BILL ANALYSIS


                                                        S.B. 1718
                                                   By: Armbrister
                                                Natural Resources
                                                         05-12-95
                                     Committee Report (Unamended)
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 concerned about the
maintenance and preservation of the river, including the protection
of the river's beauty, water quality, and several indigenous
endangered species.

PURPOSE

As proposed, S.B. 1718 protects the San Marcos River; provides
civil and criminal penalties.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 2, Water Code, by adding Chapter 35, as
follows:

         CHAPTER 35. PROTECTION OF THE SAN MARCOS RIVER

     Sec. 35.001. DEFINITIONS. Defines "channel realignment,"
     "channelization," "commission," "director," and "protect."
     
     Sec. 35.002. DESIGNATION. Provides that the San Marcos River
     is designated for protection.
     
     Sec. 35.003. PROHIBITED USES; IMPOUNDMENT AND DIVERSION. (a)
     Provides that except as otherwise provided by this section,
     channelization, channel realignment, and reservoir
     construction are prohibited within the state-owned river
     channel of the San Marcos River.
     
     (b) Provides that this section does not prohibit the
       construction, maintenance, or operation of a structure or
       equipment necessary for a water diversion authorized by the
       commission if that diversion does not result in
       channelization or channel realignment of the main channel of
       the San Marcos River.
       
       (c) Provides that this section does not prohibit the
       maintenance or replacement of an impoundment or diversion
       structure that exists in or on the San Marcos River on
       September 1, 1995.
       
       (d) Provides that this section does not prohibit desiltation
       practices directed at the restoration or maintenance of the
       natural streambed.
       
       Sec. 34.004. PRIVATE PROPERTY. Provides that the existing
     rights of the owners of private property adjacent to the San
     Marcos River are not affected by this chapter.
     
     Sec. 35.005. CRIMINAL PENALTY. (a) Provides that a person who
     violates Section 35.003 commits an offense.
     
     (b) Provides that an offense under this section is a Class
       C misdemeanor. Provides that each day that a violation
       continues constitutes a separate offense.
       
       Sec. 35.006. CIVIL PENALTY. Subjects a person who violates
     Section 35.003 or any rule adopted by the commission under
     this chapter to a civil penalty of not less than $25 or more
     than $1000 for each act of violation and for each day of
     violation.
     
     Sec. 35.007. ENFORCEMENT. (a) Requires the attorney general,
     at the request of the director, to bring suit to enjoin a
     violation or a threatened violation of Section 35.003 or of a
     rule adopted under this chapter or to recover a civil penalty
     assessed under this chapter. Requires the suit to be brought
     in a district court in Travis County or in a district court in
     the county where a violation or threat of violation occurred.
     
     (b) Authorizes the district court, if the court finds a
       violation or a threatened violation of this chapter or a
       rule adopted under this chapter, to grant injunctive relief
       as the facts may warrant.
       
       SECTION 2.   Effective date: September 1, 1995.

SECTION 3. Emergency clause.