By Hawley                                             H.B. No. 1832
         76R7534 MI-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the implementation and financing of approved management
 1-3     plans for designated estuaries of national significance in the
 1-4     state.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  DEFINITIONS.  In this Act:
 1-7                 (1)  "Approved implementation program" means an
 1-8     implementation plan identified as part of an approved comprehensive
 1-9     conservation and management plan.
1-10                 (2)  "Approved comprehensive conservation and
1-11     management plan" means an estuary management plan that is prepared
1-12     through the efforts of citizens, organizations, industries, local
1-13     governments, and state and national agencies working together as
1-14     part of the National Estuary Program to develop long-term
1-15     comprehensive conservation and management plans (CCMPs) and that
1-16     has been approved by the governor of Texas and the administrator of
1-17     the United States Environmental Protection Agency to protect the
1-18     environment and the economies of the state and of the regions with
1-19     estuaries.  The term includes the plans for Galveston Bay and the
1-20     Coastal Bend estuaries.
1-21                 (3)  "Implementing agency" means the entity identified
1-22     for day-to-day administration of an estuary program.  An
1-23     implementing agency may be a state agency or other local or
1-24     regional entity, as identified in an approved estuary management
 2-1     plan.
 2-2                 (4)  "National Estuary Program" means the cooperative
 2-3     estuary management program authorized by and developed under
 2-4     Section 320 of the Federal Water Pollution Control Act (33 U.S.C.
 2-5     Section 1330), as amended.
 2-6           SECTION 2.  RECOGNITION OF NATIONAL SIGNIFICANCE OF ESTUARIES
 2-7     OF TEXAS COAST.  The state recognizes the state and national
 2-8     significance of estuaries on the Texas coast and that the
 2-9     cooperative efforts created by the National Estuary Program serve a
2-10     public and state purpose.  By virtue of that state purpose, an
2-11     approved implementation program is eligible to receive state funds
2-12     through a grant program administered by the Texas Natural Resource
2-13     Conservation Commission.
2-14           SECTION 3.  FINDING OF BENEFIT AND PUBLIC PURPOSE.  The state
2-15     recognizes the importance of implementing estuary management plans
2-16     by protecting and improving water quality and restoring estuarine
2-17     habitat that makes the bays and estuaries productive, protecting
2-18     the economies of those areas, and continuing the involvement of the
2-19     public and the many interests who use and appreciate the estuarine
2-20     resources of Texas.  State and local government participation in
2-21     estuary programs to protect natural resources serves a public use
2-22     and benefit.  The state and the implementing agencies recognize the
2-23     prerogatives of local governments and the sanctity of private
2-24     property rights.
2-25           SECTION 4.  LEAD STATE AGENCY.  The Texas Natural Resource
2-26     Conservation Commission is the lead state agency for the
2-27     implementation of approved  comprehensive conservation and
 3-1     management plans developed under the National Estuary Program.  The
 3-2     commission may accept federal grants for purposes of this Act and
 3-3     may award grants and enter into contracts with an implementing
 3-4     agency for the implementation of approved plans under this Act.
 3-5           SECTION 5.  STATE AGENCY PARTICIPATION.  The following state
 3-6     agencies shall participate and provide assistance to the estuary
 3-7     programs in implementing approved comprehensive conservation and
 3-8     management plans:
 3-9                 (1)  the General Land Office;
3-10                 (2)  the Parks and Wildlife Department;
3-11                 (3)  the Texas Department of Transportation;
3-12                 (4)  the Railroad Commission of Texas;
3-13                 (5)  the State Soil and Water Conservation Board;
3-14                 (6)  the Texas Water Development Board; and
3-15                 (7)  the Texas Department of Health.
3-16           SECTION 6.  ESTUARY PROGRAM OFFICES.  To accomplish the
3-17     purposes of this Act, the estuary program office of any estuary of
3-18     the state included in the National Estuary Program and for which
3-19     the Texas Natural Resource Conservation Commission is the
3-20     implementing agency shall be maintained in the region of the
3-21     estuary involved.
3-22           SECTION 7.  IMPLEMENTATION FUNDING.  Funding for the
3-23     implementation of approved comprehensive conservation and
3-24     management plans is to be shared by the state, local governments in
3-25     the area of the estuaries, the federal government, and other
3-26     participants.
3-27           SECTION 8.  ELIGIBILITY FOR STATE FUNDING.  A comprehensive
 4-1     conservation and management plan is eligible for state funding to
 4-2     assist in implementation of the plan if:
 4-3                 (1)  the estuary involved has been designated jointly
 4-4     by the governor and the United States Environmental Protection
 4-5     Agency as an estuary of national significance in accordance with
 4-6     Section 320 of the Federal Water Pollution Control Act (33 U.S.C.
 4-7     Section 1330), as amended; and
 4-8                 (2)  the comprehensive conservation and management plan
 4-9     for the estuary involved, together with the accompanying
4-10     implementation plan, has been completed and approved.
4-11           SECTION 9.  ADMINISTRATION.  The Texas Natural Resource
4-12     Conservation Commission, as the lead state agency for administering
4-13     the state's share of funds, and any state agency designated as an
4-14     implementing agency for an approved comprehensive conservation and
4-15     management plan may accept and make grants and enter into contracts
4-16     to accomplish the actions identified in the approved plan and to
4-17     further the purposes of this Act.
4-18           SECTION 10.  EMERGENCY.  The importance of this legislation
4-19     and the crowded condition of the calendars in both houses create an
4-20     emergency and an imperative public necessity that the
4-21     constitutional rule requiring bills to be read on three several
4-22     days in each house be suspended, and this rule is hereby suspended,
4-23     and that this Act take effect and be in force from and after its
4-24     passage, and it is so enacted.