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.