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.
    1-5        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.