76R11873 MI-F
By Kuempel H.B. No. 3079
Substitute the following for H.B. No. 3079:
By Kuempel C.S.H.B. No. 3079
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the development and financing of a statewide aquatic
1-3 vegetation management plan.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 11, Parks and Wildlife Code, is amended
1-6 by adding Subchapter G to read as follows:
1-7 SUBCHAPTER G. AQUATIC VEGETATION MANAGEMENT
1-8 Sec. 11.081. DEFINITIONS. In this subchapter:
1-9 (1) "Governing entity" means the state agency or other
1-10 political subdivision with jurisdiction over a public body of
1-11 surface water.
1-12 (2) "Integrated pest management" means the coordinated
1-13 use of pest and environmental information and pest control methods
1-14 to prevent unacceptable levels of pest damage by the most
1-15 economical means and in a manner that will cause the least possible
1-16 hazard to persons, property, and the environment.
1-17 (3) "Local plan" means a local aquatic vegetation
1-18 management plan authorized by Section 11.083.
1-19 (4) "Public body of surface water" means any body of
1-20 surface water that is not used exclusively for an agricultural
1-21 purpose. The term does not include impounded water on private
1-22 property.
1-23 (5) "State plan" means the state aquatic vegetation
1-24 management plan authorized by Section 11.082 and developed and
2-1 implemented under this subchapter.
2-2 (6) "Water district" means a conservation and
2-3 reclamation district or an authority created under authority of
2-4 Section 52(b)(1) or (2), Article III, or Section 59, Article XVI,
2-5 Texas Constitution, that has jurisdiction over a public body of
2-6 surface water. The term does not include a navigation district or
2-7 a port authority.
2-8 Sec. 11.082. STATE AQUATIC VEGETATION MANAGEMENT PLAN. (a)
2-9 The department shall develop and by rule adopt a state aquatic
2-10 vegetation management plan following the generally accepted
2-11 principles of integrated pest management.
2-12 (b) The department shall develop the state plan in
2-13 coordination with the Texas Natural Resource Conservation
2-14 Commission, the Department of Agriculture, water districts and
2-15 other political subdivisions of the state with jurisdiction over
2-16 public bodies of surface water, and public drinking water
2-17 providers.
2-18 (c) The state plan must:
2-19 (1) establish minimum standards for a governing entity
2-20 that regulates a public body of surface water;
2-21 (2) require that any application of aquatic herbicide
2-22 complies with label rates approved by the United States
2-23 Environmental Protection Agency;
2-24 (3) ensure that any public drinking water provider
2-25 that has an intake within two river miles of a site at which an
2-26 application of aquatic herbicide is proposed to occur receives
2-27 notice of the proposed application not later than the 14th day
3-1 before the date the application is to occur;
3-2 (4) provide for the coordination, oversight, public
3-3 notification, and enforcement of all aquatic herbicide use to
3-4 protect state fish and wildlife resources and habitat and to
3-5 prevent unreasonable risk from the use of any aquatic herbicide;
3-6 and
3-7 (5) ensure that any aquatic herbicide application
3-8 under a plan will not result in exceeding:
3-9 (A) the maximum contaminant level of the
3-10 herbicide in finished drinking water as set by the Texas Natural
3-11 Resource Conservation Commission and the United States
3-12 Environmental Protection Agency; or
3-13 (B) the maximum label rate, if the aquatic
3-14 herbicide does not have a maximum contaminant level established by
3-15 the Texas Natural Resource Conservation Commission and the United
3-16 States Environmental Protection Agency.
3-17 Sec. 11.083. LOCAL AQUATIC VEGETATION MANAGEMENT PLAN. (a)
3-18 A governing entity must adopt the state plan or develop and adopt a
3-19 local aquatic vegetation management plan. A local plan must be
3-20 approved by the department, the Texas Natural Resource Conservation
3-21 Commission, and the Department of Agriculture.
3-22 (b) A local plan may take into account the particular needs
3-23 and uses of the public bodies of surface water to which it will
3-24 apply, but the plan may not be approved unless the plan meets the
3-25 minimum standards set by the state plan. The local plan may allow
3-26 herbicide use if the person proposing to apply the herbicide
3-27 notifies the governing entity not later than the 14th day before
4-1 the proposed date of application.
4-2 Sec. 11.084. APPLICATION OF AQUATIC HERBICIDE IN PUBLIC BODY
4-3 OF SURFACE WATER. (a) No person may apply aquatic herbicide in a
4-4 public body of surface water unless:
4-5 (1) the governing entity with jurisdiction over that
4-6 body of water has adopted the state plan or a local plan applicable
4-7 to that body of water; and
4-8 (2) the herbicide is applied in a manner consistent
4-9 with the plan adopted by the governing entity.
4-10 (b) State money may not be used to pay for treatment of a
4-11 public body of surface water with a chemical herbicide unless the
4-12 application of the herbicide is performed by an applicator licensed
4-13 for aquatic herbicide application by the Department of
4-14 Agriculture.
4-15 (c) An individual who does not hold an applicator's license
4-16 and who desires to apply an aquatic herbicide on a public body of
4-17 surface water shall give written notice not later than the 14th day
4-18 before the date the application of the aquatic herbicide is to
4-19 occur to the governing entity with jurisdiction over the body of
4-20 water on which the application of the herbicide is proposed. The
4-21 governing entity shall respond to the individual's application not
4-22 later than the day before the date the application of the aquatic
4-23 herbicide is to occur. The individual may not apply the aquatic
4-24 herbicide unless the governing entity finds that the application
4-25 will be consistent with the state or local plan adopted by the
4-26 entity.
4-27 (d) The state plan may provide for use of an aquatic
5-1 herbicide consistent with the plan if:
5-2 (1) the individual who desires to apply the aquatic
5-3 herbicide gives notice to the appropriate governing entity in the
5-4 same manner as provided by Subsection (c) for an unlicensed
5-5 applicator; and
5-6 (2) the governing entity does not disapprove the
5-7 application.
5-8 (e) After receiving notice of a proposed application of
5-9 aquatic herbicide, the governing entity shall:
5-10 (1) provide the individual proposing the application
5-11 with a copy of the state or local plan, as appropriate;
5-12 (2) notify the individual in writing that it is a
5-13 violation of state law to apply aquatic herbicides in that body of
5-14 water in a manner inconsistent with the plan; and
5-15 (3) determine whether the proposed application is
5-16 consistent with the plan.
5-17 (f) The governing entity shall:
5-18 (1) prohibit a proposed application of aquatic
5-19 herbicide if the governing entity finds that the proposed
5-20 application is inconsistent with the appropriate plan; or
5-21 (2) notify the individual proposing the application of
5-22 the herbicide that the proposed application is not inconsistent
5-23 with the appropriate plan if the governing entity finds that the
5-24 proposed application is not inconsistent with the plan.
5-25 Sec. 11.085. LIABILITY. (a) The liability under other law
5-26 of a governing entity that receives notice of a proposed
5-27 application of aquatic herbicide is not affected by the
6-1 requirements of this subchapter.
6-2 (b) Notice by a governing entity to an individual under
6-3 Section 11.084(f)(2) does not constitute authorization by that
6-4 entity for the application of the herbicide.
6-5 (c) This subchapter does not relieve an individual who
6-6 applies aquatic herbicide to a public body of surface water of the
6-7 obligation to comply with all applicable federal, state, or local
6-8 laws, rules, ordinances, or orders relating to the application of
6-9 the herbicide in the body of water.
6-10 Sec. 11.086. RECORDS. A governing entity shall maintain for
6-11 not less than five years all records relating to notifications
6-12 received under Section 11.084 and any other information relevant to
6-13 a particular individual request for shoreline treatment.
6-14 SECTION 2. Chapter 15, Water Code, is amended by adding
6-15 Subchapter N to read as follows:
6-16 SUBCHAPTER N. AQUATIC VEGETATION MANAGEMENT FUND
6-17 Sec. 15.851. DEFINITIONS. In this subchapter:
6-18 (1) "Approved local plan" means a local plan
6-19 authorized by Section 11.083, Parks and Wildlife Code, that has
6-20 been approved by the Parks and Wildlife Commission, the Texas
6-21 Natural Resource Conservation Commission, and the Department of
6-22 Agriculture as required by Section 11.083, Parks and Wildlife Code.
6-23 (2) Notwithstanding Section 15.001, "fund" means the
6-24 aquatic vegetation management fund established under this
6-25 subchapter.
6-26 (3) Notwithstanding Section 15.001, "political
6-27 subdivision" means a municipality, a county, a water district, or a
7-1 state agency.
7-2 (4) "Water district" means a conservation and
7-3 reclamation district or an authority created under authority of
7-4 Section 52(b)(1) or (2), Article III, or Section 59, Article XVI,
7-5 Texas Constitution, that has jurisdiction over a public body of
7-6 surface water. The term does not include a navigation district or
7-7 a port authority.
7-8 Sec. 15.852. CREATION OF FUND. (a) The aquatic vegetation
7-9 management fund is a special account in the water assistance fund.
7-10 (b) The fund consists of:
7-11 (1) money appropriated to the board for the program
7-12 established under this subchapter and Subchapter G, Chapter 11,
7-13 Parks and Wildlife Code;
7-14 (2) money transferred by the board from other accounts
7-15 in the water assistance fund under Section 15.011(b); and
7-16 (3) interest earned on the investment of money in the
7-17 fund.
7-18 Sec. 15.853. USE OF FUND. (a) Money in the fund may be
7-19 used only for the following purposes, in the following order of
7-20 priority:
7-21 (1) grants to the Parks and Wildlife Department:
7-22 (A) to develop a state aquatic vegetation
7-23 management plan in coordination with the Texas Natural Resource
7-24 Conservation Commission, the Department of Agriculture, water
7-25 districts and other political subdivisions with jurisdiction over
7-26 public bodies of surface water, and public drinking water
7-27 providers, as required by Section 11.082, Parks and Wildlife Code;
8-1 or
8-2 (B) for research, outreach, and educational
8-3 activities that relate to vegetation control;
8-4 (2) grants to political subdivisions to develop local
8-5 aquatic vegetation management plans that conform to the state
8-6 aquatic vegetation management plan, as authorized by Section
8-7 11.083, Parks and Wildlife Code; and
8-8 (3) grants to political subdivisions to manage aquatic
8-9 vegetation infestations under the state plan or the approved local
8-10 plan adopted by the political subdivision.
8-11 (b) The amount of funding for the purposes authorized by
8-12 Subsection (a) may not exceed amounts equal to the following
8-13 percentages of any biennial appropriation to the board for use
8-14 under this subchapter:
8-15 (1) 30 percent, for purposes authorized by Subsection
8-16 (a)(1); and
8-17 (2) 70 percent, for purposes authorized by Subsections
8-18 (a)(2) and (3), of which not more than 35 percent may be used for
8-19 purposes authorized by Subsection (a)(3) using chemical treatments.
8-20 Sec. 15.854. RULES. The board shall adopt rules necessary
8-21 to administer this subchapter, including rules establishing
8-22 procedures for application for and award of grants, distribution of
8-23 grants, and administration of grants and the grant program
8-24 established under this subchapter.
8-25 SECTION 3. Section 15.002(a), Water Code, is amended to read
8-26 as follows:
8-27 (a) The legislature finds that it is in the public interest
9-1 and to the benefit of the general public of the state to encourage
9-2 and to assist in the planning and construction of projects to
9-3 develop and conserve the storm water and floodwater as well as the
9-4 ordinary flows of the rivers and streams of the state, to maintain
9-5 and enhance the quality of the water of the state, to provide
9-6 protection to the state's citizens from the floodwater of the
9-7 rivers and streams of the state, to provide drainage, subsidence
9-8 control, public beach nourishment, recharge, chloride control, and
9-9 desalinization, to provide for the management of aquatic
9-10 vegetation, and other purposes as provided by law or board rule.
9-11 SECTION 4. Section 15.011(b), Water Code, is amended to read
9-12 as follows:
9-13 (b) After notice and hearing and subject to any limitations
9-14 established by the General Appropriations Act, the board may
9-15 transfer money from the fund to the loan fund created under
9-16 Subchapter C of this chapter, the storage acquisition fund created
9-17 under Subchapter E of this chapter, the research and planning fund
9-18 created under Subchapter F of this chapter, [and] the hydrographic
9-19 survey account created under Subchapter M of this chapter, provided
9-20 the hydrographic survey account transfer does not exceed $425,000,
9-21 and the aquatic vegetation management fund created under Subchapter
9-22 N of this chapter.
9-23 SECTION 5. Section 15.012(c), Water Code, is amended to read
9-24 as follows:
9-25 (c) Money appropriated to the fund by the legislature for a
9-26 specific purpose stated in Subchapter C, E, F, [or] M, or N of this
9-27 chapter shall be placed in the appropriate fund created by that
10-1 subchapter.
10-2 SECTION 6. (a) Except as provided by Subsections (b) and
10-3 (c) of this section, this Act takes effect September 1, 1999.
10-4 (b) The Parks and Wildlife Commission is required to
10-5 implement this Act only if the legislature appropriates money
10-6 specifically for that purpose. If the legislature does not
10-7 appropriate money specifically for that purpose, the commission
10-8 may, but is not required to, implement this Act.
10-9 (c) Sections 11.083, 11.084, 11.085, and 11.086, Parks and
10-10 Wildlife Code, as added by this Act, take effect on the date on
10-11 which the Texas Parks and Wildlife Commission publishes notice in
10-12 the Texas Register of the final adoption of a state aquatic
10-13 vegetation management plan under Section 11.082, Parks and Wildlife
10-14 Code, as added by this Act.
10-15 SECTION 7. The importance of this legislation and the
10-16 crowded condition of the calendars in both houses create an
10-17 emergency and an imperative public necessity that the
10-18 constitutional rule requiring bills to be read on three several
10-19 days in each house be suspended, and this rule is hereby suspended.