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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposal of sewage by boats. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 26.044(a), (b), (d), and (f), Water |
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Code, are amended to read as follows: |
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(a) As used in this section, "boat" means any vessel or |
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other watercraft, whether moved by oars, paddles, sails, or other |
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power mechanism, inboard or outboard, or any other vessel or |
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structure floating on water of the [in this] state, whether or not |
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capable of self-locomotion, including but not limited to cabin |
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cruisers, houseboats, barges, marinas, and similar floating |
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objects. |
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(b) The commission shall issue rules concerning the |
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disposal of sewage from boats located or operated on water of the |
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[inland fresh waters in this] state. The rules of the commission |
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shall include provisions for the establishment of standards for |
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sewage disposal devices, the certification of sewage disposal |
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devices, including on-shore and mobile pump-out facilities, and the |
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visible and conspicuous display of evidence of certification of |
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sewage disposal devices on each boat equipped with such device and |
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on each on-shore and mobile pump-out device. |
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(d) Before issuing any rules under Subsection (b) [of this
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section], the commission or any person authorized by it under |
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Section 26.021 on request may [of this code shall] hold hearings on |
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those rules in Austin and in five other locations in the state in |
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order to provide the best opportunity for all citizens of the state |
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to appear and present evidence to the commission. |
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(f) Copies of each rule issued by the commission under this |
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section shall be filed in the offices of the commission in Austin, |
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in the office of the Secretary of State in Austin, the office of the |
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county clerk in each county in the state, and posted on the |
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commission's Internet website. The commission shall provide for |
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publication of notice of each rule issued under this section in at |
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least one newspaper of general circulation in each county of the |
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state and shall furnish the county judge of each county of the state |
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a copy of the rules. |
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SECTION 2. Sections 26.045(a), (b), and (c), Water Code, |
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are amended to read as follows: |
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(a) In this section: |
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(1) "Boat" means the same as defined in Section |
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26.044(a), Water Code. |
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(2) "Boat pump-out station" means any private or |
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public shoreside, mobile, or floating installation either |
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independent of or in addition to an organized waste collection, |
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treatment, and disposal system used to receive boat sewage. |
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(3) "Shoreside, mobile, or floating installation" |
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means marinas and other installations servicing boats on water of |
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the state [fresh water of Texas]. |
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(4) "Water of the state" ["Fresh water"] means [as
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geographically applied] all waters of the state except waters |
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beyond three nautical miles of any shore in the state [of the
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surface lakes, streams, and reservoirs of the state, exclusive of
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the extent of ordinary tidal action on this water]. |
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(b) After a public hearing and after making every reasonable |
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effort to bring about the establishment of an adequate number of |
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boat pump-out stations on [fresh] water of the state, the |
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commission may enter an order requiring the establishment of boat |
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pump-out stations by a local government that has any jurisdiction |
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over at least a portion of the [fresh] water of the state or over |
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land immediately adjacent to the [fresh] water. |
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(c) If a local government is authorized to issue |
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authorization for the operation of shoreside, mobile, or floating |
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installations, the local government may require the installation |
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and operation of boat pump-out stations where necessary. The local |
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government shall require the installation and operation of boat |
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pump-out stations if required by the commission. |
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SECTION 3. The heading to Section 31.129, Parks and |
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Wildlife Code, is amended to read as follows: |
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Sec. 31.129. VIOLATION AND ENFORCEMENT OF SEWAGE DISPOSAL |
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REGULATIONS. |
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SECTION 4. Section 31.129, Parks and Wildlife Code, is |
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amended by amending Subsection (a) and adding Subsections (c) and |
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(d) to read as follows: |
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(a) A person who violates or fails to comply with a rule of |
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the Texas [Natural Resource Conservation] Commission on |
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Environmental Quality concerning the disposal of sewage from boats |
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commits an offense that is a Class C Parks and Wildlife Code |
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misdemeanor. A separate offense is committed each day a violation |
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continues. |
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(c) A game warden or peace officer who is certified as a |
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marine safety enforcement officer under Section 31.121 may enforce |
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a rule of the Texas Commission on Environmental Quality concerning |
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the disposal of sewage from boats. |
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(d) A marine safety enforcement officer who reasonably |
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suspects that a boat is discharging sewage in an area where |
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discharge is prohibited may, if the owner or operator is aboard, |
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board the boat for the purpose of inspecting the marine sanitation |
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device for proper operation and placing a dye tablet in the holding |
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tank. |
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SECTION 5. This Act takes effect September 1, 2009. |