By:  Mabry                                                        H.B. No. 2936



A BILL TO BE ENTITLED

AN ACT

relating to the control of discharges from wastewater retention 
structures associated with certain concentrated animal feeding 
operations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 26.503, Water Code, is amended by adding 
Subsections (d-1) and (d-2) to read as follows:
	(d-1)  The commission may not issue a new permit, or amend or 
renew an existing permit, registration, or permit by rule, or allow 
by rule an exception to a permit, registration, or permit by rule 
for a concentrated animal feeding operation that allows any 
discharge, disposal, or overflow of agricultural waste into or 
adjacent to waters in the state that are within a major sole source 
impairment zone, except when caused by a catastrophic rainfall 
event that would cause an overflow of wastewater from a facility 
designed, constructed, and properly operated and maintained to 
contain all wastewater plus the storm water runoff from a 25-year, 
30-day rainfall event or series of events for the location of the 
animal feeding operation.
	(d-2)  In Subsection (d-1), "catastrophic rainfall event" 
means (1) a rainfall event or series of events which would not 
provide an opportunity for dewatering and which would be equivalent 
to or greater than the 25-year, 30-day storm event or series of 
events for the location of the animal feeding operation and (2) a 
rainfall event or series of events accompanying a tornado, 
hurricane, or other wind in excess of 75 miles per hour which would 
not provide an opportunity for dewatering and which causes an 
overflow or other discharge of wastewater from a retention 
structure due to the high wind or mechanical or structural damage 
resulting therefrom.
	SECTION 2.  (a)  The change in law made by Subsections 
26.503(d-1) and (d-2), Water Code, as added by this Act, applies to 
an application for the issuance, amendment, or renewal of a permit, 
registration, or permit by rule for a concentrated animal feeding 
operation that is pending or is submitted to the Texas Commission on 
Environmental Quality on or after September 1, 2003.
	(b)  This Act takes effect September 12, 2003.