79R7246 QS-F

By:  Staples                                                      S.B. No. 1707



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of poultry facilities.                             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 26.301, Water Code, is amended by adding 
Subdivision (5) to read as follows:
		(5)  "Liquid waste handling system" means a system in 
which fresh water or wastewater is used for the transportation and 
land application of waste.
	SECTION 2.  Section 26.302, Water Code, is amended by adding 
Subsections (b-1) and (d) to read as follows:
	(b-1)  The State Soil and Water Conservation Board may 
certify a water quality management plan for a poultry facility if 
the poultry facility:
		(1)  does not use a liquid waste handling system; and                  
		(2)  is required to obtain a permit or other 
authorization from the commission.
	(d)  This section does not affect the authority of the 
commission to investigate or take enforcement action against a 
point source discharge under Section 26.121.
	SECTION 3.  Section 201.026(e), Agriculture Code, as added 
by Section 1, Chapter 1189, Acts of the 77th Legislature, Regular 
Session, 2001, is amended to read as follows:
	(e)  At the request of the landowner, the state board may 
develop and certify a water quality management plan for any 
agricultural or silvicultural land in the state.  Section 
26.302(b-1), Water Code, applies to a water quality management plan 
developed or certified for use by a poultry facility under this 
section.
	SECTION 4.  This Act takes effect September 1, 2005.