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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of sediment control ponds to satisfy |
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environmental and safety regulations at surface mining operations |
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in the state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.142(d), Water Code, is amended as |
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follows: |
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(d) Without obtaining a permit, a person may construct or |
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maintain a reservoir for the sole purpose of sediment control and |
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divert and use the water to satisfy environmental and safety |
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regulations for fire or dust suppression, applicable to [as part
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of] a surface coal mining operation under the Texas Surface Coal |
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Mining and Reclamation Act (Article 5920-11, Vernon's Texas Civil |
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Statutes). |
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SECTION 2. Not later than January 1, 2010, the Texas |
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Commission on Environmental Quality shall adopt rules as necessary |
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to implement Sections 11.142(d), Water Code, as amended by this |
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Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |