AN ACT
1-1 relating to the implementation and financing of approved management
1-2 plans for designated estuaries of national significance in the
1-3 state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 5, Water Code, is amended by adding
1-6 Subchapter M to read as follows:
1-7 SUBCHAPTER M. ESTUARY MANAGEMENT PLANS
1-8 Sec. 5.551. DEFINITIONS. In this subchapter:
1-9 (1) "Approved implementation program" means an
1-10 implementation plan identified as part of an approved comprehensive
1-11 conservation and management plan.
1-12 (2) "Approved comprehensive conservation and
1-13 management plan" means an estuary management plan that is prepared
1-14 through the efforts of citizens, organizations, industries, local
1-15 governments, and state and national agencies working together as
1-16 part of the National Estuary Program to develop long-term
1-17 comprehensive conservation and management plans (CCMPs) and that
1-18 has been approved by the governor of Texas and the administrator of
1-19 the United States Environmental Protection Agency to protect the
1-20 environment and the economies of the state and of the regions with
1-21 estuaries. The term includes the plans for Galveston Bay and the
1-22 Coastal Bend estuaries.
1-23 (3) "Implementing agency" means the entity identified
1-24 for day-to-day administration of an estuary program. An
2-1 implementing agency may be a state agency or other local or
2-2 regional entity, as identified in an approved estuary management
2-3 plan.
2-4 (4) "National Estuary Program" means the cooperative
2-5 estuary management program authorized by and developed under
2-6 Section 320 of the Federal Water Pollution Control Act (33 U.S.C.
2-7 Section 1330), as amended.
2-8 Sec. 5.552. RECOGNITION OF NATIONAL SIGNIFICANCE OF
2-9 ESTUARIES OF TEXAS COAST. The state recognizes the state and
2-10 national significance of estuaries on the Texas coast and that the
2-11 cooperative efforts created by the National Estuary Program serve a
2-12 public and state purpose. By virtue of that state purpose, an
2-13 approved implementation program established under the National
2-14 Estuary Program is eligible to receive state funds through a grant
2-15 program administered by the commission.
2-16 Sec. 5.553. FINDING OF BENEFIT AND PUBLIC PURPOSE. The
2-17 state recognizes the importance of implementing estuary management
2-18 plans by protecting and improving water quality and restoring
2-19 estuarine habitat that makes the bays and estuaries productive,
2-20 protecting the economies of those areas, and continuing the
2-21 involvement of the public and the many interests who use and
2-22 appreciate the estuarine resources of Texas. State and local
2-23 government participation in estuary programs to protect natural
2-24 resources serves a public use and benefit. The state and the
2-25 implementing agencies recognize the prerogatives of local
2-26 governments and the sanctity of private property rights. No action
3-1 by an estuary program is intended to usurp the authority of any
3-2 local government. A local government's participation in or
3-3 withdrawal from an estuary program is at the sole discretion of the
3-4 local government and is subject only to the local government's
3-5 obligation to complete any financial commitment it has made.
3-6 Sec. 5.554. LEAD STATE AGENCY. The commission is the lead
3-7 state agency for the implementation of approved comprehensive
3-8 conservation and management plans developed under the National
3-9 Estuary Program. The commission may accept federal grants for
3-10 purposes of this subchapter and may award grants and enter into
3-11 contracts with an implementing agency for the implementation of
3-12 approved plans under this subchapter.
3-13 Sec. 5.555. STATE AGENCY PARTICIPATION. (a) The following
3-14 state agencies shall participate and provide assistance to the
3-15 estuary programs in implementing approved comprehensive
3-16 conservation and management plans:
3-17 (1) the General Land Office;
3-18 (2) the Parks and Wildlife Department;
3-19 (3) the Texas Department of Transportation;
3-20 (4) the Railroad Commission of Texas;
3-21 (5) the State Soil and Water Conservation Board;
3-22 (6) the Texas Water Development Board; and
3-23 (7) the Texas Department of Health.
3-24 (b) Other state agencies may participate as necessary or
3-25 convenient.
3-26 Sec. 5.556. ESTUARY PROGRAM OFFICES. To accomplish the
4-1 purposes of this subchapter, the estuary program office of any
4-2 estuary of the state included in the National Estuary Program and
4-3 for which the commission is the implementing agency shall be
4-4 maintained in the region of the estuary involved.
4-5 Sec. 5.557. IMPLEMENTATION FUNDING. Funding for the
4-6 implementation of approved comprehensive conservation and
4-7 management plans is to be shared by the state, local governments in
4-8 the area of the estuaries, the federal government, and other
4-9 participants.
4-10 Sec. 5.558. ELIGIBILITY FOR STATE FUNDING. A comprehensive
4-11 conservation and management plan is eligible for state funding to
4-12 assist in implementation of the plan if:
4-13 (1) the estuary involved has been designated jointly
4-14 by the governor and the United States Environmental Protection
4-15 Agency as an estuary of national significance in accordance with
4-16 Section 320 of the Federal Water Pollution Control Act (33 U.S.C.
4-17 Section 1330), as amended; and
4-18 (2) the comprehensive conservation and management plan
4-19 for the estuary involved, together with the accompanying
4-20 implementation plan, has been completed and approved.
4-21 Sec. 5.559. ADMINISTRATION. The commission, as the lead
4-22 state agency for administering the state's share of funds, and any
4-23 state agency designated as an implementing agency for an approved
4-24 comprehensive conservation and management plan may accept and make
4-25 grants and enter into contracts to accomplish the actions
4-26 identified in the approved plan and to further the purposes of this
5-1 subchapter.
5-2 SECTION 2. This Act takes effect only if a specific
5-3 appropriation for the implementation of this Act is provided in
5-4 H.B. No. 1 (General Appropriations Act), Acts of the 76th
5-5 Legislature, Regular Session, 1999. If no specific appropriation
5-6 is provided in H.B. No. 1, the General Appropriations Act, this Act
5-7 has no effect.
5-8 SECTION 3. The importance of this legislation and the
5-9 crowded condition of the calendars in both houses create an
5-10 emergency and an imperative public necessity that the
5-11 constitutional rule requiring bills to be read on three several
5-12 days in each house be suspended, and this rule is hereby suspended,
5-13 and that this Act take effect and be in force from and after its
5-14 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 708 passed the Senate on
April 28, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 708 passed the House on
May 12, 1999, by the following vote: Yeas 143, Nays 0, one present
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor