By: Hegar S.B. No. 1711

(In the Senate - Filed March 10, 2009; March 20, 2009, read first time and referred to Committee on Natural Resources; April 2, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 11, Nays 0; April 2, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1711 By: Hegar

A BILL TO BE ENTITLED

AN ACT

relating to the use of sediment control ponds to satisfy 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 and to divert or use the water to satisfy environmental and safety laws and regulations, including fire and dust suppression, applicable to [as part of] a surface coal mining operation under Chapter 134, Natural Resources Code [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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