By:  Bonnen (Senate Sponsor - Armbrister)                         H.B. No. 2875
	(In the Senate - Received from the House May 5, 2003; 
May 7, 2003, read first time and referred to Committee on Natural 
Resources; May 26, 2003, reported favorably, as amended, by the 
following vote:  Yeas 7, Nays 0; May 26, 2003, sent to printer.)


COMMITTEE AMENDMENT NO. 1                                                By:  Armbrister

	Amend H.B. 2875 by adding two new sections, appropriately 
numbered, to read as follows:
	SECTION ____.  Amend Section 361.271, Health and Safety Code 
by adding subsection (g) to read as follows:
	(g)  A political subdivision created under Art. XVI, Section 
59 or Art. III, Section 52 of the Texas Constitution is not a person 
responsible under Chapter 361 of the Health and Safety Code for the 
release or threatened release of solid waste arising in connection 
with dredging, placement, and storage of materials from or on lands 
and waters within the jurisdiction of the political subdivision, 
including submerged lands, or the construction, operation, and 
maintenance of a dredge placement area.
	SECTION ____.  Amend Section 361.025, Health and Safety Code 
by adding subsection (c) to read as follows:
	(c)  Activities of a political subdivision created under 
Art. XVI, Section 59 or Art. III, Section 52 of the Texas 
Constitution in connection with the construction and maintenance of 
waterways in aid of or to permit navigation in waters within the 
jurisdiction of the political subdivision, including activities 
associated with the dredging and placement of dredge materials from 
navigable waters of the state, are exempt from regulation under 
this Chapter.


A BILL TO BE ENTITLED

AN ACT


relating to the definition of "dispose of" for purposes of criminal 
penalties imposed under the Water Code.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 7.141, Water Code, is amended by adding 
Subdivision (2-a) to read as follows:
		(2-a)  "Dispose of" means to discharge, deposit, 
inject, dump, spill, leak, or place solid waste, hazardous waste, 
medical waste, used oil, low-level radioactive waste, or a 
lead-acid battery, whether containerized or uncontainerized, into 
or on land or water so that the solid waste, hazardous waste, 
medical waste, used oil, low-level radioactive waste, lead-acid 
battery, or any constituent thereof may be emitted into the air, 
discharged into surface water or groundwater, or introduced into 
the environment in any other manner.  The term does not include 
passive migration, continuous release, seepage, or other movement 
that occurs:
			(A)  after the substance is initially disposed of; 
and              
			(B)  without human initiation or assistance.                          
	SECTION 2.  (a)  This Act takes effect immediately if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate 
effect, this Act takes effect September 1, 2003.
	(b)  The change in law made by this Act applies only to an 
offense committed on or after the effective date of this Act.  An 
offense committed before the effective date of this Act is governed 
by the law in effect when the offense was committed, and the former 
law is continued in effect for that purpose.  For purposes of this 
section, an offense was committed before the effective date of this 
Act if any element of the offense occurred before that date.



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