as added by Section 1, Chapter 1189, Acts of the 77th 
Legislature, Regular Session, 2001, is amended to read as follows:
	(e)  At the request of the landowner, the state board may 
develop and certify a water quality management plan for any 
agricultural or silvicultural land in the state.  Section 
26.302(b-1), Water Code, applies to a water quality management plan 
developed or certified for use by a poultry facility under this 
section.
	SECTION 6.  This Act takes effect September 1, 2005.                           

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 1707 passed the Senate on 
April 21, 2005, by the following vote:  Yeas 31, Nays 0; and that 
the Senate concurred in House amendment on May 27, 2005, by the 
following vote:  Yeas 29, Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 1707 passed the House, with 
amendment, on May 25, 2005, by a non-record vote.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor