By: Estes S.B. No. 1432
  relating to the regulation of sport lagoons and granting rulemaking
         SECTION 1.  Title 2, Subtitle D, Water Code, is amended by
  adding Chapter 33 to read as follows:
  Chapter 33.  SPORT LAGOONS
         Sec. 33.001.  DEFINITIONS  In this Chapter:
         (1)  "Sport Lagoon" means any artificial, permanently
  installed or non-portable structure, basin, chamber, or tank
  containing a minimum of 4.5 million gallons of non-potable water
  used for swimming, diving, aquatic sports, or other aquatic
  activities.  For purposes of this Chapter, a "sport lagoon" is not a
  "public swimming pool" as defined in Chapter 341, Health & Safety
  Code, nor is it subject to Chapter 341, Health & Safety Code.
         (2)  "Commission" means the Texas Commission on
  Environmental Quality.
         SECTION 2.  Subchapter B, Chapter 33, Water Code is added to
  read as follows:
         Sec. 33.011.  APPLICATION FOR PERMIT.  Any person may apply
  to the Commission for a permit to construct and operate a sport
         Sec. 33.012.  APPLICATION FORM.  The Commission shall
  prescribe a form on which an application for a permit may be made
  and shall make the form available online and upon request.
         Sec. 33.013.  CONTENTS OF APPLICATION.  The application for
  a permit shall:
         (1)  state the applicant's name, business address, and
  permanent mailing address;
         (2)  include all pertinent engineering and design reports
  that will be used to construct the sport lagoon, water storage
  facility, and disinfection system;
         (3)  include all pertinent information to demonstrate that
  the disinfection system meets or exceeds best practices used in the
  water recreation industry for sport lagoons as established by
  organizations like the Centers for Disease Control and Prevention,
  the International Association of Amusement Parks and Attractions,
  the World Health Organization, or others; and
         (4)  include other relevant information required by the
  Commission necessary for the review of the application.
         Sec. 33.014.  APPLICATION FEE.  With each application for
  issuance, renewal, or material amendment of a permit, the applicant
  shall submit a fee established by the Commission.  A fee established
  by the commission shall not exceed an amount necessary for the
  operation of the permitting program under this section.
         Sec. 33.015.  REJECTING AN APPLICATION.  If an application
  for a permit does not comply with Section 33.013 of this code or
  with reasonable rules of the Commission, the Commission may reject
  the application.
         Sec. 33.016.  SUSPENSION; REFUSAL TO RENEW.  The Commission
  may suspend or refuse to renew a permit for a period not to exceed
  one year if the permittee:
         (1)  violates the provisions of this chapter;
         (2)  violates reasonable rules promulgated under this
  chapter; or
         (3)  does not maintain a disinfection system that meets or
  exceeds best practices in the water recreation industry as defined
  in this chapter.
         Sec. 33.017.  APPEAL.  Any person whose permit application
  is rejected, suspended, or whose application for permit renewal is
  rejected by the Commission may file a petition in an action to set
  aside the Commission's act within the 30-day period immediately
  following the day the applicant receives notice of the Commission's
         Sec. 33.018.  SUIT TO COMPEL COMMISSION TO ACT.  If the
  Commission does not approve or reject the application within 90
  days of submission, the applicant may file an action to compel the
  Commission to show cause why it should not be directed by the court
  to take immediate action.
         Sec. 33.019.  VENUE.  The venue in actions under this Chapter
  is fixed exclusively in the district courts of Travis County.
         SECTION 3.  This Act takes effect September 1, 2017.