By: Ogden S.B. No. 1339
2001S0657/2
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring owners or operators of poultry operations to
1-3 implement and maintain certified water quality management plans.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 26.302, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 26.302. REGULATION OF POULTRY FACILITIES. (a) A
1-8 person who owns or operates a poultry facility shall ensure that
1-9 the facility has adequate means or is adequately equipped to handle
1-10 and dispose of poultry carcasses, poultry litter, and other poultry
1-11 waste regardless of whether the person owns the poultry.
1-12 (b) A person who owns or operates a poultry facility shall
1-13 implement and maintain a water quality management plan for the
1-14 facility that is certified by the State Soil and Water Conservation
1-15 Board under Section 201.026, Agriculture Code.
1-16 (c) The commission may bring a cause of action to remedy or
1-17 prevent a violation of this section.
1-18 SECTION 2. (a) As soon as practicable after the effective
1-19 date of this Act, the State Soil and Water Conservation Board and
1-20 the Texas Natural Resource Conservation Commission shall adopt
1-21 rules regarding the certification of water quality management plans
1-22 for poultry facilities and other rules as necessary to implement
1-23 and administer Section 26.302, Water Code, as amended by this Act.
1-24 (b) An owner or operator of a poultry operation required to
1-25 implement and maintain a certified water quality management plan
2-1 under Section 26.302, Water Code, as amended by this Act, shall
2-2 apply for a plan with the State Soil and Water Conservation Board
2-3 before January 1, 2002.
2-4 (c) On or after January 1, 2002, an owner or operator of a
2-5 poultry operation is not in violation of Section 26.302, Water
2-6 Code, as amended by this Act, if the owner or operator has applied
2-7 for certification in accordance with Subsection (b) of this section
2-8 and the State Soil and Water Conservation Board has not made a
2-9 determination with regard to the certification.
2-10 SECTION 3. Nothing in this Act shall be construed as
2-11 designating a poultry operation as a point source of pollution
2-12 under Chapter 26, Water Code, or Texas Natural Resource
2-13 Conservation Commission rules regarding animal feeding operations
2-14 under 30 T.A.C. Section 321.31 through 321.47. A poultry operation
2-15 may not be designated as a point source of pollution unless the
2-16 poultry operation meets the requirements for designation as a point
2-17 source of pollution under that chapter or those rules.
2-18 SECTION 4. (a) This Act takes effect September 1, 2001,
2-19 except as provided by Subsection (b) of this section.
2-20 (b) Section 1 of this Act takes effect January 1, 2002.