Amend CSSB 305 by adding the following appropriately numbered
sections and renumbering the sections of the bill accordingly:
      SECTION __. Section 26.129, Water Code, is amended to read as
follows:
      Sec. 26.129.  DUTY OF PARKS AND WILDLIFE DEPARTMENT. The
Parks and Wildlife Department and its authorized employees shall
enforce the provisions of this chapter to the extent that any
violation affects aquatic life and wildlife as provided in Section
7.109 <26.124(b) of this code>.
      SECTION __. Section 7.109(a), Water Code, is amended to read
as follows:
      (a)  If it appears that a violation or a threat of violation
of Section 26.121 or 26.050 or a rule, permit, or order of the
commission has occurred or is occurring that affects aquatic life
or wildlife, the Parks and Wildlife Department, in the same manner
as the commission under this chapter, may have a suit instituted in
a district court for injunctive relief or civil penalties, or both,
as authorized by this subchapter, against the person who committed
or is committing or threatening to commit the violation.
      SECTION __. Subchapter B, Chapter 26, Water Code, is amended
by adding Section 26.050 to read as follows:
      Sec. 26.050.  PROHIBITION ON CERTAIN USES OF GASOLINE
CONTAINING METHYL TERTIARY BUTYL ETHER. (a)  After September 1,
2004, the Parks and Wildlife Department shall ensure that a person
may not operate a waterborne craft, including a boat, motorboat, or
personal watercraft, with an internal combustion propulsion system
using gasoline containing methyl tertiary butyl ether on any
surface water body in this state if the gasoline contains methyl
tertiary butyl ether in an amount intended to meet the requirements
of a reformulated gasoline under Section 211(k) of the federal
Clean Air Act (42 U.S.C. Section 7545).
      (b)  Subsection (a)  does not apply to:
            (1)  the use of a gasoline that contains some amount of
methyl tertiary butyl ether but that is a conventional gasoline
under Section 211(k) of the federal Clean Air Act (42 U.S.C.
Section 7545); or
            (2)  the use of a gasoline containing methyl tertiary
butyl ether in an area designated as a nonattainment area under
Section 107(d) of the federal Clean Air Act (42 U.S.C. Section
7407) if the use of reformulated gasoline is required by federal
law and that requirement may be met by the use of methyl tertiary
butyl ether.