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.