By Jackson, et al. S.B. No. 708
76R4896 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the implementation and financing of approved management
1-3 plans for designated estuaries of national significance in the
1-4 state.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. DEFINITIONS. In this Act:
1-7 (1) "Approved implementation program" means an
1-8 implementation plan identified as part of an approved comprehensive
1-9 conservation and management plan.
1-10 (2) "Approved comprehensive conservation and
1-11 management plan" means an estuary management plan that is prepared
1-12 through the efforts of citizens, organizations, industries, local
1-13 governments, and state and national agencies working together as
1-14 part of the National Estuary Program to develop long-term
1-15 comprehensive conservation and management plans (CCMPs) and that
1-16 has been approved by the governor of Texas and the administrator of
1-17 the United States Environmental Protection Agency to protect the
1-18 environment and the economies of the state and of the regions with
1-19 estuaries.
1-20 (3) "Implementing agency" means the entity identified
1-21 for day-to-day administration of an estuary program. An
1-22 implementing agency may be a state agency or other local or
1-23 regional entity, as identified in an approved estuary management
1-24 plan.
2-1 (4) "National Estuary Program" means the cooperative
2-2 estuary management program authorized by and developed under
2-3 Section 320 of the Federal Water Pollution Control Act (33 U.S.C.
2-4 Section 1330), as amended.
2-5 SECTION 2. RECOGNITION OF NATIONAL SIGNIFICANCE OF ESTUARIES
2-6 OF TEXAS COAST. The state recognizes the state and national
2-7 significance of estuaries on the Texas coast and that the
2-8 cooperative efforts created by the National Estuary Program serve a
2-9 public and state purpose. By virtue of that state purpose, an
2-10 approved implementation program established under the National
2-11 Estuary Program is eligible to receive state funds through a grant
2-12 program administered by the Coastal Coordination Council.
2-13 SECTION 3. FINDING OF BENEFIT AND PUBLIC PURPOSE. The state
2-14 recognizes the importance of implementing estuary management plans
2-15 by protecting and improving water quality and restoring estuarine
2-16 habitat that makes the bays and estuaries productive and continuing
2-17 the involvement of the public and the many interests who use and
2-18 appreciate the estuarine resources of Texas. State participation
2-19 in estuary programs to protect state resources serves a public use
2-20 and benefit.
2-21 SECTION 4. LEAD STATE AGENCY. The Coastal Coordination
2-22 Council is the lead state agency for the implementation of approved
2-23 comprehensive conservation and management plans developed under the
2-24 National Estuary Program.
2-25 SECTION 5. STATE AGENCY PARTICIPATION. The following state
2-26 agencies shall participate and provide assistance to the estuary
2-27 programs in implementing approved comprehensive conservation and
3-1 management plans:
3-2 (1) the Texas Natural Resource Conservation
3-3 Commission;
3-4 (2) the Parks and Wildlife Department;
3-5 (3) the General Land Office;
3-6 (4) the State Soil and Water Conservation Board;
3-7 (5) the Railroad Commission of Texas;
3-8 (6) the Texas Water Development Board;
3-9 (7) the Texas Department of Health; and
3-10 (8) other agencies as appropriate or convenient.
3-11 SECTION 6. ESTUARY PROGRAM OFFICES. To accomplish the
3-12 purposes of this Act, the estuary program office of the Galveston
3-13 Bay Estuary, the Coastal Bend Bays Estuaries, and any other estuary
3-14 of the state included in the National Estuary Program shall be
3-15 maintained in the region of the estuary involved.
3-16 SECTION 7. IMPLEMENTATION FUNDING. Funding for the
3-17 implementation of approved comprehensive conservation and
3-18 management plans is to be shared by the state, local governments in
3-19 the area of the estuaries, and the federal government.
3-20 SECTION 8. ELIGIBILITY FOR STATE FUNDING. A comprehensive
3-21 conservation and management plan is eligible for state funding to
3-22 assist in implementation of the plan if:
3-23 (1) the estuary involved has been designated jointly
3-24 by the governor and the United States Environmental Protection
3-25 Agency as an estuary of national significance in accordance with
3-26 Section 320 of the Federal Water Pollution Control Act (33 U.S.C.
3-27 Section 1330), as amended; and
4-1 (2) the comprehensive conservation and management plan
4-2 for the estuary involved, together with the accompanying
4-3 implementation plan, has been completed and approved.
4-4 SECTION 9. ADMINISTRATION. The Coastal Coordination
4-5 Council, as the lead state agency for administering the state's
4-6 share of funds, and any state agency designated as an implementing
4-7 agency for an approved comprehensive conservation and management
4-8 plan may accept and make grants and enter into contracts to
4-9 accomplish the actions identified in the approved plan and to
4-10 further the purposes of this Act.
4-11 SECTION 10. EMERGENCY. The importance of this legislation
4-12 and the crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended,
4-16 and that this Act take effect and be in force from and after its
4-17 passage, and it is so enacted.