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.