79R9255 HLT-F

By:  Barrientos                                                   S.B. No. 1678



A BILL TO BE ENTITLED

AN ACT

relating to the powers of the Lower Colorado River Authority to 
adopt and implement certain environmental conservation measures.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 222.004, Water Code, is amended by 
amending Subsections (q) and (s) and by adding Subsections (q-1), 
(s-1), and (t-1) to read as follows:
	(q)  The authority may provide for the study, correcting, and 
control of both artificial and natural pollution, including 
organic, inorganic, and thermal, of all groundwater or surface 
water of the Colorado River and its tributaries within the 
boundaries of the authority.  The authority may adopt by ordinance 
rules with regard to the pollution, both artificial and natural, 
and may adopt impervious cover limitations.  The authority [and] 
possesses police power to enforce its rules and [.  The authority] 
may provide a reasonable penalty for the violation of any rule.  The 
penalty is cumulative of any penalties fixed by the general law of 
this state.  A penalty under this subsection may not exceed the 
limit for penalties provided by Section 49.004.  An ordinance 
enacted under this section may not be adopted in any county or 
counties outside the existing boundaries of the authority.
	(q-1)  Rules adopted by the authority under Subsection (q) 
must specify that development may not increase stormwater pollutant 
loading and that the natural features and courses of waterways may 
not be altered.
	(s)  The authority may develop and manage parks, 
recreational facilities, and natural science laboratories and may 
promote the preservation of fish and wildlife within the boundaries 
of the authority.  The authority may preserve habitat for fish and 
wildlife and may create contiguous corridors and habitats to ensure 
the viability of fish and wildlife and the adequacy of migration 
routes.  The authority may negotiate contracts with any county, 
municipality, municipal corporation, person, firm, corporation, 
nonprofit organization, or state or federal agency for the 
operation and maintenance of any such park, recreational facility, 
or natural science laboratory.  The preservation of fish and 
wildlife shall be, at a minimum, in accordance with the rules of the 
Parks and Wildlife Commission.  Notwithstanding any other 
provisions of this chapter, the board may charge and collect 
reasonable entrance, gate, or use fees for the development, 
management, and use of parks and recreational facilities developed 
in whole or in part by the authority.
	(s-1)  The authority shall provide a rainwater harvesting 
alternative to platted subdivisions in its territory that petition 
the authority to provide surface water.  On request by the 
subdivision, the authority shall provide tanks, cisterns, gutters, 
treatment equipment, pumps, and other necessary equipment to enable 
the subdivision to use rainwater for both domestic use and lawn 
irrigation.  The authority may recover the costs of providing the 
equipment through leases, lease-purchase agreements, or by 
charging a fee.
	(t-1)  The authority shall adopt outdoor lighting standards 
that must be implemented and followed by wholesale customers of the 
authority.  The goal of the standards is to maximize the efficiency 
of outdoor lighting fixtures while reducing the unnecessary 
illumination of night skies.  At a minimum, the standards must 
include shielding requirements for fixtures and specify the times 
during which outdoor lighting may be used.
	SECTION 2.  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.