1-1 By: Armbrister S.B. No. 1718
1-2 (In the Senate - Filed May 10, 1995; May 11, 1995, read first
1-3 time and referred to Committee on Natural Resources; May 11, 1995,
1-4 reported favorably by the following vote: Yeas 9, Nays 0;
1-5 May 11, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the protection of the San Marcos River; providing civil
1-9 and criminal penalties.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Title 2, Water Code, is amended by adding Chapter
1-12 35 to read as follows:
1-13 CHAPTER 35. PROTECTION OF THE SAN MARCOS RIVER
1-14 Sec. 35.001. DEFINITIONS. In this chapter:
1-15 (1) "Channel realignment" means the practice by which
1-16 dredging, ditching, or other means are used to shorten or reroute
1-17 the natural stream course.
1-18 (2) "Channelization" means the practice of changing a
1-19 natural stream or stream segment into a manmade ditch or canal with
1-20 channels of a relatively uniform width and depth.
1-21 (3) "Commission" means the Texas Natural Resource
1-22 Conservation Commission.
1-23 (4) "Executive director" means the executive director
1-24 of the commission.
1-25 (5) "Protect" means to shield from degradation,
1-26 injury, or destruction.
1-27 Sec. 35.002. DESIGNATION. The San Marcos River is
1-28 designated for protection.
1-29 Sec. 35.003. PROHIBITED USES; IMPOUNDMENT AND DIVERSION.
1-30 (a) Except as otherwise provided by this section, channelization,
1-31 channel realignment, and reservoir construction are prohibited
1-32 within the state-owned river channel of the San Marcos River.
1-33 (b) This section does not prohibit the construction,
1-34 maintenance, or operation of a structure or equipment necessary for
1-35 a water diversion authorized by the commission if that diversion
1-36 does not result in channelization or channel realignment of the
1-37 main channel of the San Marcos River.
1-38 (c) This section does not prohibit the maintenance or
1-39 replacement of an impoundment or diversion structure that exists in
1-40 or on the San Marcos River on September 1, 1995.
1-41 (d) This section does not prohibit desiltation practices
1-42 directed at the restoration or maintenance of the natural
1-43 streambed.
1-44 Sec. 35.004. PRIVATE PROPERTY. The existing rights of the
1-45 owners of private property adjacent to the San Marcos River are not
1-46 affected by this chapter.
1-47 Sec. 35.005. CRIMINAL PENALTY. (a) A person who violates
1-48 Section 35.003 commits an offense.
1-49 (b) An offense under this section is a Class C misdemeanor.
1-50 Each day that a violation continues constitutes a separate offense.
1-51 Sec. 35.006. CIVIL PENALTY. A person who violates Section
1-52 35.003 or any rule adopted by the commission under this chapter is
1-53 subject to a civil penalty of not less than $25 or more than $1,000
1-54 for each act of violation and for each day of violation.
1-55 Sec. 35.007. ENFORCEMENT. (a) At the request of the
1-56 executive director, the attorney general shall bring suit to enjoin
1-57 a violation or a threatened violation of Section 35.003 or of a
1-58 rule adopted under this chapter or to recover a civil penalty
1-59 assessed under this chapter. This suit shall be brought in a
1-60 district court in Travis County or in a district court in the
1-61 county where a violation or threat of violation occurred.
1-62 (b) If the court finds a violation or a threatened violation
1-63 of this chapter or a rule adopted under this chapter, the district
1-64 court may grant injunctive relief as the facts may warrant.
1-65 SECTION 2. This Act takes effect September 1, 1995.
1-66 SECTION 3. The importance of this legislation and the
1-67 crowded condition of the calendars in both houses create an
1-68 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended.
2-3 * * * * *