1-1                                   AN ACT
 1-2     relating to the protection of playa lakes by certain home-rule
 1-3     municipalities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 401, Local Government Code, is amended by
 1-6     adding Section 401.004 to read as follows:
 1-7           Sec. 401.004.  PROTECTION OF PLAYA LAKES BY CERTAIN HOME-RULE
 1-8     MUNICIPALITIES.  (a)  In this section, "playa lake" means a natural
 1-9     saucer-like depression in the topography, typically having a clayey
1-10     bottom that is normally located in an arid or semiarid part of the
1-11     state and collects runoff from rain but is subject to rapid
1-12     evaporation. The term includes all areas within the basin projected
1-13     to be inundated by pooled storm water runoff, as determined by an
1-14     engineering analysis performed according to the specific
1-15     requirements adopted by and in effect for a municipality.
1-16           (b)  The governing body of a home-rule municipality with a
1-17     population of 185,000 or more may regulate the filling of a playa
1-18     lake within the municipality's extraterritorial jurisdiction as a
1-19     means for the effective management of storm water runoff to
1-20     prevent:
1-21                 (1)  harmful flooding; or
1-22                 (2)  excess surface water.
1-23           (c)  A regulation adopted under this section may not:
1-24                 (1)  interfere with normal agricultural practices,
 2-1     including moving soil, berming for tail water reuse, plowing,
 2-2     seeding, cultivating, and harvesting for the production of food or
 2-3     fiber; or
 2-4                 (2)  prohibit any practice or activity that does not
 2-5     decrease the water holding capacity of a playa lake.
 2-6           SECTION 2.  This Act takes effect September 1, 1999.
 2-7           SECTION 3.  The importance of this legislation and the
 2-8     crowded condition of the calendars in both houses create an
 2-9     emergency and an imperative public necessity that the
2-10     constitutional rule requiring bills to be read on three several
2-11     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 963 was passed by the House on March
         25, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 963 on May 5, 1999, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 963 was passed by the Senate, with
         amendments, on May 3, 1999, by the following vote:  Yeas 30, Nays
         0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor