88R1465 JTZ-D
 
  By: Murr H.B. No. 1688
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to water quality protection areas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 26.551, Water Code, is amended by adding
  Subdivision (1-a) to read as follows:
               (1-a)  "Coke Stevenson Scenic Riverway" means the North
  Llano River and South Llano River in Kimble County, located
  upstream of the rivers' confluence at the city of Junction.
         SECTION 2.  Section 26.552(b), Water Code, is amended to
  read as follows:
         (b)  For the period of September 1, 2005, to September 1,
  2025, the commission shall apply this subchapter only as a pilot
  program in:
               (1)  the John Graves Scenic Riverway; and
               (2)  the Coke Stevenson Scenic Riverway.
         SECTION 3.  Section 26.555, Water Code, is amended to read as
  follows:
         Sec. 26.555.  INSPECTIONS OF AND SAMPLING OF WATER IN PILOT
  PROGRAM AREAS [JOHN GRAVES SCENIC RIVERWAY]. (a)  To detect
  potential violations of this subchapter in the John Graves Scenic
  Riverway and the Coke Stevenson Scenic Riverway, the commission,
  the Brazos River Authority or the Lower Colorado River Authority,
  as appropriate, and the Parks and Wildlife Department shall
  coordinate efforts to conduct each calendar year:
               (1)  visual inspections of the riverways [riverway];
  and
               (2)  testing of water samples drawn from the Brazos
  River, the Coke Stevenson Scenic Riverway, and their respective
  [its] tributaries [in the riverway].
         (b)  The visual inspections and the drawing of water samples
  must be conducted at least once in a winter month and at least once
  in a summer month. The visual inspections must be conducted both
  from the surfaces [surface] of the John Graves Scenic Riverway and
  the Coke Stevenson Scenic Riverway and from an aircraft flying over
  the riverways [riverway].
         SECTION 4.  Section 26.559, Water Code, is reenacted to read
  as follows:
         Sec. 26.559.  RECLAMATION AND RESTORATION FUND ACCOUNT. (a)
  Penalties and other money received by the commission as a result of
  an enforcement action taken under this subchapter, and any gift or
  grant the commission receives for the purposes of this subchapter,
  shall be deposited into the reclamation and restoration fund
  account in the general revenue fund. Money in the account may be
  appropriated only to the commission for the reclamation and
  restoration of the beds, bottoms, and banks of water bodies
  affected by the unlawful discharges subject to this subchapter.
         (b)  At least 60 days before spending money from the
  reclamation and restoration fund account, the commission shall
  publish notice of its proposed plan and conduct a hearing for the
  purpose of soliciting public comment, oral or written. The
  commission shall fully consider all written and oral submissions on
  the proposed plan.
         (c)  At least 30 days before the date of the public hearing,
  the notice must be published in the Texas Register and in a
  newspaper of general circulation in the county where the violation
  resulting in the payment of the penalties or other money occurred.
         (d)  Interest and other income earned on money in the account
  shall be credited to the account. The account is exempt from the
  application of Section 403.095, Government Code.
         SECTION 5.  This Act takes effect September 1, 2023.