79R4292 SGA-F

By:  Armbrister                                                   S.B. No. 947



A BILL TO BE ENTITLED

AN ACT

relating to the release of a solid waste in connection with dredging 
and placement or storage of dredged material by a political 
subdivision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 361.025, Health and Safety Code, is 
amended by adding Subsection (c) to read as follows:
	(c)  Activities of a political subdivision created under 
Section 59, Article XVI, or Section 52, Article III, Texas 
Constitution, performed in connection with the construction and 
maintenance of waterways to facilitate navigation in waters in the 
jurisdiction of the political subdivision are exempt from 
regulation under this chapter. Exempt activities include 
activities associated with dredging materials from navigable 
waters in the jurisdiction of the political subdivision and the 
placement of those materials.
	SECTION 2.  Section 361.271, Health and Safety Code, is 
amended by adding Subsection (g) to read as follows:
	(g)  A political subdivision created under Section 59, 
Article XVI, or Section 52, Article III, Texas Constitution, is not 
a person responsible under this chapter for solid waste released or 
threatened to be released in connection with:
		(1)  the dredging of materials from navigable waters or 
the banks of navigable waters in the jurisdiction of the political 
subdivision;
		(2)  the placement or storage of dredged materials on 
land or submerged land; or
		(3)  the construction, operation, or maintenance of a 
placement area for dredged material.
	SECTION 3.  The change in law made by this Act does not apply 
to an act or governmental proceeding of a political subdivision 
created under Section 59, Article XVI, or Section 52, Article III, 
Texas Constitution, that is the subject of litigation pending on 
the effective date of this Act.
	SECTION 4.  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, 2005.