By: Frost H.B. No. 3805
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of sediment control ponds to satisfy
  environmental and safety regulations at surface mining operations
  in the state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.142(d), Water Code, is amended as
  follows:
         (d)  Without obtaining a permit, a person may construct or
  maintain a reservoir for the sole purpose of sediment control and
  divert and use the water to satisfy environmental and safety
  regulations for fire or dust suppression, applicable to [as part
  of] a surface coal mining operation under the Texas Surface Coal
  Mining and Reclamation Act (Article 5920-11, Vernon's Texas Civil
  Statutes).
         SECTION 2.  Not later than January 1, 2010, the Texas
  Commission on Environmental Quality shall adopt rules as necessary
  to implement Section 11.142(d), Water Code, as amended by this Act.
         SECTION 3.  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, 2009.