BILL ANALYSIS



H.B. 2160
By:Rhodes
5-3-95
Committee Report (Substituted)


BACKGROUND
The San Marcos River is an essential element of the economic,
social and recreational lifestyles of central Texas.  The residents
of San Marcos and the surrounding area are very concerned about the
maintenance and preservation of the river, including the protection
of the river's beauty, water quality, and several indigenous
endangered species.  The San Marcos city council adopted a
resolution on February 27, 1995 supporting this piece of
legislation.

PURPOSE
As proposed, the bill would designate the San Marcos River for
protection and establish guidelines for flow requirements, water
quality, water use, and regulate material, structure and equipment
use on and near the river.

RULEMAKING AUTHORITY
It is the opinion of the committee that this bill does not
expressly grant any additional rulemaking authority to a state
officer, department, agency, or institution.

SECTION-BY-SECTION ANALYSIS
SECTION 1.  Amends Title 2, Water Code, by adding Chapter 35,
PROTECTION OF THE SAN MARCOS RIVER.

     Sec. 35.001(1) provides the definition of "channel
realignment."

     Sec. 35.001(2) provides the definition of "channelization."

     Sec. 35.001(3) provides the definition of "commission."

     Sec. 35.001(4) provides the definition of "director."

     Sec. 35.001(5) provides the definition of "protect."

     Sec. 35.002 designates the San Marcos River for protection.

     Sec. 35.003 outlines prohibited uses; impoundment and
diversion of the river.
          (a) Channelization, channel realignment, and reservoir
construction are prohibited.
          (b) TNRCC may authorize structures necessary for water
diversion.
          (c) This does not apply to maintenance or replacement of
impoundment or           diversion structures built before
September 1, 1995.
          (d) This section does not apply to desiltation practices
aimed at maintaining the           natural streambed.

     Sec. 35.004 retains the existing property rights of landowners
adjacent to the river.

     Sec. 35.005 provides for a criminal penalty.
          (a) provides for a criminal penalty for violation of Sec.
35.003.
          (b) designates a violation of Sec. 35.003 as a Class C
misdemeanor.

     Sec. 35.006 provides for a civil penalty for violation of Sec.
35.003 or any TNRCC rule           adopted under this chapter of
not less than $25 or more than $1000 for each act           and for
each day of a violation.

     Sec. 35.007 establishes procedures for bringing suit.
          (a) The director of TNRCC may request the Attorney
General to bring suit to           enjoin a violation or threatened
violation of Sec. 35.003 or commission rules, or       to recover
a civil penalty assessed under this chapter in a district court in
Travis         County or a district court in the county where the
alleged violation occurred.
          (b) Upon finding a violation, the court may grant
injunctive relief.

SECTION 2.  Effective date is September 1, 1995.

SECTION 3.  Emergency clause.


COMPARISON OF SUBSTITUTE TO THE ORIGINAL
C.S.H.B. 2160 is modified to add Chapter 35 to Title 2 of the Water
Code.  Sections 36.001, 36.004, 36.005, 36.006, 36.007, 36.008,
36.009, 36.010(c), 36.010(d), 36.011, 36.012, and 36.013 of the
original bill are removed.  

SUMMARY OF COMMITTEE ACTION
H.B.2160 was considered by the committee in a public hearing on
April 18, 1995.
The following persons testified in favor of the bill:
     Mr. Tom Goynes, representing himself and Texas Rivers
Protection Association;
     Mr. Jack E. Fairchild, representing himself and San Marcos
River Foundation;
     Mr. David Gates, representing himself.
The following persons testified against the bill: None (0).
The following persons testified on the bill: None (0).
The bill was left pending.

H.B.2160 was considered by the committee in a formal meeting on
April 28, 1995.
No testimony was received.
The committee considered a complete substitute for the bill.  The
substitute failed adoption by a record vote of 4 ayes, 4 nays, 0
pnv, 1 absent.
The bill was left pending.

H.B.2160 was considered by the committee in a formal meeting on May
2, 1995.
No testimony was received.
The committee considered a complete substitute for the bill.  The
substitute was adopted by a record vote of 4 ayes, 3 nays, 0 pnv,
2 absent.
The bill was left pending.

H.B.2160 as substituted was considered by the committee in a formal
meeting on May 3, 1995.
No testimony was received.
The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 7
ayes, 0 nays, 2 pnv, 0 absent.