By: Barrientos S.B. No. 1174
73R5156 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the resource protection duties of the Parks and
1-3 Wildlife Department.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 12.0011(b), Parks and Wildlife Code, is
1-6 amended to read as follows:
1-7 (b) The department's resource protection activities include:
1-8 (1) investigating fish kills and any type of pollution
1-9 that may cause loss of fish or wildlife resources, taking necessary
1-10 action to identify the cause and party responsible for the fish
1-11 kill or pollution, estimating the monetary value of lost resources,
1-12 and seeking restoration through presentation of evidence to the
1-13 agency responsible for permitting or through suit in county or
1-14 district court;
1-15 (2) providing recommendations that will protect fish
1-16 and wildlife resources to local, state, and federal agencies that
1-17 approve, permit, license, or construct developmental projects;
1-18 (3) providing information on fish and wildlife
1-19 resources to any local, state, and federal agencies or private
1-20 organizations that make decisions affecting those resources; <and>
1-21 (4) providing recommendations to the Texas Natural
1-22 Resource Conservation Commission <Department of Water Resources> on
1-23 scheduling of in-stream flows and freshwater inflows to Texas
1-24 estuaries for the management of fish and wildlife resources; and
2-1 (5) conducting environmental reviews of the potential
2-2 impacts to fish and wildlife resources of:
2-3 (A) activities for which a permit is required,
2-4 as provided by Section 12.0012 of this code; and
2-5 (B) state agency projects, as required by other
2-6 law.
2-7 SECTION 2. Subchapter A, Chapter 12, Parks and Wildlife
2-8 Code, is amended by adding Section 12.0012 to read as follows:
2-9 Sec. 12.0012. ENVIRONMENTAL REVIEW OF CERTAIN ACTIVITIES.
2-10 (a) A state agency may not grant an easement or execute a lease of
2-11 state-owned submerged lands or take final action on a permit issued
2-12 by the agency for an activity that may cause a direct adverse
2-13 impact on fish and wildlife resources unless:
2-14 (1) the department has conducted an environmental
2-15 review of the potential adverse impact of the easement, lease, or
2-16 activity on fish and wildlife resources; and
2-17 (2) any review fee due under Subsection (e) of this
2-18 section has been paid.
2-19 (b) Permits to which this section applies include:
2-20 (1) surface water storage or diversion permits;
2-21 (2) wastewater discharge permits;
2-22 (3) solid or hazardous waste injection or disposal
2-23 permits;
2-24 (4) produced water discharge permits; and
2-25 (5) surface mining permits.
2-26 (c) The commission by rule may exempt a type of activity for
2-27 which a permit is required from all or part of the environmental
3-1 review fee assessed under Subsection (e) of this section or from
3-2 the environmental review if the commission determines that:
3-3 (1) an adverse impact on fish and wildlife resources
3-4 from that type of activity is not likely to be significant; or
3-5 (2) an exemption is required for important public
3-6 policy reasons.
3-7 (d) An environmental review is not required under this
3-8 section and any fee paid shall be refunded if:
3-9 (1) the agency that issues permits for the activity
3-10 determines that immediate action is required because of an
3-11 emergency; or
3-12 (2) the department is unable to perform the
3-13 environmental review within the permitting agency's normal time for
3-14 processing a permit application.
3-15 (e) Except as otherwise provided by this section, an
3-16 environmental review fee of $300 shall be paid by an applicant for
3-17 a new or amended permit for an activity for which a review is
3-18 required under this section.
3-19 (f) An applicant for a permit for an activity related
3-20 exclusively to agricultural operations is exempt from any review
3-21 fee under this section. An applicant for a permit to impound or
3-22 divert state-owned waters shall pay an additional review fee of $1
3-23 for each acre-foot of requested diversion that exceeds 200
3-24 acre-feet unless the applicant is exempt under this subsection.
3-25 (g) A fee shall be paid to the department at the time an
3-26 application is submitted to the agency that issues the permit. On
3-27 payment of a required fee, the department shall promptly issue to
4-1 the payor a payment receipt which constitutes proof of payment for
4-2 purposes of Subsection (a)(2) of this section.
4-3 (h) The department and each state agency subject to the
4-4 requirements of Subsection (a) of this section shall enter into a
4-5 memorandum of agreement providing for:
4-6 (1) the department to receive expeditiously copies of
4-7 applications and agency review materials;
4-8 (2) an efficient means of assuring payment of required
4-9 fees; and
4-10 (3) a timetable for completion of the required review
4-11 by the department.
4-12 (i) In this section, "permit" means a written authorization
4-13 that is issued by a state agency and required by law, including a
4-14 license, certificate, approval, or registration.
4-15 SECTION 3. The change in law made by Section 12.0012, Parks
4-16 and Wildlife Code, as added by this Act, applies only to:
4-17 (1) an easement or lease of state-owned submerged land
4-18 granted or executed on or after the effective date of this Act; and
4-19 (2) an application for a permit that is submitted to
4-20 the permitting agency on or after the effective date of this Act.
4-21 SECTION 4. This Act takes effect September 1, 1993.
4-22 SECTION 5. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
4-26 days in each house be suspended, and this rule is hereby suspended.