By Chisum H.B. No. 2634
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to restrictions on concentrated animal feeding operations
1-3 to protect waters of the state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 26, Texas Water Code, is
1-6 amended by adding Section 26.0286 to read as follows:
1-7 Sec. 26.0286. PROHIBITION OF DISCHARGE TO A PLAYA FROM A
1-8 CONCENTRATED ANIMAL FEEDING OPERATION. (a) Except as provided in
1-9 subsections (b), (c) and (d), the Texas Water Commission may adopt
1-10 rules under this section to prohibit the discharge of agricultural
1-11 waste into a playa or use of a playa as a wastewater retention
1-12 facility for agricultural waste.
1-13 (b) A concentrated animal feeding operation authorized to
1-14 discharge agricultural waste into a playa or use a playa as a
1-15 wastewater retention facility for agricultural waste under Chapter
1-16 26 of the Texas Water Code on the effective date of this Act, is
1-17 authorized to continue such discharge into or use of the playa for
1-18 the management of agricultural waste, including any increased
1-19 discharges into the playa necessary for expansions to the
1-20 concentrated animal feeding operation. Subsections (b) and (c) do
1-21 not restrict the application of the Texas Water Commission rules
1-22 which regulate concentrated animal feeding operations and are not
1-23 in conflict with subsections (b) and (c).
2-1 (c) The authorization for a concentrated animal feeding
2-2 operation to use playas for agricultural waste discharge or
2-3 retention under Subsection (b) is not affected by a permit
2-4 amendment, permit renewal, transfer of ownership or operation of a
2-5 concentrated animal feeding operation, or the suspension of
2-6 operations at a concentrated animal feeding operation, as long as
2-7 the suspension does not exceed five years.
2-8 (d) Rules adopted under subsection (a) may not restrict or
2-9 limit discharges into playas as a result of authorized overflows
2-10 from a concentrated animal feeding operation waste retention
2-11 facility.
2-12 (e) As used in this section:
2-13 (1) "Concentrated animal feeding operation" means a
2-14 concentrated, confined livestock or poultry facility operated for
2-15 meat, milk or egg production, growing, stabling, or housing, in
2-16 pens or houses wherein livestock or poultry are fed at the place of
2-17 confinement and crop or forage growth or production of feed is not
2-18 sustained in the area of confinement.
2-19 (2) "Playa" means a flat-floored, clayey bottom of an
2-20 undrained basin that is located in arid or semi-arid parts of the
2-21 state, is naturally dry most of the year, and collects runoff
2-22 during rainfall events but is subject to rapid evaporation.
2-23 SECTION 2. This Act takes effect September 1, 1993.
2-24 SECTION 3. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
3-1 emergency and imperative public necessity that the constitutional
3-2 rule requiring bills to read on three several days in each house be
3-3 suspended, and this rule is hereby suspended.