SRC-MKV S.B. 1603 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1603
77R8950 TBy: Staples
Natural Resources
4/27/2001
As Filed


DIGEST AND PURPOSE 

Many agricultural producers currently operate with a water quality
management plan created by the State Soil and Water Conservation Board
(board) to assist in protecting and preserving water supplies. Under
current law, a person without a plan who intends to bury agricultural waste
must follows the Texas Natural Resource Conservation Commission (TNRCC)
guidelines for burial, including notifying TNRCC before each burial and
deed recordation of property for each burial.  As proposed, S.B. 1603
requires the board to develop criteria for the proper burial of animal
carcasses in plans for agricultural facilities.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 201.026, Agriculture Code, as follows:

(c) Adds language requiring a plan that covers agricultural land on which
animal carcasses will be disposed of by burial to include provisions for
siting criteria and appropriate management practices for the disposal of
animal carcasses.  Adds language to require a water quality management plan
that includes provisions for the disposal of animal carcasses to identify
suitable locations for disposal based on site-specific factors including
land-use, soil conditions, or proximity to groundwater or surface water
supplies.  Requires a location of any suitable disposal area to be
determined in a manner prescribed by the State Soil and Water Conservation
Board (state board).  Provides that property that is the subject of and
compliant with the provisions of certified water quality management plan
under this section is exempt from any deed recordation requirements in
state law or regulation related to the disposal or management of industrial
solid waste. 

(d) Authorizes the state board to develop and certify a water quality
management plan under this section for any agricultural or silvicultural
land at the request of the landowner. 

SECTION 2.  Effective date: upon passage or September 1, 2001.