By Seaman H.B. No. 2639
75R6391 JJT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to studies related to certain maricultural activities and
1-3 facilities; imposing a moratorium.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITION. In this Act, "mariculture" has the
1-6 meaning assigned by Section 11.1421, Water Code.
1-7 SECTION 2. STUDY OF DISCHARGES FROM CERTAIN MARICULTURE
1-8 FACILITIES. (a) The Texas Natural Resource Conservation
1-9 Commission, in cooperation with the Parks and Wildlife Department,
1-10 the Texas Animal Health Commission, and appropriate educational
1-11 entities, shall study discharges from mariculture facilities for
1-12 the commercial production of shrimp or exotic species. The study
1-13 must address:
1-14 (1) the need for the discharges;
1-15 (2) methods to minimize the discharges and the adverse
1-16 effects of the discharges;
1-17 (3) the potential adverse effects of pollutants,
1-18 viruses, or exotic species that may be released by the discharges;
1-19 and
1-20 (4) potential adverse effects of the discharges on
1-21 aquatic life in bays and estuaries in the state.
1-22 (b) The Parks and Wildlife Department is the lead agency for
1-23 the portion of the study that relates to the effects of a release
1-24 of a virus or exotic species.
2-1 (c) The agencies shall complete the study not later than
2-2 March 1, 1998.
2-3 SECTION 3. STUDY OF DIVERSIONS RELATED TO MARICULTURE
2-4 FACILITIES. (a) The Texas Natural Resource Conservation
2-5 Commission, in cooperation with the Parks and Wildlife Department
2-6 and appropriate educational entities, shall study the effects that
2-7 diversions of state water for the commercial production of shrimp
2-8 or other exotic species in mariculture facilities have on aquatic
2-9 life in bays and estuaries in the state.
2-10 (b) The agencies and entities shall complete the study not
2-11 later than December 1, 1998.
2-12 SECTION 4. FEE ON CERTAIN DIVERSIONS. The Texas Natural
2-13 Resource Conservation Commission by rule shall establish an annual
2-14 fee on the use of state water by a mariculture facility engaged in
2-15 the commercial production of shrimp or other exotic species. The
2-16 commission shall collect the fee on water used during the period of
2-17 January 1, 1997, through December 31, 1998. The commission shall
2-18 base the fee on the actual or estimated amount of water
2-19 appropriated from a bay or estuary in the state during that period.
2-20 The commission shall set the fee in an amount sufficient to
2-21 recover:
2-22 (1) the estimated costs of the studies required by
2-23 this Act; and
2-24 (2) costs associated with collecting the fees.
2-25 SECTION 5. REPORTS. On completion of each study conducted
2-26 under this Act, the Texas Natural Resource Conservation Commission
2-27 shall publish a report of the results of the study and present the
3-1 report to the governor, the lieutenant governor, and the speaker of
3-2 the house of representatives.
3-3 SECTION 6. MORATORIUM. (a) Until the reports described by
3-4 Section 5 of this Act have been published and presented as required
3-5 by that section, the Texas Natural Resource Conservation Commission
3-6 may not:
3-7 (1) process an application for a permit, amendment,
3-8 renewal, or other form of authorization to discharge water or
3-9 wastewater from a mariculture facility for the commercial
3-10 production of shrimp or other exotic species if the facility or
3-11 proposed facility is or will be located in a county that borders
3-12 the Gulf of Mexico or that borders on the tidewater limits of the
3-13 gulf; or
3-14 (2) adopt a rule that authorizes a discharge from a
3-15 facility described by Subdivision (1) of this subsection.
3-16 (b) Subsection (a)(1) of this section applies to an
3-17 application for a permit, amendment, renewal, or other
3-18 authorization that is pending before the Texas Natural Resource
3-19 Conservation Commission on the effective date of this Act or that
3-20 is filed on or after that date.
3-21 SECTION 7. EMERGENCY. The importance of this legislation
3-22 and the crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended,
3-26 and that this Act take effect and be in force from and after its
3-27 passage, and it is so enacted.