By Rhodes, Oakley H.B. No. 2160
74R7383 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the protection of the San Marcos River; providing civil
1-3 and criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 2, Water Code, is amended by adding
1-6 Subtitle E to read as follows:
1-7 SUBTITLE E. PROTECTED RIVERS
1-8 CHAPTER 36. PROTECTION OF THE SAN MARCOS RIVER
1-9 Sec. 36.001. PUBLIC POLICY. It is the policy of the state
1-10 that the San Marcos River be designated for protection.
1-11 Sec. 36.002. DEFINITIONS. In this chapter:
1-12 (1) "Channel realignment" means the practice by which
1-13 dredging, ditching, or other means are used to shorten or reroute
1-14 the natural stream course.
1-15 (2) "Channelization" means the practice of changing a
1-16 natural stream or stream segment into a man-made ditch or canal
1-17 with channels of a relatively uniform width and depth.
1-18 (3) "Commission" means the Texas Natural Resource
1-19 Conservation Commission.
1-20 (4) "Director" means the executive director of the
1-21 commission.
1-22 (5) "Protect" means to shield from degradation,
1-23 injury, or destruction.
1-24 Sec. 36.003. DESIGNATION. The San Marcos River is
2-1 designated for protection.
2-2 Sec. 36.004. PURPOSES OF DESIGNATION. The purposes of
2-3 designating the San Marcos River for protection include:
2-4 (1) assuring the water quality of and conducting
2-5 studies and analyses of the San Marcos River;
2-6 (2) preserving the rights of owners of land adjacent
2-7 to the San Marcos River;
2-8 (3) preserving the rights of the public to navigate
2-9 the San Marcos River;
2-10 (4) maintaining the flow of the San Marcos River in
2-11 quantities necessary for instream uses, subject to existing water
2-12 rights; and
2-13 (5) identifying a program to monitor, protect, and
2-14 assess possible improvements to the water quality of the San Marcos
2-15 River.
2-16 Sec. 36.005. JURISDICTION OVER FLOW REQUIREMENTS. (a) The
2-17 specifications of flows necessary to maintain instream uses on the
2-18 San Marcos River are under the jurisdiction of the commission and
2-19 are subject to provisions of this code relating to applications to
2-20 store, take, or divert water.
2-21 (b) In issuing water rights permits, the commission shall
2-22 consider potential adverse effects on instream uses on the San
2-23 Marcos River.
2-24 Sec. 36.006. WATER QUALITY JURISDICTION. (a) The
2-25 establishment of water quality standards and all other water
2-26 quality or other responsibilities for the San Marcos River assigned
2-27 to the commission or to the Railroad Commission of Texas by Chapter
3-1 26 remain under the jurisdiction of those agencies.
3-2 (b) In issuing waste discharge permits, the commission and
3-3 the Railroad Commission of Texas shall consider the protection of
3-4 existing biological, physical, and chemical characteristics of
3-5 those waters.
3-6 Sec. 36.007. RULES. The commission shall adopt rules that
3-7 are reasonable and necessary to carry out the purposes of this
3-8 chapter.
3-9 Sec. 36.008. DIRECTOR'S AUTHORITY. The director shall carry
3-10 out the responsibilities provided by this chapter in accordance
3-11 with rules adopted by the commission.
3-12 Sec. 36.009. PERSONNEL AND FUNDING. (a) Subject to
3-13 available funds, the director may employ or contract with any
3-14 person to assist the director in carrying out the purposes of this
3-15 chapter.
3-16 (b) Funding may be supplemented by grants, private
3-17 donations, and technical assistance from any available source.
3-18 Sec. 36.010. PROHIBITED USES; IMPOUNDMENT AND DIVERSION.
3-19 (a) Except as otherwise provided by this section, channelization,
3-20 channel realignment, and reservoir construction are prohibited
3-21 within the state-owned river channel of the San Marcos River.
3-22 (b) This section does not prohibit the construction,
3-23 maintenance, or operation of a structure or equipment necessary for
3-24 a water diversion authorized by the commission if that diversion
3-25 does not result in channelization or channel realignment of the
3-26 main channel of the San Marcos River.
3-27 (c) An impoundment of water sufficient to meet pumping needs
4-1 may be constructed on the San Marcos River if:
4-2 (1) the commission authorizes the impoundment after
4-3 determining that the impoundment is necessary to meet an important
4-4 public need;
4-5 (2) the commission finds that any structure built for
4-6 the impoundment will meet the requirements of Subsection (d) of
4-7 this section; and
4-8 (3) the impoundment is entirely contained within the
4-9 river channel.
4-10 (d) Any structure built for the impoundment or diversion of
4-11 water shall be designed and constructed to minimize, to the
4-12 greatest extent reasonably practicable, impediments to navigation.
4-13 (e) This section does not prohibit the maintenance or
4-14 replacement of an impoundment or diversion structure that exists in
4-15 or on the San Marcos River on September 1, 1995.
4-16 (f) This section does not prohibit desiltation practices
4-17 directed at the restoration or maintenance of the natural
4-18 streambed.
4-19 Sec. 36.011. OTHER AGENCIES NOT AFFECTED. Except as
4-20 provided by Section 36.010, this chapter does not affect the powers
4-21 of a state agency that has jurisdiction over the San Marcos River.
4-22 Each state agency shall cooperate with the commission in carrying
4-23 out the purposes of this chapter.
4-24 Sec. 36.012. PIPELINES. (a) Except as provided by
4-25 Subsections (b) and (c) of this section, the property right of the
4-26 holder of a valid easement or right-of-way grant for the
4-27 construction, operation, maintenance, relocation, or removal of a
5-1 pipeline within the San Marcos River is not affected by this
5-2 chapter.
5-3 (b) Any pipeline construction, operation, maintenance,
5-4 relocation, or removal shall be conducted in a manner to minimize
5-5 adverse effects to the environment.
5-6 (c) To the maximum extent practicable, a pipeline
5-7 constructed or relocated above ground shall be placed so as to
5-8 preserve the scenic beauty and navigational use of the San Marcos
5-9 River.
5-10 Sec. 36.013. BRIDGES, CONVEYORS, AND TRESTLES. To the
5-11 maximum extent practicable, any bridge, conveyor, or trestle that
5-12 is constructed, repaired, or relocated across the San Marcos River
5-13 shall be placed so as to preserve the scenic beauty and
5-14 navigational use of the San Marcos River.
5-15 Sec. 36.014. PRIVATE PROPERTY. The existing rights of the
5-16 owners of private property adjacent to the San Marcos River are not
5-17 affected by this chapter.
5-18 Sec. 36.015. CRIMINAL PENALTY. (a) A person who violates
5-19 Section 36.010 commits an offense.
5-20 (b) An offense under this section is a Class C misdemeanor.
5-21 Each day that a violation continues constitutes a separate offense.
5-22 Sec. 36.016. CIVIL PENALTY. A person who violates Section
5-23 36.010 or any rule adopted by the commission under this chapter is
5-24 subject to a civil penalty of not less than $25 or more than $1,000
5-25 for each act of violation and for each day of violation.
5-26 Sec. 36.017. ENFORCEMENT. (a) At the request of the
5-27 director, the attorney general shall bring suit to enjoin a
6-1 violation or a threatened violation of Section 36.010 or of a rule
6-2 adopted under this chapter or to recover a civil penalty assessed
6-3 under this chapter. The suit shall be brought in a district court
6-4 in Travis County or in a district court in the county where a
6-5 violation or threat of violation occurred.
6-6 (b) If the court finds a violation or a threatened violation
6-7 of this chapter or a rule adopted under this chapter, the district
6-8 court may grant injunctive relief as the facts may warrant.
6-9 SECTION 2. This Act takes effect September 1, 1995.
6-10 SECTION 3. The importance of this legislation and the
6-11 crowded condition of the calendars in both houses create an
6-12 emergency and an imperative public necessity that the
6-13 constitutional rule requiring bills to be read on three several
6-14 days in each house be suspended, and this rule is hereby suspended.