By Gray H.B. No. 2561
76R8686 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. Chapter 5, Water Code, is amended by adding
1-7 Subchapter M to read as follows:
1-8 SUBCHAPTER M. ESTUARY MANAGEMENT PLANS
1-9 Sec. 5.551. DEFINITIONS. In this subchapter:
1-10 (1) "Approved implementation program" means an
1-11 implementation plan identified as part of an approved comprehensive
1-12 conservation and management plan.
1-13 (2) "Approved comprehensive conservation and
1-14 management plan" means an estuary management plan that is prepared
1-15 through the efforts of citizens, organizations, industries, local
1-16 governments, and state and national agencies working together as
1-17 part of the National Estuary Program to develop long-term
1-18 comprehensive conservation and management plans (CCMPs) and that
1-19 has been approved by the governor of Texas and the administrator of
1-20 the United States Environmental Protection Agency to protect the
1-21 environment and the economies of the state and of the regions with
1-22 estuaries. The term includes the plans for Galveston Bay and the
1-23 Coastal Bend estuaries.
1-24 (3) "Implementing agency" means the entity identified
2-1 for day-to-day administration of an estuary program. An
2-2 implementing agency may be a state agency or other local or
2-3 regional entity, as identified in an approved estuary management
2-4 plan.
2-5 (4) "National Estuary Program" means the cooperative
2-6 estuary management program authorized by and developed under
2-7 Section 320 of the Federal Water Pollution Control Act (33 U.S.C.
2-8 Section 1330), as amended.
2-9 Sec. 5.552. RECOGNITION OF NATIONAL SIGNIFICANCE OF
2-10 ESTUARIES OF TEXAS COAST. The state recognizes the state and
2-11 national significance of estuaries on the Texas coast and that the
2-12 cooperative efforts created by the National Estuary Program serve a
2-13 public and state purpose. By virtue of that state purpose, an
2-14 approved implementation program established under the National
2-15 Estuary Program is eligible to receive state funds through a grant
2-16 program administered by the commission.
2-17 Sec. 5.553. FINDING OF BENEFIT AND PUBLIC PURPOSE. The
2-18 state recognizes the importance of implementing estuary management
2-19 plans by protecting and improving water quality and restoring
2-20 estuarine habitat that makes the bays and estuaries productive,
2-21 protecting the economies of those areas, and continuing the
2-22 involvement of the public and the many interests who use and
2-23 appreciate the estuarine resources of Texas. State and local
2-24 government participation in estuary programs to protect natural
2-25 resources serves a public use and benefit. The state and the
2-26 implementing agencies recognize the prerogatives of local
2-27 governments and the sanctity of private property rights.
3-1 Sec. 5.554. LEAD STATE AGENCY. The commission is the lead
3-2 state agency for the implementation of approved comprehensive
3-3 conservation and management plans developed under the National
3-4 Estuary Program. The commission may accept federal grants for
3-5 purposes of this Act and may award grants and enter into contracts
3-6 with an implementing agency for the implementation of approved
3-7 plans under this subchapter.
3-8 Sec. 5.555. STATE AGENCY PARTICIPATION. (a) The following
3-9 state agencies shall participate and provide assistance to the
3-10 estuary programs in implementing approved comprehensive
3-11 conservation and management plans:
3-12 (1) the General Land Office;
3-13 (2) the Parks and Wildlife Department;
3-14 (3) the Texas Department of Transportation;
3-15 (4) the Railroad Commission of Texas;
3-16 (5) the State Soil and Water Conservation Board;
3-17 (6) the Texas Water Development Board; and
3-18 (7) the Texas Department of Health.
3-19 (b) Other state agencies may participate as necessary or
3-20 convenient.
3-21 Sec. 5.556. ESTUARY PROGRAM OFFICES. To accomplish the
3-22 purposes of this subchapter, the estuary program office of any
3-23 estuary of the state included in the National Estuary Program and
3-24 for which the commission is the implementing agency shall be
3-25 maintained in the region of the estuary involved.
3-26 Sec. 5.557. IMPLEMENTATION FUNDING. Funding for the
3-27 implementation of approved comprehensive conservation and
4-1 management plans is to be shared by the state, local governments in
4-2 the area of the estuaries, the federal government, and other
4-3 participants.
4-4 Sec. 5.558. ELIGIBILITY FOR STATE FUNDING. A comprehensive
4-5 conservation and management plan is eligible for state funding to
4-6 assist in implementation of the plan if:
4-7 (1) the estuary involved has been designated jointly
4-8 by the governor and the United States Environmental Protection
4-9 Agency as an estuary of national significance in accordance with
4-10 Section 320 of the Federal Water Pollution Control Act (33 U.S.C.
4-11 Section 1330), as amended; and
4-12 (2) the comprehensive conservation and management plan
4-13 for the estuary involved, together with the accompanying
4-14 implementation plan, has been completed and approved.
4-15 Sec. 5.559. ADMINISTRATION. The commission, as the lead
4-16 state agency for administering the state's share of funds, and any
4-17 state agency designated as an implementing agency for an approved
4-18 comprehensive conservation and management plan may accept and make
4-19 grants and enter into contracts to accomplish the actions
4-20 identified in the approved plan and to further the purposes of this
4-21 subchapter.
4-22 SECTION 2. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
4-26 days in each house be suspended, and this rule is hereby suspended,
4-27 and that this Act take effect and be in force from and after its
5-1 passage, and it is so enacted.