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A BILL TO BE ENTITLED
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AN ACT
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relating to water quality protection areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.551, Water Code, is amended by adding |
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Subdivision (1-a) to read as follows: |
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(1-a) "Coke Stevenson Scenic Riverway" means the North |
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Llano River and South Llano River in Kimble County, located |
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upstream of the rivers' confluence at the city of Junction. |
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SECTION 2. Section 26.552(b), Water Code, is amended to |
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read as follows: |
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(b) For the period of September 1, 2005, to September 1, |
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2025, the commission shall apply this subchapter only as a pilot |
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program in: |
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(1) the John Graves Scenic Riverway; and |
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(2) the Coke Stevenson Scenic Riverway. |
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SECTION 3. Section 26.555, Water Code, is amended to read as |
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follows: |
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Sec. 26.555. INSPECTIONS OF AND SAMPLING OF WATER IN PILOT |
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PROGRAM AREAS [JOHN GRAVES SCENIC RIVERWAY]. (a) To detect |
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potential violations of this subchapter in the John Graves Scenic |
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Riverway and the Coke Stevenson Scenic Riverway, the commission, |
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the Brazos River Authority or the Lower Colorado River Authority, |
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as appropriate, and the Parks and Wildlife Department shall |
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coordinate efforts to conduct each calendar year: |
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(1) visual inspections of the riverways [riverway]; |
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and |
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(2) testing of water samples drawn from the Brazos |
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River, the Coke Stevenson Scenic Riverway, and their respective |
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[its] tributaries [in the riverway]. |
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(b) The visual inspections and the drawing of water samples |
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must be conducted at least once in a winter month and at least once |
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in a summer month. The visual inspections must be conducted both |
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from the surfaces [surface] of the John Graves Scenic Riverway and |
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the Coke Stevenson Scenic Riverway and from an aircraft flying over |
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the riverways [riverway]. |
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SECTION 4. Section 26.559, Water Code, is reenacted to read |
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as follows: |
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Sec. 26.559. RECLAMATION AND RESTORATION FUND ACCOUNT. (a) |
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Penalties and other money received by the commission as a result of |
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an enforcement action taken under this subchapter, and any gift or |
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grant the commission receives for the purposes of this subchapter, |
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shall be deposited into the reclamation and restoration fund |
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account in the general revenue fund. Money in the account may be |
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appropriated only to the commission for the reclamation and |
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restoration of the beds, bottoms, and banks of water bodies |
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affected by the unlawful discharges subject to this subchapter. |
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(b) At least 60 days before spending money from the |
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reclamation and restoration fund account, the commission shall |
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publish notice of its proposed plan and conduct a hearing for the |
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purpose of soliciting public comment, oral or written. The |
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commission shall fully consider all written and oral submissions on |
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the proposed plan. |
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(c) At least 30 days before the date of the public hearing, |
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the notice must be published in the Texas Register and in a |
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newspaper of general circulation in the county where the violation |
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resulting in the payment of the penalties or other money occurred. |
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(d) Interest and other income earned on money in the account |
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shall be credited to the account. The account is exempt from the |
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application of Section 403.095, Government Code. |
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SECTION 5. This Act takes effect September 1, 2023. |