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.