SRC-ARR H.B. 3079 76(R)BILL ANALYSIS


Senate Research CenterH.B. 3079
76R11873 MI-FBy: Kuempel (Brown)
Natural Resources
5/14/1999
Committee Report (Amended)


DIGEST 

Widespread aquatic plant problems in Texas began with the appearance of the
water hyacinth. The Texas Parks and Wildlife Department has a statewide
aquatic plant control program to control nuisance aquatic plants. In 1965,
the program was discontinued because of new federal laws and herbicide
restrictions. H.B. 3079 sets forth the development and financing of a
statewide aquatic vegetation management plan. 

PURPOSE

As proposed, H.B. 3079 sets forth the development and financing of a
statewide aquatic vegetation management plan. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Parks and Wildlife Department
in SECTION 1 (Section 11.082(a), Parks and Wildlife Code) and the Texas
Water Development Board in SECTION 2 (Section 15.854, Water Code) of this
bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 11, Parks and Wildlife Code, by adding Subchapter
G, as follows: 

SUBCHAPTER G. AQUATIC VEGETATION MANAGEMENT 

Sec. 11.081. DEFINITIONS. Defines "governing entity," "integrated pest
management," "local plan," "public body of water," "state plan," and "water
district." 

Sec. 11.082. STATE AQUATIC VEGETATION MANAGEMENT PLAN. Requires the Parks
and Wildlife Department (department) to develop and by rule adopt a state
aquatic vegetation management plan following the general accepted
principles of integrated pest management. Requires the state plan to apply
throughout the state unless a governmental entity has adopted an approved
local plan. Requires the department to develop the state plan in
coordination with the Texas Natural Resource Conservation Commission
(TNRCC), water districts the Department of Agriculture (TDA), and other
political subdivisions of the state with jurisdiction over public bodies of
surface water, and public drinking water providers. Requires the state plan
to take certain actions.   

Sec. 11.083. LOCAL AQUATIC VEGETATION MANAGEMENT PLAN. Authorizes  a
governing entity to develop and adopt a local aquatic vegetation management
plan. Requires the plan to be approved by the department, TNRCC, and TDA.
Sets forth certain requirements of the local aquatic vegetation management
plan.  

Sec. 11.084. APPLICATION OF AQUATIC HERBICIDE IN PUBLIC BODY OR SURFACE
WATER. Provides that no person may apply aquatic herbicides in a public
body of surface water unless the herbicide is applied in a manner
consistent with the plan adopted by the governing entity. Prohibits money
from being used to pay for treatment of a public body of surface water with
chemical herbicide unless the application is performed by an application
licensed by TDA. Sets forth certain requirements for a person to apply
aquatic  herbicides. Authorizes the state plan to provide for use of an
aquatic herbicide consistent with the plan if certain conditions are met.
Requires the governing entity to take certain action, after receiving
notice of a proposed application of aquatic herbicide. Requires the
governing body to take certain action.   

Sec. 11.085. LIABILITY. Provides that the liability under other law of a
governing entity that receives notice of a proposed application of aquatic
herbicide is not affected by the by requirements of this subchapter.
Provides that notice by a governing entity to an individual under Section
11.084(f)(2) does not constitute authorization by that entity for the
application of the herbicide. Provides that this subchapter does not
relieve an individual who applies aquatic herbicide to a public body of
surface water of the obligation to comply with all applicable federal,
state, or local, laws, rules, ordinances, or orders relating to the
application of the herbicide in the body of water.  

Sec. 11.086. RECORDS. Requires the entity to maintain for not less than
five years all records relating to notifications received under Section
11.084 and any other information relevant to a particular individual
request for shoreline treatment.  

SECTION 2. Amends Chapter 15, Water Code, by adding Subchapter N, as
follows: 

SUBCHAPTER N. AQUATIC VEGETATION MANAGEMENT FUND

Sec. 15.851. DEFINITIONS. Defines "approved local plan" "fund," political
subdivision,"and "water district." 

Sec. 15.825. CREATION OF FUND. Sets forth the creation of the aquatic
vegetation management fund. 

Sec. 15.852. USE OF FUND. Authorizes money in the fund to be used for
certain purposes. Prohibits the amount of funding for the purpose
authorized by this subsection from exceeding amounts equal to certain
percentages.  

Sec. 15.854. RULES. Requires the Texas Water Development Board (board) to
adopt necessary rules establishing procedures for application for and award
of grants, and administration of grants and the grant program established
under this subchapter.  

SECTION 3. Amends Section 15.002(a), Water Code, to provide that the
legislature finds that it is in the public interest to provide vegetation
management of aquatic vegetation.  

SECTION 4. Amend Section 15.011(b), Water Code, to include the aquatic
vegetation management fund created under Subchaper N of this chapter among
the funds to which the board is authorized to transfer money from the fund.

SECTION 5. Amends Section 15.012(c), Water Code, to make a conforming
change.  

SECTION 6. Effective date: September 1, 1999, except as provided by
Subsection (b) and (c) of this section. Provides that the Parks and
Wildlife Commission is required to implement this Act only if the
legislature appropriates money specifically for that purpose. Provides that
Sections 11.083, 11.084, 11.085, and 11.086, Parks and Wildlife Code, as
added by this Act, take effect on the date on which the Parks and Wildlife
Commission publishes notice in the Texas Register of the final adoption of
a state aquatic Code. 

SECTION 7. Emergency clause.