By Kuempel H.B. No. 3079
76R6962 MI-F
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; and
2-24 (3) ensure that any public drinking water provider
2-25 that has an intake within two 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 Sec. 11.083. LOCAL AQUATIC VEGETATION MANAGEMENT PLAN. (a)
3-3 A governing entity must adopt the state plan or develop and adopt a
3-4 local aquatic vegetation management plan. A local plan must be
3-5 approved by the department, the Texas Natural Resource Conservation
3-6 Commission, and the Department of Agriculture.
3-7 (b) A local plan may take into account the particular needs
3-8 and uses of the public bodies of surface water to which it will
3-9 apply, but the plan may not be approved unless the plan meets the
3-10 minimum standards set by the state plan. The local plan may allow
3-11 herbicide use if the person proposing to apply the herbicide
3-12 notifies the governing entity not later than the 14th day before
3-13 the proposed date of application.
3-14 Sec. 11.084. APPLICATION OF AQUATIC HERBICIDE IN PUBLIC BODY
3-15 OF SURFACE WATER. (a) No person may apply aquatic herbicide in a
3-16 public body of surface water unless:
3-17 (1) the governing entity with jurisdiction over that
3-18 body of water has adopted the state plan or a local plan applicable
3-19 to that body of water; and
3-20 (2) the herbicide is applied in a manner consistent
3-21 with the plan adopted by the governing entity.
3-22 (b) State money may not be used to pay for treatment of a
3-23 public body of surface water with a chemical herbicide unless the
3-24 application of the herbicide is performed by a commercially
3-25 licensed applicator instructed in aquatic herbicide application by
3-26 the Department of Agriculture.
3-27 (c) An individual who does not hold an applicator's license
4-1 and who desires to apply an aquatic herbicide on a public body of
4-2 surface water shall give written notice not later than the 14th day
4-3 before the date the application of the aquatic herbicide is to
4-4 occur to the governing entity with jurisdiction over the body of
4-5 water on which the application of the herbicide is proposed. The
4-6 individual may not apply the aquatic herbicide unless the governing
4-7 entity finds that the application will be consistent with the state
4-8 or local plan adopted by the entity.
4-9 (d) After receiving notice of a proposed application of
4-10 aquatic herbicide, the governing entity shall:
4-11 (1) provide the individual proposing the application
4-12 with a copy of the state or local plan, as appropriate;
4-13 (2) notify the individual in writing that it is a
4-14 violation of state law to apply aquatic herbicides in that body of
4-15 water in a manner inconsistent with the plan; and
4-16 (3) determine whether the proposed application is
4-17 consistent with the plan.
4-18 (e) The governing entity shall:
4-19 (1) prohibit a proposed application of aquatic
4-20 herbicide if the governing entity finds that the proposed
4-21 application is inconsistent with the appropriate plan; or
4-22 (2) notify the individual proposing the application of
4-23 the herbicide that the proposed application is not inconsistent
4-24 with the appropriate plan if the governing entity finds that the
4-25 proposed application is not inconsistent with the plan.
4-26 Sec. 11.085. LIABILITY. (a) The liability under other law
4-27 of a governing entity that receives notice of a proposed
5-1 application of aquatic herbicide is not affected by the
5-2 requirements of this subchapter.
5-3 (b) Notice by a governing entity to an individual under
5-4 Section 11.084(e)(2) does not constitute authorization by that
5-5 entity for the application of the herbicide.
5-6 (c) This subchapter does not relieve an individual who
5-7 applies aquatic herbicide to a public body of surface water of the
5-8 obligation to comply with all applicable federal, state, or local
5-9 laws, rules, ordinances, or orders relating to the application of
5-10 the herbicide in the body of water.
5-11 Sec. 11.086. RECORDS. A governing entity shall maintain for
5-12 not less than five years all records relating to notifications
5-13 received under Section 11.084 and any other information relevant to
5-14 a particular individual request for shoreline treatment.
5-15 SECTION 2. Chapter 15, Water Code, is amended by adding
5-16 Subchapter N to read as follows:
5-17 SUBCHAPTER N. AQUATIC VEGETATION MANAGEMENT FUND
5-18 Sec. 15.851. DEFINITIONS. In this subchapter:
5-19 (1) "Approved local plan" means a local plan
5-20 authorized by Section 11.083, Parks and Wildlife Code, that has
5-21 been approved by the Parks and Wildlife Commission, the Texas
5-22 Natural Resource Conservation Commission, and the Department of
5-23 Agriculture as required by Section 11.083, Parks and Wildlife Code.
5-24 (2) Notwithstanding Section 15.001, "fund" means the
5-25 aquatic vegetation management fund established under this
5-26 subchapter.
5-27 (3) Notwithstanding Section 15.001, "political
6-1 subdivision" means a municipality, a county, a water district, or a
6-2 state agency.
6-3 (4) "Water district" means a conservation and
6-4 reclamation district or an authority created under authority of
6-5 Section 52(b)(1) or (2), Article III, or Section 59, Article XVI,
6-6 Texas Constitution, that has jurisdiction over a public body of
6-7 surface water. The term does not include a navigation district or
6-8 a port authority.
6-9 Sec. 15.852. CREATION OF FUND. (a) The aquatic vegetation
6-10 management fund is a special account in the water assistance fund.
6-11 (b) The fund consists of:
6-12 (1) money appropriated to the board for the program
6-13 established under this subchapter and Subchapter G, Chapter 11,
6-14 Parks and Wildlife Code;
6-15 (2) money transferred by the board from other accounts
6-16 in the water assistance fund under Section 15.011(b); and
6-17 (3) interest earned on the investment of money in the
6-18 fund.
6-19 Sec. 15.853. USE OF FUND. (a) Money in the fund may be
6-20 used only for the following purposes, in the following order of
6-21 priority:
6-22 (1) grants to the Parks and Wildlife Department to
6-23 develop a state aquatic vegetation management plan in coordination
6-24 with the Texas Natural Resource Conservation Commission, the
6-25 Department of Agriculture, water districts and other political
6-26 subdivisions with jurisdiction over public bodies of surface water,
6-27 and public drinking water providers, as required by Section 11.082,
7-1 Parks and Wildlife Code;
7-2 (2) grants to political subdivisions to develop local
7-3 aquatic vegetation management plans that conform to the state
7-4 aquatic vegetation management plan, as authorized by Section
7-5 11.083, Parks and Wildlife Code; and
7-6 (3) grants to political subdivisions to manage aquatic
7-7 vegetation infestations under the state plan or the approved local
7-8 plan adopted by the political subdivision.
7-9 (b) The amount of funding for the purposes authorized by
7-10 Subsection (a) may not exceed amounts equal to the following
7-11 percentages of any biennial appropriation to the board for use
7-12 under this subchapter:
7-13 (1) 30 percent, for purposes authorized by Subsection
7-14 (a)(1); and
7-15 (2) 70 percent, for purposes authorized by Subsections
7-16 (a)(2) and (3), of which not more than 35 percent may be used for
7-17 purposes authorized by Subsection (a)(3) using chemical treatments.
7-18 Sec. 15.854. RULES. The board shall adopt rules necessary
7-19 to administer this subchapter, including rules establishing
7-20 procedures for application for and award of grants, distribution of
7-21 grants, and administration of grants and the grant program
7-22 established under this subchapter.
7-23 SECTION 3. Section 15.002(a), Water Code, is amended to read
7-24 as follows:
7-25 (a) The legislature finds that it is in the public interest
7-26 and to the benefit of the general public of the state to encourage
7-27 and to assist in the planning and construction of projects to
8-1 develop and conserve the storm water and floodwater as well as the
8-2 ordinary flows of the rivers and streams of the state, to maintain
8-3 and enhance the quality of the water of the state, to provide
8-4 protection to the state's citizens from the floodwater of the
8-5 rivers and streams of the state, to provide drainage, subsidence
8-6 control, public beach nourishment, recharge, chloride control, and
8-7 desalinization, to provide for the management of aquatic
8-8 vegetation, and other purposes as provided by law or board rule.
8-9 SECTION 4. Section 15.011(b), Water Code, is amended to read
8-10 as follows:
8-11 (b) After notice and hearing and subject to any limitations
8-12 established by the General Appropriations Act, the board may
8-13 transfer money from the fund to the loan fund created under
8-14 Subchapter C of this chapter, the storage acquisition fund created
8-15 under Subchapter E of this chapter, the research and planning fund
8-16 created under Subchapter F of this chapter, [and] the hydrographic
8-17 survey account created under Subchapter M of this chapter, provided
8-18 the hydrographic survey account transfer does not exceed $425,000,
8-19 and the aquatic vegetation management fund created under Subchapter
8-20 N of this chapter.
8-21 SECTION 5. Section 15.012(c), Water Code, is amended to read
8-22 as follows:
8-23 (c) Money appropriated to the fund by the legislature for a
8-24 specific purpose stated in Subchapter C, E, F, [or] M, or N of this
8-25 chapter shall be placed in the appropriate fund created by that
8-26 subchapter.
8-27 SECTION 6. (a) Except as provided by Subsection (b), this
9-1 Act takes effect September 1, 1999.
9-2 (b) The Parks and Wildlife Commission is required to
9-3 implement this Act only if the legislature appropriates money
9-4 specifically for that purpose. If the legislature does not
9-5 appropriate money specifically for that purpose, the commission may
9-6 not implement this Act.
9-7 SECTION 7. The importance of this legislation and the
9-8 crowded condition of the calendars in both houses create an
9-9 emergency and an imperative public necessity that the
9-10 constitutional rule requiring bills to be read on three several
9-11 days in each house be suspended, and this rule is hereby suspended.