By: Armbrister S.B. No. 1718
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the protection of the San Marcos River; providing civil
1-2 and criminal penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 2, Water Code, is amended by adding Chapter
1-5 35 to read as follows:
1-6 CHAPTER 35. PROTECTION OF THE SAN MARCOS RIVER
1-7 Sec. 35.001. DEFINITIONS. In this chapter:
1-8 (1) "Channel realignment" means the practice by which
1-9 dredging, ditching, or other means are used to shorten or reroute
1-10 the natural stream course.
1-11 (2) "Channelization" means the practice of changing a
1-12 natural stream or stream segment into a manmade ditch or canal with
1-13 channels of a relatively uniform width and depth.
1-14 (3) "Commission" means the Texas Natural Resource
1-15 Conservation Commission.
1-16 (4) "Executive director" means the executive director
1-17 of the commission.
1-18 (5) "Protect" means to shield from degradation,
1-19 injury, or destruction.
1-20 Sec. 35.002. DESIGNATION. The San Marcos River is
1-21 designated for protection.
1-22 Sec. 35.003. PROHIBITED USES; IMPOUNDMENT AND DIVERSION.
1-23 (a) Except as otherwise provided by this section, channelization,
2-1 channel realignment, and reservoir construction are prohibited
2-2 within the state-owned river channel of the San Marcos River.
2-3 (b) This section does not prohibit the construction,
2-4 maintenance, or operation of a structure or equipment necessary for
2-5 a water diversion authorized by the commission if that diversion
2-6 does not result in channelization or channel realignment of the
2-7 main channel of the San Marcos River.
2-8 (c) This section does not prohibit the maintenance or
2-9 replacement of an impoundment or diversion structure that exists in
2-10 or on the San Marcos River on September 1, 1995.
2-11 (d) This section does not prohibit desiltation practices
2-12 directed at the restoration or maintenance of the natural
2-13 streambed.
2-14 Sec. 35.004. PRIVATE PROPERTY. The existing rights of the
2-15 owners of private property adjacent to the San Marcos River are not
2-16 affected by this chapter.
2-17 Sec. 35.005. CRIMINAL PENALTY. (a) A person who violates
2-18 Section 35.003 commits an offense.
2-19 (b) An offense under this section is a Class C misdemeanor.
2-20 Each day that a violation continues constitutes a separate offense.
2-21 Sec. 35.006. CIVIL PENALTY. A person who violates Section
2-22 35.003 or any rule adopted by the commission under this chapter is
2-23 subject to a civil penalty of not less than $25 or more than $1,000
2-24 for each act of violation and for each day of violation.
2-25 Sec. 35.007. ENFORCEMENT. (a) At the request of the
3-1 executive director, the attorney general shall bring suit to enjoin
3-2 a violation or a threatened violation of Section 35.003 or of a
3-3 rule adopted under this chapter or to recover a civil penalty
3-4 assessed under this chapter. This suit shall be brought in a
3-5 district court in Travis County or in a district court in the
3-6 county where a violation or threat of violation occurred.
3-7 (b) If the court finds a violation or a threatened violation
3-8 of this chapter or a rule adopted under this chapter, the district
3-9 court may grant injunctive relief as the facts may warrant.
3-10 SECTION 2. This Act takes effect September 1, 1995.
3-11 SECTION 3. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.