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.
   1-24        SECTION 1.  Subchapter B, Chapter 26, Water Code, is amended
   1-25  by adding Section 26.048 to read as follows:
   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
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   2-37  Name:  Ross Wilson                               x
   2-38  Representing:  Texas Cattle Feeders Assn
   2-39  City:  Amarillo
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   2-41  Name:  Bill Powers                               x
   2-42  Representing:  Texas Farm Bureau
   2-43  City:  Austin
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   2-45  Name:  Ed Small                                  x
   2-46  Representing:  TX & SW Cattle Raisers
   2-47  City:  Austin
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   2-49  Name:  Ken Horton                                x
   2-50  Representing:  TX Pork Producers Assn
   2-51  City:  Austin
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   2-53  Name:  Jerry L Clark                             x
   2-54  Representing:  Associated Milk Producers
   2-55  City:  Arlington
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