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A BILL TO BE ENTITLED
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AN ACT
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relating to the performance of annual soil tests for certain |
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concentrated animal feeding operations by the Texas Commission on |
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Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a) and (b), Section 26.504, Water |
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Code, are amended to read as follows: |
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(a) The commission shall [operator of a concentrated animal
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feeding operation shall contract with a person described by Section
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26.503(b)(2)(E)(ii) selected by the executive director to] collect |
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one or more representative composite soil samples from each |
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permitted waste application field associated with a concentrated |
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animal feeding operation. The commission [operator] shall perform |
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the [have] sampling [performed] under this subsection not less |
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often than once every 12 months. Sampling results obtained by the |
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commission shall be used by the permitted concentrated animal |
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feeding operator to satisfy any annual sampling of permitted waste |
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application fields required by commission rule or individual |
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permit. |
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(b) Each sample collected under this section must be tested |
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for phosphorus and any other nutrient designated by the commission |
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[executive director]. The commission may have the sampling |
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required by this section performed under contract. The sampling |
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must be performed by a person described by Section |
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26.503(b)(2)(E)(ii). The test results must be made available to |
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the [executive director and the] operator of the concentrated |
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animal feeding operation. The test results are public records of |
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the commission. |
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SECTION 2. Subsection (f), Section 26.504, Water Code, is |
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repealed. |
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SECTION 3. This Act takes effect June 1, 2010. |