Amend HB 4126 by striking all below the enacting clause and 
substituting the following:

SECTION 1. Chapter 5, page 1062, Special Laws, acts of the 46th 
Legislature, Regular Session, 1939 is amended by adding Section 16A 
to read as follows:
	Sec. 16A. (a) As necessary to prevent erosion and protect the 
water quality of the Upper Guadalupe River, the district may adopt 
rules to require a responsible party to obtain a permit from the 
district for any quarry operation in the district that:
		(1) is located one-half mile or less from that portion 
of the Guadalupe River or its tributaries, the water quality of 
which is threatened by activities at a quarry.
	(b) In this section:                                                    
		(1) "Quarry" means the site from which aggregates for 
commercial sale are being or have been removed or extracted from the 
earth to form a pit, including the entire excavation, stripped 
areas, haulage ramps, and the immediately adjacent land on which 
the plant processing the raw materials is located. The term does not 
include any land owned or leased by the responsible party not being 
currently used in the production of aggregates for commercial sale 
or an excavation to mine clay or shale for use in manufacturing 
structural clay products.
		(2) "Responsible Party" means the owner, operator, 
lessor, or lessee who is responsible for overall function and 
operation of a quarry required to apply for an hold a permit 
pursuant to this section.
	(c) the district by rule shall establish performance criteria 
and requirements for the permit required under Subsection (a) to 
address:
		(1) slope gradients that minimize the potential for 
erosion of quarry walls and banks into the surface waters and 
related water quality considerations;
		(2) potential effects on areas subject to frequent 
flooding and related risks to public safety and property;
		(3) the control of surface water drainage and water 
accumulation to prevent:
			(A) erosion, siltation, or runoff; and                                
			(B) damage to public or private property;                             
		(4) closure of a quarry, after quarry activities have 
ended, consistent with best management standards and practices 
adopted by the commission for quarry stabilization and reuse, which 
may include soil stabilization and compacting, grading, erosion 
control measures, removal of waste, debris, and structures, and 
revegetation; and 
		(5) restoration of a receiving water body to background 
conditions in the event of an unauthorized discharge that affects 
the water body.
	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, 2007.