81R5076 JAM-F
 
  By: Averitt S.B. No. 876
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the performance of annual soil tests for certain
  concentrated animal feeding operations by the Texas Commission on
  Environmental Quality.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 26.504(a) and (b), Water Code, are
  amended to read as follows:
         (a)  The commission shall [operator of a concentrated animal
  feeding operation shall contract with a person described by Section
  26.503(b)(2)(E)(ii) selected by the executive director to] collect
  one or more representative composite soil samples from each waste
  application field associated with a permitted concentrated animal
  feeding operation. The commission [operator] shall perform the
  [have] sampling [performed] under this subsection not less often
  than once every 12 months. Sampling results obtained by the
  commission shall be used by the permitted concentrated animal
  feeding operator to satisfy any annual sampling of waste
  application fields required by commission rule or individual
  permit.
         (b)  Each sample collected under this section must be tested
  for phosphorus and any other nutrient designated by the commission 
  [executive director]. [The test results must be made available to
  the executive director and the operator of the concentrated animal
  feeding operation. The test results are public records of the
  commission.]
         SECTION 2.  Section 26.504(f), Water Code, is repealed.
         SECTION 3.  This Act takes effect September 1, 2009.