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|  | AN ACT | 
|  | relating to the use of reservoirs for sediment control or to satisfy | 
|  | certain environmental and safety requirements at surface mining | 
|  | operations. | 
|  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
|  | SECTION 1.  Subsection (d), Section 11.142, Water Code, is | 
|  | amended to read as follows: | 
|  | (d)  Without obtaining a permit, a person may construct or | 
|  | maintain a reservoir [ for the sole purpose of sediment control] as | 
|  | part of a surface coal mining operation under Chapter 134, Natural | 
|  | Resources Code, if the water in the reservoir is used solely for: | 
|  | (1)  sediment control; or | 
|  | (2)  compliance with applicable laws, rules, or | 
|  | regulations relating to fire or dust suppression [ the Texas Surface  | 
|  | Coal Mining and Reclamation Act (Article 5920-11, Vernon's Texas  | 
|  | Civil Statutes)]. | 
|  | SECTION 2.  The Texas Commission on Environmental Quality | 
|  | shall adopt rules to implement Subsection (d), Section 11.142, | 
|  | Water Code, as amended by this Act, not later than January 1, 2010. | 
|  | 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. | 
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|  | ______________________________ | ______________________________ | 
|  | President of the Senate | Speaker of the House | 
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|  | I hereby certify that S.B. No. 1711 passed the Senate on | 
|  | April 8, 2009, by the following vote:  Yeas 31, Nays 0. | 
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|  | ______________________________ | 
|  | Secretary of the Senate | 
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|  | I hereby certify that S.B. No. 1711 passed the House on | 
|  | May 6, 2009, by the following vote:  Yeas 146, Nays 0, two present | 
|  | not voting. | 
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|  | ______________________________ | 
|  | Chief Clerk of the House | 
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|  | Approved: | 
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|  | ______________________________ | 
|  | Date | 
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|  | ______________________________ | 
|  | Governor |