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.