77R14700 SMH-F                           
         By Merritt                                            H.B. No. 3431
         Substitute the following for H.B. No. 3431:
         By Chisum                                         C.S.H.B. No. 3431
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a prohibition on the operation of a waterborne craft
 1-3     fueled by gasoline containing methyl tertiary butyl ether on any
 1-4     surface  water body.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter B, Chapter 26, Water Code, is amended
 1-7     by adding Section 26.050 to read as follows:
 1-8           Sec. 26.050.  PROHIBITION ON CERTAIN USES OF GASOLINE
 1-9     CONTAINING METHYL TERTIARY BUTYL ETHER. (a)  A person may not
1-10     operate a waterborne craft, including a boat, motorboat, or
1-11     personal watercraft, with an internal combustion propulsion system
1-12     using gasoline containing methyl tertiary butyl ether on any
1-13     surface water body in this state if the gasoline contains methyl
1-14     tertiary butyl ether in an amount intended to meet the requirements
1-15     of a reformulated gasoline under Section 211(k) of the federal
1-16     Clean Air Act (42 U.S.C. Section 7545).
1-17           (b)  Subsection (a)  does not apply to:
1-18                 (1)  the use of a gasoline that contains some amount of
1-19     methyl tertiary butyl ether but that is a conventional gasoline
1-20     under Section 211(k) of the federal Clean Air Act (42 U.S.C.
1-21     Section 7545); or
1-22                 (2)  the use of a gasoline containing methyl tertiary
1-23     butyl ether in an area designated as a nonattainment area under
1-24     Section 107(d) of the federal Clean Air Act (42 U.S.C. Section
 2-1     7407) if the use of reformulated gasoline is required by federal
 2-2     law and that requirement may be met by the use of methyl tertiary
 2-3     butyl ether.
 2-4           SECTION 2. Section 7.109(a), Water Code, is amended to read
 2-5     as follows:
 2-6           (a)  If it appears that a violation or a threat of violation
 2-7     of Section 26.121 or 26.050 or a rule, permit, or order of the
 2-8     commission has occurred or is occurring that affects aquatic life
 2-9     or wildlife, the Parks and Wildlife Department, in the same manner
2-10     as the commission under this chapter, may have a suit instituted in
2-11     a district court for injunctive relief or civil penalties, or both,
2-12     as authorized by this subchapter, against the person who committed
2-13     or is committing or threatening to commit the violation.
2-14           SECTION 3. Section 26.129, Water Code, is amended to read as
2-15     follows:
2-16           Sec. 26.129.  DUTY OF PARKS AND WILDLIFE DEPARTMENT. The
2-17     Parks and Wildlife Department and its authorized employees shall
2-18     enforce the provisions of this chapter to the extent that any
2-19     violation affects aquatic life and wildlife as provided in Section
2-20     7.109 [26.124(b) of this code].
2-21           SECTION 4.  This Act takes effect immediately if it receives
2-22     a vote of two-thirds of all the members elected to each house, as
2-23     provided by Section 39, Article III, Texas Constitution.  If this
2-24     Act does not receive the vote necessary for immediate effect, this
2-25     Act takes effect September 1, 2001.