SRC-ARR C.S.S.B. 873 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 873
By: Brown
Natural Resources
3/18/1999
Committee Report (Substituted)


DIGEST 

Currently, Texas is the largest producer of farm-raised shrimp in the
country. In 1998, shrimp farm harvest was approximately 3.2 million pounds,
with a total economic impact estimated at $29.1 million. The volume and
content of wastewater discharge from aquaculture facilities has sparked
concern about state bays and estuaries: disease-contaminated wastewater
discharge, water quality, and general location of coastal aquaculture
facilities. C.S.S.B. 873 would regulate aquaculture. 

PURPOSE

As proposed, S.B. 873 regulates aquaculture.

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Agriculture in
SECTION 1 (Section 134.005(a), Agriculture Code) and to the Texas
Department of Parks and Wildlife and the Texas Parks and Wildlife
Commission in SECTION 7 (Sections 66.007(g) and (h), Parks and Wildlife
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 134A, Agriculture Code, as follows:

Sec. 134.001. DEFINITIONS. Redefines "cultured species," exotic species,"
"aquaculturist" and  "fish farmer." Defines "operator," "commercial
aquaculture facility," "new aquaculture facility," and "coastal zone."
Deletes the definition of "owner." 

Sec. 134.002. AQUACULTURE PROGRAM. Authorizes the Department of Agriculture
(department) to promote aquaculture products, provide technical assistance,
provide support through governmental entities, solicit financial support
from the federal government for the aquaculture industry, and perform other
functions. Makes conforming changes.  

Sec. 134.003. PROGRAM ADMINISTRATOR; STAFF. Requires the department to
designate a person to administer the department's program. Makes a
conforming change. 

Sec. 134.004. CONTRACTS. Authorizes the department, the Texas Natural
Resource Conservation Commission (TNRCC), the Texas Animal Health
Commission (TAHC) and the Parks and Wildlife Department (TPWD) to contract
with state, federal, or private entities for assistance in carrying out the
purposes of this chapter. 

Sec. 134.005. RULES. Requires the department and TPWD to adopt rules to
carry out their respective duties under this chapter, rather than the
aquaculture program. Requires the department, by rule, to establish record
keeping requirements for a commercial aquaculture facility. Makes
conforming changes. 

 Sec. 134.006. AQUACULTURE FUND. Makes no change. 

SECTION 2. Amends Sections 134.011-134.014, Agriculture Code, as follows:

 Sec. 134.011. New heading: LICENSING. Requires the department to take
certain actions. Requires the department to provide a copy of each
aquaculture license application to the TPWD and the TNRCC. Prohibits the
department from issuing a license for a new aquaculture facility unless the
facility has been authorized by TNRCC to dispose of wastewater, or the
facility will not dispose of wastewater into waters in the state. 

Sec. 134.012. FISH FARM VEHICLE LICENSE REQUIRED. Requires a vehicle to
have a fish farm vehicle license, if the vehicle is used to transport
cultured species from a private facility, and the cultured species are sold
from the vehicle. Requires a person who operates a vehicle that is owned by
the holder of an aquaculture license to keep a copy of the license in the
vehicle when transporting culture species from a private facility. Deletes
text regarding transporting fish. 

Sec. 134.013. New heading: ADDITIONAL REQUIREMENTS FOR SHRIMP PRODUCTION
WITHIN THE COASTAL ZONE. Sets forth requirements for a commercial
aquaculture facility located within the coastal zone engaged in the
production of shrimp. Requires the department to require the applicant to
provide a report describing the existing environmental conditions at the
proposed site, including aquatic habitat and the conditions of the waters
in the state into which a discharge is proposed. Requires the report to
provide an assessment of any potential impact of the wastewater discharges
on sensitive aquatic habitats in the areas of the proposed site,
significant impacts related to the construction or operation of the
facility, and any mitigation actions proposed by the applicant, before
issuing a license to a new aquaculture facility. Requires the applicant to
provide the report required under Subsection (b) to TNRCC and the TPWD.
Prohibits TNRCC from issuing a wastewater discharge permit to a new
aquaculture facility designed for the commercial production of shrimp
located within the coastal zone without consideration of the report
described by Subsection (b).  Deletes existing section requiring a bill of
lading. 

Sec. 134.014. LICENSE FEES. Requires the department to issue an aquaculture
license or a fish farm vehicle license on completion of applicable license
requirements and the payment of a fee by the applicant, as provided by
department rule. 

SECTION 3. Amends Section 134.015(c), Agriculture Code, to authorize the
department to suspend an aquaculture license if it is determined that the
licensee has violated this chapter, a rule adopted under this chapter, or
Section 66.007, Parks and Wildlife Code. 

SECTION 4. Amends Section 134.016, Agriculture Code, as follows:

Sec. 134.016. RECORDS.  Requires the holder of an aquaculture license to
maintain a record of sale of cultured species for a period of time not less
than one year. Provides that the record is open for inspection by
designated employees of the Parks and Wildlife Department and the
department during normal business hours. Requires a record of sale for
commercially protected finfish to contain certain information. 

SECTION 5. Amends Section 134.023(b), Agriculture Code, to make a
conforming change. 

SECTION 6. Amends Section 134, Agriculture Code, by adding Subchapter C, as
follows: 

SUBCHAPTER C. INTERAGENCY COOPERATION

Sec. 134.031. MEMORANDUM OF UNDERSTANDING. Requires the department, TNRCC,
and TPWD to enter into a memorandum of understanding for the regulation of
matters related to aquaculture. Requires TNRCC, after receiving an
application for a wastewater discharge authorization from an aquaculture
facility, to provide a copy of the application to the department and the
TPWD. Requires the department, TNRCC, and TPWD, to each appoint one member
of a three-member application review committee to review the wastewater
discharge authorization application to ensure that the proposed discharge
will not adversely affect a bay, an estuary, or other waters in the state.
Authorizes TPWD, in consultation with TNRCC, to establish general
guidelines that identify sensitive aquatic  habitat within the coastal
zone. Requires the general guidelines to include factors such as presence
of sea grass beds, depth of receiving waters and amount of tidal exchange.
Requires TPWD to provide the guidelines to the TNRCC and the department, if
TPWD establishes the guidelines in Subsection (d). Requires TNRCC to
consider the guidelines when reviewing wastewater facilities located within
the coastal zone, or expansion or existing facilities located within the
coastal zone if the expansion will increase the amount of discharge, or
change the nature of the discharge, above levels allowed by the wastewater
discharge permit. 

SECTION 7. Amends Section 66.007, Parks and Wildlife Code, adding
Subsections (g)-(l), to authorize the Texas Parks and Wildlife Commission
(commission) to adopt rules to control a disease or agent of disease
transmission that may affect penaeid shrimp species and has the potential
to affect cultured species or other aquatic species. Requires the
department to immediately place the aquaculture facility under quarantine
condition, if one or more manifestations of disease is observed in any
cultured marine penaeid shrimp species. Requires the TDPW to determine, by
rule, the meaning of "manifestation of disease" and "quarantine condition."
Authorizes  TPDW to coordinate with  TAHC regarding testing for diseases.
Authorizes an operator to discharge wastewater or another substance from
the facility in accordance with an emergency plan that has been submitted
to and approved by the TPWD and incorporated into a wastewater discharge
authorization issued by TNRCC. Authorizes an operator to discharge
wastewater or another substance from an aquaculture facility under
quarantine conditions in accordance with an emergency plan that has been
submitted to and approved by the TPWD and incorporated  into a wastewater
discharge authorization issued by  TNRCC. Requires the TPWD to perform
certain immediate actions, on receiving notice from an owner of the
observance of manifestations of disease. 

SECTION 8. Amends Section 66.020(f), Parks and Wildlife Code, to authorize
the TPWD, rather than the commission, to provide a prenumbered invoice to a
person importing any of the fish described in by Subsection (a). 

SECTION 9. Amends Chapter 26B, Water Code, by adding Section 26.0345, as
follows: 

Sec. 26.0345. DISCHARGE FROM AQUACULTURE FACILITIES. Requires TNRCC, in
consultation with the Department of Agriculture, and TPWD, to establish
permit conditions relating to suspended solids in a discharge permit for an
aquaculture facility located within the coastal zone and engaged in shrimp
production that are based on levels and measures adequate to prevent
certain actions, in addition to wastewater permit conditions established
under the authority of Sections 5.102, 5.103, 5.120, and 26.040, Water
Code. Defines "coastal zone." 

SECTION 10. Repealer: the effective date of September 1, 1999, Chapter 1D,
Parks and Wildlife Code. Abolishes the aquaculture executive committee on
that date. 

SECTION 11. Effective date: September 1, 1999.

SECTION 12. Requires the Department of Agriculture, TNRCC, and TPWD as soon
as practicable on or after the effective date of this Act, enter into a
memorandum of understanding required by Section 134.031, Agriculture Code,
as added by this Act. 

SECTION 13. Emergency clause. 

SUMMARY OF COMMITTEE CHANGES

SECTION 2. 

 Amends Section 134.013, Agriculture Code, to make a nonsubstantive change.

SECTION 4. 

Amends Section 134.016, Agriculture Code, to require the holder of an
aquaculture license  to maintain a record of sale of cultured species for a
period of time not less than one year. Provides that the record is open for
inspection by designated employees of TPWD and the department during normal
business hours. Requires a record of sale for commercially protected
finfish to contain certain information. Deletes text regarding an invoice
for each shipment of an aquatic product shipped from a private facility for
commercial purposes as provided by Chapters 47 and 66, Parks and Wildlife
Code, and rules adopted by the Parks and Wildlife Commission. 

SECTION 7. 

Amends Sections 66.007(j) and (k), Parks and Wildlife Code, to authorize an
operator to discharge waster or another substance from the facility in
accordance with an emergency plan that has been submitted to and approved
by TPWD and incorporated into a wastewater discharge authorization issued
by  TNRCC. Authorizes an operator to discharge wastewater or another
substance from an aquaculture facility under quarantine conditions in
accordance with an emergency plan that has been submitted to and approved
by the TPWD and incorporated into a wastewater discharge authorization
issued by TNRCC. Deletes text requiring commission rule incorporated in
consultation with TNRCC and TAHC. 

SECTION 9. 

 Amends Section 26.0345, Water Code, to make a nonsubstantive change.