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.