H.B. No. 2634
    1-1                                AN ACT
    1-2  relating to restrictions on concentrated animal feeding operations
    1-3  to protect waters of the state.
    1-5        SECTION 1.  Subchapter B, Chapter 26, Water Code, is amended
    1-6  by adding Section 26.048 to read as follows:
    1-8  CONCENTRATED ANIMAL FEEDING OPERATION.  (a)  Except as provided by
    1-9  Subsections (b) and (c) of this section, the commission may adopt
   1-10  rules under this section to prohibit:
   1-11              (1)  the discharge of agricultural waste from a
   1-12  concentrated animal feeding operation into a playa; or
   1-13              (2)  the use of a playa as a wastewater retention
   1-14  facility for agricultural waste.
   1-15        (b)  A concentrated animal feeding operation authorized to
   1-16  discharge agricultural waste into a playa or to use a playa as a
   1-17  wastewater retention facility for agricultural waste under this
   1-18  chapter before the adoption of rules under this section may
   1-19  continue that discharge into the playa or use of the playa for the
   1-20  retention of agricultural waste after the adoption of those rules.
   1-21  The operator of a concentrated animal feeding operation that uses a
   1-22  playa as a wastewater retention facility annually shall collect a
   1-23  water sample from each well providing water for the facility and
    2-1  shall have the sample analyzed for chlorides and nitrates.  The
    2-2  operator shall provide copies of the analysis to the commission.
    2-3  If the results of an analysis when compared with analysis of water
    2-4  collected at an earlier date from the same well indicate a
    2-5  significant increase in the levels of chlorides or nitrates, the
    2-6  commission shall require that an investigation be made to determine
    2-7  the source of the contamination.  If it is determined that
    2-8  contamination is occurring as a result of use of the playa as a
    2-9  retention facility for the waste from the concentrated feeding
   2-10  operation, the commission shall require action to correct the
   2-11  problem.
   2-12        (c)  The authorization for a concentrated animal feeding
   2-13  operation to use a playa for agricultural waste discharge or
   2-14  retention under Subsection (b) of this section is not affected by
   2-15  the expansion of a concentrated animal feeding operation, a permit
   2-16  amendment, permit renewal, transfer of ownership or operation of a
   2-17  concentrated animal feeding operation, or by a suspension for not
   2-18  more than five years of operations at a concentrated animal feeding
   2-19  operation.
   2-20        (d)  Subsections (b) and (c) of this section do not restrict
   2-21  the application of commission rules that regulate concentrated
   2-22  animal feeding operations for the purpose of protecting water
   2-23  quality and that are not in conflict with those subsections.
   2-24        (e)  As used in this section:
   2-25              (1)  "Concentrated animal feeding operation" means a
    3-1  concentrated, confined livestock or poultry facility that is
    3-2  operated for meat, milk, or egg production or for growing,
    3-3  stabling, or housing livestock or poultry in pens or houses, in
    3-4  which livestock or poultry are fed at the place of confinement and
    3-5  crop or forage growth or feed is not produced in the confinement
    3-6  area.
    3-7              (2)  "Playa" means a flat-floored, clayey bottom of an
    3-8  undrained basin that is located in an arid or semi-arid part of the
    3-9  state, is naturally dry most of the year, and collects runoff from
   3-10  rain but is subject to rapid evaporation.
   3-11        SECTION 2.  This Act takes effect September 1, 1993.
   3-12        SECTION 3.  The importance of this legislation and the
   3-13  crowded condition of the calendars in both houses create an
   3-14  emergency and an imperative public necessity that the
   3-15  constitutional rule requiring bills to be read on three several
   3-16  days in each house be suspended, and this rule is hereby suspended.