1-1 By: Kuempel (Senate Sponsor - Brown) H.B. No. 3079
1-2 (In the Senate - Received from the House May 10, 1999;
1-3 May 10, 1999, read first time and referred to Committee on Natural
1-4 Resources; May 14, 1999, reported favorably, as amended, by the
1-5 following vote: Yeas 5, Nays 0; May 14, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Brown
1-7 Amend H.B. 3079 as follows:
1-8 On page 2, strike lines 20 and 21 and replace with the
1-9 following:
1-10 (5) require that the written notice of a proposed
1-11 application of herbicide include information demonstrating that the
1-12 propose application of herbicide under a plan will not result in
1-13 exceeding:
1-14 COMMITTEE AMENDMENT NO. 2 By: Brown
1-15 Amend H.B. 3079, House Engrossed Version, to read as follows:
1-16 (1) On page 1, line 58, after "." insert "The state plan
1-17 shall apply throughout the state unless a governmental entity has
1-18 adopted an approved local plan.".
1-19 (2) On page 2, line 31, strike "must adopt the state plan
1-20 or" and substitute "may".
1-21 (3) On page 2, strike line 45 through line 47, and renumber
1-22 the subsequent subsection appropriately.
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the development and financing of a statewide aquatic
1-26 vegetation management plan.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. Chapter 11, Parks and Wildlife Code, is amended
1-29 by adding Subchapter G to read as follows:
1-30 SUBCHAPTER G. AQUATIC VEGETATION MANAGEMENT
1-31 Sec. 11.081. DEFINITIONS. In this subchapter:
1-32 (1) "Governing entity" means the state agency or other
1-33 political subdivision with jurisdiction over a public body of
1-34 surface water.
1-35 (2) "Integrated pest management" means the coordinated
1-36 use of pest and environmental information and pest control methods
1-37 to prevent unacceptable levels of pest damage by the most
1-38 economical means and in a manner that will cause the least possible
1-39 hazard to persons, property, and the environment.
1-40 (3) "Local plan" means a local aquatic vegetation
1-41 management plan authorized by Section 11.083.
1-42 (4) "Public body of surface water" means any body of
1-43 surface water that is not used exclusively for an agricultural
1-44 purpose. The term does not include impounded water on private
1-45 property.
1-46 (5) "State plan" means the state aquatic vegetation
1-47 management plan authorized by Section 11.082 and developed and
1-48 implemented under this subchapter.
1-49 (6) "Water district" means a conservation and
1-50 reclamation district or an authority created under authority of
1-51 Section 52(b)(1) or (2), Article III, or Section 59, Article XVI,
1-52 Texas Constitution, that has jurisdiction over a public body of
1-53 surface water. The term does not include a navigation district or
1-54 a port authority.
1-55 Sec. 11.082. STATE AQUATIC VEGETATION MANAGEMENT PLAN. (a)
1-56 The department shall develop and by rule adopt a state aquatic
1-57 vegetation management plan following the generally accepted
1-58 principles of integrated pest management.
1-59 (b) The department shall develop the state plan in
1-60 coordination with the Texas Natural Resource Conservation
1-61 Commission, the Department of Agriculture, water districts and
2-1 other political subdivisions of the state with jurisdiction over
2-2 public bodies of surface water, and public drinking water
2-3 providers.
2-4 (c) The state plan must:
2-5 (1) establish minimum standards for a governing entity
2-6 that regulates a public body of surface water;
2-7 (2) require that any application of aquatic herbicide
2-8 complies with label rates approved by the United States
2-9 Environmental Protection Agency;
2-10 (3) ensure that any public drinking water provider
2-11 that has an intake within two river miles of a site at which an
2-12 application of aquatic herbicide is proposed to occur receives
2-13 notice of the proposed application not later than the 14th day
2-14 before the date the application is to occur;
2-15 (4) provide for the coordination, oversight, public
2-16 notification, and enforcement of all aquatic herbicide use to
2-17 protect state fish and wildlife resources and habitat and to
2-18 prevent unreasonable risk from the use of any aquatic herbicide;
2-19 and
2-20 (5) ensure that any aquatic herbicide application
2-21 under a plan will not result in exceeding:
2-22 (A) the maximum contaminant level of the
2-23 herbicide in finished drinking water as set by the Texas Natural
2-24 Resource Conservation Commission and the United States
2-25 Environmental Protection Agency; or
2-26 (B) the maximum label rate, if the aquatic
2-27 herbicide does not have a maximum contaminant level established by
2-28 the Texas Natural Resource Conservation Commission and the United
2-29 States Environmental Protection Agency.
2-30 Sec. 11.083. LOCAL AQUATIC VEGETATION MANAGEMENT PLAN. (a)
2-31 A governing entity must adopt the state plan or develop and adopt a
2-32 local aquatic vegetation management plan. A local plan must be
2-33 approved by the department, the Texas Natural Resource Conservation
2-34 Commission, and the Department of Agriculture.
2-35 (b) A local plan may take into account the particular needs
2-36 and uses of the public bodies of surface water to which it will
2-37 apply, but the plan may not be approved unless the plan meets the
2-38 minimum standards set by the state plan. The local plan may allow
2-39 herbicide use if the person proposing to apply the herbicide
2-40 notifies the governing entity not later than the 14th day before
2-41 the proposed date of application.
2-42 Sec. 11.084. APPLICATION OF AQUATIC HERBICIDE IN PUBLIC BODY
2-43 OF SURFACE WATER. (a) No person may apply aquatic herbicide in a
2-44 public body of surface water unless:
2-45 (1) the governing entity with jurisdiction over that
2-46 body of water has adopted the state plan or a local plan applicable
2-47 to that body of water; and
2-48 (2) the herbicide is applied in a manner consistent
2-49 with the plan adopted by the governing entity.
2-50 (b) State money may not be used to pay for treatment of a
2-51 public body of surface water with a chemical herbicide unless the
2-52 application of the herbicide is performed by an applicator licensed
2-53 for aquatic herbicide application by the Department of
2-54 Agriculture.
2-55 (c) An individual who does not hold an applicator's license
2-56 and who desires to apply an aquatic herbicide on a public body of
2-57 surface water shall give written notice not later than the 14th day
2-58 before the date the application of the aquatic herbicide is to
2-59 occur to the governing entity with jurisdiction over the body of
2-60 water on which the application of the herbicide is proposed. The
2-61 governing entity shall respond to the individual's application not
2-62 later than the day before the date the application of the aquatic
2-63 herbicide is to occur. The individual may not apply the aquatic
2-64 herbicide unless the governing entity finds that the application
2-65 will be consistent with the state or local plan adopted by the
2-66 entity.
2-67 (d) The state plan may provide for use of an aquatic
2-68 herbicide consistent with the plan if:
2-69 (1) the individual who desires to apply the aquatic
3-1 herbicide gives notice to the appropriate governing entity in the
3-2 same manner as provided by Subsection (c) for an unlicensed
3-3 applicator; and
3-4 (2) the governing entity does not disapprove the
3-5 application.
3-6 (e) After receiving notice of a proposed application of
3-7 aquatic herbicide, the governing entity shall:
3-8 (1) provide the individual proposing the application
3-9 with a copy of the state or local plan, as appropriate;
3-10 (2) notify the individual in writing that it is a
3-11 violation of state law to apply aquatic herbicides in that body of
3-12 water in a manner inconsistent with the plan; and
3-13 (3) determine whether the proposed application is
3-14 consistent with the plan.
3-15 (f) The governing entity shall:
3-16 (1) prohibit a proposed application of aquatic
3-17 herbicide if the governing entity finds that the proposed
3-18 application is inconsistent with the appropriate plan; or
3-19 (2) notify the individual proposing the application of
3-20 the herbicide that the proposed application is not inconsistent
3-21 with the appropriate plan if the governing entity finds that the
3-22 proposed application is not inconsistent with the plan.
3-23 Sec. 11.085. LIABILITY. (a) The liability under other law
3-24 of a governing entity that receives notice of a proposed
3-25 application of aquatic herbicide is not affected by the
3-26 requirements of this subchapter.
3-27 (b) Notice by a governing entity to an individual under
3-28 Section 11.084(f)(2) does not constitute authorization by that
3-29 entity for the application of the herbicide.
3-30 (c) This subchapter does not relieve an individual who
3-31 applies aquatic herbicide to a public body of surface water of the
3-32 obligation to comply with all applicable federal, state, or local
3-33 laws, rules, ordinances, or orders relating to the application of
3-34 the herbicide in the body of water.
3-35 Sec. 11.086. RECORDS. A governing entity shall maintain for
3-36 not less than five years all records relating to notifications
3-37 received under Section 11.084 and any other information relevant to
3-38 a particular individual request for shoreline treatment.
3-39 SECTION 2. Chapter 15, Water Code, is amended by adding
3-40 Subchapter N to read as follows:
3-41 SUBCHAPTER N. AQUATIC VEGETATION MANAGEMENT FUND
3-42 Sec. 15.851. DEFINITIONS. In this subchapter:
3-43 (1) "Approved local plan" means a local plan
3-44 authorized by Section 11.083, Parks and Wildlife Code, that has
3-45 been approved by the Parks and Wildlife Commission, the Texas
3-46 Natural Resource Conservation Commission, and the Department of
3-47 Agriculture as required by Section 11.083, Parks and Wildlife Code.
3-48 (2) Notwithstanding Section 15.001, "fund" means the
3-49 aquatic vegetation management fund established under this
3-50 subchapter.
3-51 (3) Notwithstanding Section 15.001, "political
3-52 subdivision" means a municipality, a county, a water district, or a
3-53 state agency.
3-54 (4) "Water district" means a conservation and
3-55 reclamation district or an authority created under authority of
3-56 Section 52(b)(1) or (2), Article III, or Section 59, Article XVI,
3-57 Texas Constitution, that has jurisdiction over a public body of
3-58 surface water. The term does not include a navigation district or
3-59 a port authority.
3-60 Sec. 15.852. CREATION OF FUND. (a) The aquatic vegetation
3-61 management fund is a special account in the water assistance fund.
3-62 (b) The fund consists of:
3-63 (1) money appropriated to the board for the program
3-64 established under this subchapter and Subchapter G, Chapter 11,
3-65 Parks and Wildlife Code;
3-66 (2) money transferred by the board from other accounts
3-67 in the water assistance fund under Section 15.011(b); and
3-68 (3) interest earned on the investment of money in the
3-69 fund.
4-1 Sec. 15.853. USE OF FUND. (a) Money in the fund may be
4-2 used only for the following purposes, in the following order of
4-3 priority:
4-4 (1) grants to the Parks and Wildlife Department:
4-5 (A) to develop a state aquatic vegetation
4-6 management plan in coordination with the Texas Natural Resource
4-7 Conservation Commission, the Department of Agriculture, water
4-8 districts and other political subdivisions with jurisdiction over
4-9 public bodies of surface water, and public drinking water
4-10 providers, as required by Section 11.082, Parks and Wildlife Code;
4-11 or
4-12 (B) for research, outreach, and educational
4-13 activities that relate to vegetation control;
4-14 (2) grants to political subdivisions to develop local
4-15 aquatic vegetation management plans that conform to the state
4-16 aquatic vegetation management plan, as authorized by Section
4-17 11.083, Parks and Wildlife Code; and
4-18 (3) grants to political subdivisions to manage aquatic
4-19 vegetation infestations under the state plan or the approved local
4-20 plan adopted by the political subdivision.
4-21 (b) The amount of funding for the purposes authorized by
4-22 Subsection (a) may not exceed amounts equal to the following
4-23 percentages of any biennial appropriation to the board for use
4-24 under this subchapter:
4-25 (1) 30 percent, for purposes authorized by Subsection
4-26 (a)(1); and
4-27 (2) 70 percent, for purposes authorized by Subsections
4-28 (a)(2) and (3), of which not more than 35 percent may be used for
4-29 purposes authorized by Subsection (a)(3) using chemical treatments.
4-30 Sec. 15.854. RULES. The board shall adopt rules necessary
4-31 to administer this subchapter, including rules establishing
4-32 procedures for application for and award of grants, distribution of
4-33 grants, and administration of grants and the grant program
4-34 established under this subchapter.
4-35 SECTION 3. Section 15.002(a), Water Code, is amended to read
4-36 as follows:
4-37 (a) The legislature finds that it is in the public interest
4-38 and to the benefit of the general public of the state to encourage
4-39 and to assist in the planning and construction of projects to
4-40 develop and conserve the storm water and floodwater as well as the
4-41 ordinary flows of the rivers and streams of the state, to maintain
4-42 and enhance the quality of the water of the state, to provide
4-43 protection to the state's citizens from the floodwater of the
4-44 rivers and streams of the state, to provide drainage, subsidence
4-45 control, public beach nourishment, recharge, chloride control, and
4-46 desalinization, to provide for the management of aquatic
4-47 vegetation, and other purposes as provided by law or board rule.
4-48 SECTION 4. Section 15.011(b), Water Code, is amended to read
4-49 as follows:
4-50 (b) After notice and hearing and subject to any limitations
4-51 established by the General Appropriations Act, the board may
4-52 transfer money from the fund to the loan fund created under
4-53 Subchapter C of this chapter, the storage acquisition fund created
4-54 under Subchapter E of this chapter, the research and planning fund
4-55 created under Subchapter F of this chapter, [and] the hydrographic
4-56 survey account created under Subchapter M of this chapter, provided
4-57 the hydrographic survey account transfer does not exceed $425,000,
4-58 and the aquatic vegetation management fund created under Subchapter
4-59 N of this chapter.
4-60 SECTION 5. Section 15.012(c), Water Code, is amended to read
4-61 as follows:
4-62 (c) Money appropriated to the fund by the legislature for a
4-63 specific purpose stated in Subchapter C, E, F, [or] M, or N of this
4-64 chapter shall be placed in the appropriate fund created by that
4-65 subchapter.
4-66 SECTION 6. (a) Except as provided by Subsections (b) and
4-67 (c) of this section, this Act takes effect September 1, 1999.
4-68 (b) The Parks and Wildlife Commission is required to
4-69 implement this Act only if the legislature appropriates money
5-1 specifically for that purpose. If the legislature does not
5-2 appropriate money specifically for that purpose, the commission
5-3 may, but is not required to, implement this Act.
5-4 (c) Sections 11.083, 11.084, 11.085, and 11.086, Parks and
5-5 Wildlife Code, as added by this Act, take effect on the date on
5-6 which the Texas Parks and Wildlife Commission publishes notice in
5-7 the Texas Register of the final adoption of a state aquatic
5-8 vegetation management plan under Section 11.082, Parks and Wildlife
5-9 Code, as added by this Act.
5-10 SECTION 7. The importance of this legislation and the
5-11 crowded condition of the calendars in both houses create an
5-12 emergency and an imperative public necessity that the
5-13 constitutional rule requiring bills to be read on three several
5-14 days in each house be suspended, and this rule is hereby suspended.
5-15 * * * * *