1-1 By: Chisum (Senate Sponsor - Bivins) H.B. No. 2634
1-2 (In the Senate - Received from the House May 5, 1993;
1-3 May 6, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 14, 1993, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 14, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to restrictions on concentrated animal feeding operations
1-22 to protect waters of the state.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Subchapter B, Chapter 26, Water Code, is amended
1-25 by adding Section 26.048 to read as follows:
1-26 Sec. 26.048. PROHIBITION OF DISCHARGE TO A PLAYA FROM A
1-27 CONCENTRATED ANIMAL FEEDING OPERATION. (a) Except as provided by
1-28 Subsections (b) and (c) of this section, the commission may adopt
1-29 rules under this section to prohibit:
1-30 (1) the discharge of agricultural waste from a
1-31 concentrated animal feeding operation into a playa; or
1-32 (2) the use of a playa as a wastewater retention
1-33 facility for agricultural waste.
1-34 (b) A concentrated animal feeding operation authorized to
1-35 discharge agricultural waste into a playa or to use a playa as a
1-36 wastewater retention facility for agricultural waste under this
1-37 chapter before the adoption of rules under this section may
1-38 continue that discharge into the playa or use of the playa for the
1-39 retention of agricultural waste after the adoption of those rules.
1-40 The operator of a concentrated animal feeding operation that uses a
1-41 playa as a wastewater retention facility annually shall collect a
1-42 water sample from each well providing water for the facility and
1-43 shall have the sample analyzed for chlorides and nitrates. The
1-44 operator shall provide copies of the analysis to the commission.
1-45 If the results of an analysis when compared with analysis of water
1-46 collected at an earlier date from the same well indicate a
1-47 significant increase in the levels of chlorides or nitrates, the
1-48 commission shall require that an investigation be made to determine
1-49 the source of the contamination. If it is determined that
1-50 contamination is occurring as a result of use of the playa as a
1-51 retention facility for the waste from the concentrated feeding
1-52 operation, the commission shall require action to correct the
1-53 problem.
1-54 (c) The authorization for a concentrated animal feeding
1-55 operation to use a playa for agricultural waste discharge or
1-56 retention under Subsection (b) of this section is not affected by
1-57 the expansion of a concentrated animal feeding operation, a permit
1-58 amendment, permit renewal, transfer of ownership or operation of a
1-59 concentrated animal feeding operation, or by a suspension for not
1-60 more than five years of operations at a concentrated animal feeding
1-61 operation.
1-62 (d) Subsections (b) and (c) of this section do not restrict
1-63 the application of commission rules that regulate concentrated
1-64 animal feeding operations for the purpose of protecting water
1-65 quality and that are not in conflict with those subsections.
1-66 (e) As used in this section:
1-67 (1) "Concentrated animal feeding operation" means a
1-68 concentrated, confined livestock or poultry facility that is
2-1 operated for meat, milk, or egg production or for growing,
2-2 stabling, or housing livestock or poultry in pens or houses, in
2-3 which livestock or poultry are fed at the place of confinement and
2-4 crop or forage growth or feed is not produced in the confinement
2-5 area.
2-6 (2) "Playa" means a flat-floored, clayey bottom of an
2-7 undrained basin that is located in an arid or semi-arid part of the
2-8 state, is naturally dry most of the year, and collects runoff from
2-9 rain but is subject to rapid evaporation.
2-10 SECTION 2. This Act takes effect September 1, 1993.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.
2-16 * * * * *
2-17 Austin,
2-18 Texas
2-19 May 14, 1993
2-20 Hon. Bob Bullock
2-21 President of the Senate
2-22 Sir:
2-23 We, your Committee on Natural Resources to which was referred H.B.
2-24 No. 2634, have had the same under consideration, and I am
2-25 instructed to report it back to the Senate with the recommendation
2-26 that it do pass and be printed.
2-27 Sims,
2-28 Chairman
2-29 * * * * *
2-30 WITNESSES
2-31 FOR AGAINST ON
2-32 ___________________________________________________________________
2-33 Name: A Wayne Wyatt x
2-34 Representing: High Plains Underground Water
2-35 City: Lubbock
2-36 -------------------------------------------------------------------
2-37 Name: Ross Wilson x
2-38 Representing: Texas Cattle Feeders Assn
2-39 City: Amarillo
2-40 -------------------------------------------------------------------
2-41 Name: Bill Powers x
2-42 Representing: Texas Farm Bureau
2-43 City: Austin
2-44 -------------------------------------------------------------------
2-45 Name: Ed Small x
2-46 Representing: TX & SW Cattle Raisers
2-47 City: Austin
2-48 -------------------------------------------------------------------
2-49 Name: Ken Horton x
2-50 Representing: TX Pork Producers Assn
2-51 City: Austin
2-52 -------------------------------------------------------------------
2-53 Name: Jerry L Clark x
2-54 Representing: Associated Milk Producers
2-55 City: Arlington
2-56 -------------------------------------------------------------------