By:  Linebarger                                       H.B. No. 2124
       73R3311 MI-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the protection of the San Marcos River; providing civil
    1-3  and criminal penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 3, Parks and Wildlife Code, is amended by
    1-6  adding Chapter 27 to read as follows:
    1-7            CHAPTER 27.  PROTECTION OF THE SAN MARCOS RIVER
    1-8        Sec. 27.001.  PUBLIC POLICY.  It is the policy of the state
    1-9  that the San Marcos River be designated for protection.
   1-10        Sec. 27.002.  DEFINITIONS.  In this chapter:
   1-11              (1)  "Channel realignment" means the practice by which
   1-12  dredging, ditching, or other means are used to shorten or reroute
   1-13  the natural stream course.
   1-14              (2)  "Channelization" means the practice of changing a
   1-15  natural stream or stream segment into a man-made ditch or canal
   1-16  with channels of a relatively uniform width and depth.
   1-17              (3)  "Protect" means to shield from degradation,
   1-18  injury, or destruction.
   1-19        Sec. 27.003.  DESIGNATION.  The San Marcos River is
   1-20  designated for protection.
   1-21        Sec. 27.004.  PURPOSES OF DESIGNATION.  The purposes of
   1-22  designating the San Marcos River for protection include:
   1-23              (1)  developing and maintaining biological and
   1-24  ecological information and conducting studies and analyses of the
    2-1  San Marcos River;
    2-2              (2)  protecting, preserving, enhancing, and managing
    2-3  fish, wildlife, and plant communities, as well as aesthetic,
    2-4  archaeological, geological, historical, and other values of the San
    2-5  Marcos River;
    2-6              (3)  preserving the rights of owners of land adjacent
    2-7  to the San Marcos River;
    2-8              (4)  preserving the rights of the public to navigate
    2-9  the San Marcos River;
   2-10              (5)  maintaining the flow of the San Marcos River in
   2-11  quantities necessary for instream uses, subject to existing water
   2-12  rights; and
   2-13              (6)  identifying a program to monitor, protect, and
   2-14  assess possible improvements to the water quality of the San Marcos
   2-15  River in cooperation with the Texas Natural Resource Conservation
   2-16  Commission.
   2-17        Sec. 27.005.  JURISDICTION OVER FLOW REQUIREMENTS.  (a)  The
   2-18  specifications of flows necessary to maintain instream uses on the
   2-19  San Marcos River remain under the jurisdiction of the Texas Natural
   2-20  Resource Conservation Commission and are subject to the provisions
   2-21  of the Water Code relating to applications to store, take, or
   2-22  divert water.
   2-23        (b)  In issuing water rights permits, the Texas Natural
   2-24  Resource Conservation Commission shall consider potential adverse
   2-25  effects on instream uses on the San Marcos River.
   2-26        Sec. 27.006.  WATER QUALITY JURISDICTION.  (a)  The
   2-27  establishment of water quality standards and all other water
    3-1  quality or other responsibilities for the San Marcos River assigned
    3-2  to the Texas Natural Resource Conservation Commission or to the
    3-3  Railroad Commission of Texas by Chapter 26, Water Code, remain
    3-4  under the jurisdiction of those agencies.
    3-5        (b)  In issuing waste discharge permits, the Texas Natural
    3-6  Resource Conservation Commission and the Railroad Commission of
    3-7  Texas shall consider the protection of existing biological,
    3-8  physical, and chemical characteristics of those waters.
    3-9        Sec. 27.007.  RULES.  The Parks and Wildlife Commission shall
   3-10  adopt rules that are reasonable and necessary to carry out the
   3-11  purposes of this chapter.
   3-12        Sec. 27.008.  DIRECTOR'S AUTHORITY.  The executive director
   3-13  of the Parks and Wildlife Commission shall carry out the
   3-14  responsibilities provided by this chapter in accordance with rules
   3-15  adopted by the commission.
   3-16        Sec. 27.009.  PERSONNEL AND FUNDING.  (a)  Subject to
   3-17  available funds, the executive director of the Parks and Wildlife
   3-18  Commission may employ or contract with any person to assist the
   3-19  director in carrying out the purposes of this chapter.
   3-20        (b)  Funding may be supplemented by grants, private
   3-21  donations, and technical assistance from any available source.  The
   3-22  department, as the lead agency, shall administer funding.
   3-23        Sec. 27.010.  PROHIBITED USES; IMPOUNDMENT AND DIVERSION.
   3-24  (a)  Except as otherwise provided by this section, channelization,
   3-25  channel realignment, and reservoir construction are prohibited
   3-26  within the state-owned river channel of the San Marcos River.
   3-27        (b)  This section does not prohibit the construction,
    4-1  maintenance, or operation of a structure or equipment necessary for
    4-2  a water diversion authorized by the Texas Natural Resource
    4-3  Conservation Commission if that diversion does not result in
    4-4  channelization or channel realignment of the main channel of the
    4-5  San Marcos River.
    4-6        (c)  An impoundment of water sufficient to meet pumping needs
    4-7  may be constructed on the San Marcos River if:
    4-8              (1)  the Texas Natural Resource Conservation Commission
    4-9  authorizes the impoundment after determining that the impoundment
   4-10  is necessary to meet an important public need;
   4-11              (2)  the Texas Natural Resource Conservation Commission
   4-12  finds that any structure built for the impoundment will meet the
   4-13  requirements of Subsection (d) of this section; and
   4-14              (3)  the impoundment is entirely contained within the
   4-15  river channel.
   4-16        (d)  Any structure built for the impoundment or diversion of
   4-17  water shall be designed and constructed to minimize, to the
   4-18  greatest extent reasonably practicable, impediments to navigation.
   4-19        (e)  This section does not prohibit the maintenance or
   4-20  replacement of an impoundment or diversion structure that exists in
   4-21  or on the San Marcos River on September 1, 1993.
   4-22        (f)  This section does not prohibit desiltation practices
   4-23  directed at the restoration or maintenance of the natural
   4-24  streambed.
   4-25        Sec. 27.011.  OTHER AGENCIES NOT AFFECTED.  Except as
   4-26  provided by Sections 27.005, 27.006, and 27.010 of this code, this
   4-27  chapter does not affect the powers of a state agency that has
    5-1  jurisdiction over the San Marcos River.  Each state agency shall
    5-2  cooperate with the department in carrying out the purposes of this
    5-3  chapter.
    5-4        Sec. 27.012.  PIPELINES.  (a)  Except as provided by
    5-5  Subsections (b) and (c) of this section, the property right of the
    5-6  holder of a valid easement or right-of-way grant for the
    5-7  construction, operation, maintenance, relocation, or removal of a
    5-8  pipeline within the San Marcos River is not affected by this
    5-9  chapter.
   5-10        (b)  Any pipeline construction, operation, maintenance,
   5-11  relocation, or removal shall be conducted in a manner to minimize
   5-12  adverse effects to the environment.
   5-13        (c)  To the maximum extent practicable, a pipeline
   5-14  constructed or relocated above ground shall be placed so as to
   5-15  preserve the scenic beauty and navigational use of the San Marcos
   5-16  River.
   5-17        Sec. 27.013.  BRIDGES, CONVEYORS, AND TRESTLES.  To the
   5-18  maximum extent practicable, any bridge, conveyor, or trestle that
   5-19  is constructed, repaired, or relocated across the San Marcos River
   5-20  shall be placed so as to preserve the scenic beauty and
   5-21  navigational use of the San Marcos River.
   5-22        Sec. 27.014.  PRIVATE PROPERTY.  (a)  The existing rights of
   5-23  the owners of private property adjacent to the San Marcos River are
   5-24  not affected by this chapter.
   5-25        (b)  The unauthorized use of private property adjacent to the
   5-26  San Marcos River is criminal trespass under Section 30.05, Penal
   5-27  Code.
    6-1        Sec. 27.015.  CRIMINAL PENALTY.  (a)  A person who violates
    6-2  Section 27.010 of this chapter commits an offense.
    6-3        (b)  An offense under this section is a Class C Parks and
    6-4  Wildlife Code misdemeanor.  Each day that a violation continues
    6-5  constitutes a separate offense.
    6-6        Sec. 27.016.  CIVIL PENALTY.  A person who violates Section
    6-7  27.010 of this chapter or any rule adopted by the commission under
    6-8  this chapter is subject to a civil penalty of not less than $25 or
    6-9  more than $1,000 for each act of violation and for each day of
   6-10  violation.
   6-11        Sec. 27.017.  ENFORCEMENT.  (a)  At the request of the
   6-12  executive director of the Parks and Wildlife Commission, the
   6-13  attorney general shall bring suit to enjoin a violation or a
   6-14  threatened violation of Section 27.010 of this chapter or of a rule
   6-15  adopted under this chapter or to recover a civil penalty assessed
   6-16  under this chapter.  The suit shall be brought in a district court
   6-17  in Travis County or in a district court in the county where a
   6-18  violation or threat of violation occurred.
   6-19        (b)  If the court finds a violation or a threatened violation
   6-20  of this chapter or a rule adopted under this chapter, the district
   6-21  court may grant injunctive relief as the facts may warrant.
   6-22        SECTION 2.  A reference in Chapter 27, Parks and Wildlife
   6-23  Code, as added by this Act, to the Texas Natural Resource
   6-24  Conservation Commission is a reference to the Texas Water
   6-25  Commission or its successor if:
   6-26              (1)  the change in name of the Texas Water Commission
   6-27  to the Texas Natural Resource Conservation Commission does not take
    7-1  effect as provided by Section 1.085, Chapter 3, Acts of the 72nd
    7-2  Legislature, 1st Called Session, 1991;
    7-3              (2)  the transfer of the powers, duties, rights, and
    7-4  obligations of the Texas Water Commission to the Texas Natural
    7-5  Resource Conservation Commission does not take effect as provided
    7-6  by Chapter 3, Acts of the 72nd Legislature, 1st Called Session,
    7-7  1991; or
    7-8              (3)  the 73rd Legislature does not pass an Act that
    7-9  becomes law and provides for the transfer of certain powers,
   7-10  duties, rights, and obligations of the Texas Water Commission to
   7-11  the Texas Natural Resource Conservation Commission on or before
   7-12  September 1, 1993.
   7-13        SECTION 3.  This Act takes effect September 1, 1993.
   7-14        SECTION 4.  The importance of this legislation and the
   7-15  crowded condition of the calendars in both houses create an
   7-16  emergency and an imperative public necessity that the
   7-17  constitutional rule requiring bills to be read on three several
   7-18  days in each house be suspended, and this rule is hereby suspended.