Amend CSHB 2912 as follows:
(1) Strike SECTION 10.01 of the bill (page 32, line 59
through page 33, line 20, committee printing) and substitute the
following:
"SECTION 10.01. Section 26.001, Water Code, is amended by
amending Subdivisions (10) and (13) to read as follows:
(10) "Agricultural waste" means waterborne liquid,
gaseous, or solid substances that arise from the agricultural
industry and agricultural activities, including without limitation
agricultural animal feeding pens and lots, structures for housing
and feeding agricultural animals, and processing facilities for
agricultural products. The term:
(A) includes:
(i) tail water or runoff water from
irrigation associated with an animal feeding operation or
concentrated animal feeding operation that is located in a major
sole source impairment zone, as defined by Section 26.502; or
(ii) rainwater runoff from the confinement
area of an animal feeding operation or concentrated animal feeding
operation that is located in a major sole source impairment zone,
as defined by Section 26.502; and
(B) <"agricultural waste"> does not include tail
water or runoff water from irrigation of rainwater runoff from
other cultivated or uncultivated range land, pasture land, and
farmland or rainwater runoff from an area of land located in a
major sole source impairment zone, as defined by Section 26.502,
that is not owned or controlled by an operator of an animal feeding
operation or concentrated animal feeding operation on which
agricultural waste is applied.
(13) "Pollutant" means dredged spoil, solid waste,
incinerator residue, sewage, garbage, sewage sludge, filter
backwash, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt, and industrial, municipal, and agricultural
waste discharged into any water in the state. The term:
(A) includes:
(i) tail water or runoff water from
irrigation associated with an animal feeding operation or
concentrated animal feeding operation that is located in a major
sole source impairment area, as defined by Section 26.502; or
(ii) rainwater runoff from the confinement
area of an animal feeding operation or concentrated animal feeding
operation that is located in a major sole source impairment zone,
as defined by Section 26.502; and
(B) <"pollutant"> does not include tail water or
runoff water from irrigation or rainwater runoff from other
cultivated or uncultivated range land, pastureland, and farmland or
rainwater runoff from an area of land located in a major sole
source impairment zone, as defined by Section 26.502, that is not
owned or controlled by an operator of an animal feeding operation
or concentrated animal feeding operation on which agricultural
waste is applied."
(2) In Sec. 26.502, Chapter 26, Water Code, in SECTION 10.02
of the bill (page 33, line 35, committee printing), insert the
following between the words "only" and "in":
"to a feeding operation confining cattle that have been or may be
used for dairy purposes, or otherwise associated with a dairy,
including cows, calves, and bulls,"
(3) In Sec. 26.503, Chapter 26, Water Code, in SECTION 10.02
of the bill (page 33, line 69, committee printing), insert
"operated by an owner or" between the words "or" and "controlled
by".
(4) In Sec. 26.503, Chapter 26, Water Code, in SECTION 10.02
of the bill (page 34, lines 4-5, committee printing), strike ",
including delivery to a third party for use or disposal".