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AN ACT
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relating to requiring landowners to report the burial of certain |
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animal carcasses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 201.026(b), (c), (h), (i), and (j), |
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Agriculture Code, are amended to read as follows: |
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(b) As the lead agency, the state board shall: |
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(1) plan, implement, and manage programs and practices |
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for abating agricultural and silvicultural nonpoint source |
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pollution; |
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(2) have as a goal: |
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(A) setting priorities among voluntary efforts |
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to reduce nonpoint source pollution and promoting those efforts in |
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a manner consistent with the priorities; and |
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(B) assisting landowners to prevent regulatory |
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enforcement actions related to nonpoint source pollution; and |
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(3) provide to the agricultural community information |
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regarding the jurisdictions of the state board and the Texas |
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[Natural Resource Conservation] Commission on Environmental |
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Quality related to nonpoint source pollution. |
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(c) Except as required by Subchapter L, Chapter 26, Water |
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Code, a permit or other authorization is not required under that |
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chapter as a prerequisite for the land application of animal waste |
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for beneficial use at agronomic rates to property that is not owned |
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or controlled by the owner or operator of a facility that Chapter |
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26, Water Code, requires to hold a permit or other authorization. |
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This section does not affect the authority of the Texas [Natural
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Resource Conservation] Commission on Environmental Quality to |
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investigate or take enforcement action against a point source |
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discharge under Section 26.121, Water Code. |
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(h) The state board shall notify the Texas [Natural Resource
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Conservation] Commission on Environmental Quality not later than |
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the 10th business day after the date the state board decertifies a |
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water quality management plan for an animal feeding operation. |
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(i) The state board shall update the state board's |
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identification of priority areas for the control of nonpoint source |
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pollution at least every four years. The state board, in |
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considering changes to the identified priority areas, shall |
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consider: |
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(1) bodies of water the Texas [Natural Resource
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Conservation] Commission on Environmental Quality has identified |
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as impaired through the state water quality assessment process; |
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(2) threatened areas in which action is necessary to |
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prevent nonpoint source pollution; and |
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(3) other areas of concern, including groundwater |
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concerns. |
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(j) Complaints concerning a violation of a water quality |
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management plan or a violation of a law or rule relating to |
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agricultural or silvicultural nonpoint source pollution under the |
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jurisdiction of the state board shall be referred to the state |
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board. The state board, in cooperation with the local soil and |
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water conservation district, shall investigate the complaint. On |
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completion of the investigation, the state board, in consultation |
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with the soil and water conservation district, either shall |
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determine that further action is not warranted or shall develop and |
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implement a corrective action plan to address the complaint. If the |
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person about whom the complaint has been made fails or refuses to |
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take corrective action, the state board shall refer the complaint |
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to the Texas [Natural Resource Conservation] Commission on |
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Environmental Quality. |
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SECTION 2. Sections 201.026(f) and (g), Agriculture Code, |
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as added by Chapter 1095, Acts of the 77th Legislature, Regular |
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Session, 2001, are amended to read as follows: |
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(f) The state board shall represent the state before the |
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federal Environmental Protection Agency or other federal agencies |
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on a matter relating to agricultural or silvicultural nonpoint |
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source pollution. Nothing herein shall impair the ability of: |
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(1) the General Land Office to represent the state |
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before any federal agency in matters relating to the state's |
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participation in the federal coastal zone management program; |
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(2) the Texas [Natural Resource Conservation] |
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Commission on Environmental Quality to represent the state before |
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any federal agency in matters relating to the state's overall |
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participation in the Federal Water Pollution Control Act (33 U.S.C. |
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Section 1251 et seq.); or |
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(3) the Texas Department of Agriculture to represent |
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the state before any federal agency in matters relating to the |
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state's overall participation in the Federal Insecticide, |
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Fungicide, and Rodenticide Act (7 U.S.C. Section 136 et seq.). |
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(g) In an area that the state board identifies as having or |
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having the potential to develop agricultural or silvicultural |
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nonpoint source water quality problems or an area within the |
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"coastal zone" designated by the Coastal Coordination Council, the |
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state board shall establish a water quality management plan |
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certification program that provides, through local soil and water |
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conservation districts, for the development, supervision, and |
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monitoring of individual water quality management plans for |
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agricultural and silvicultural lands. Each plan must be developed, |
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maintained, and implemented under rules and criteria adopted by the |
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state board and comply with state water quality standards |
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established by the Texas [Natural Resource Conservation] |
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Commission on Environmental Quality. The state board shall certify |
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a plan that satisfies the state board's rules and criteria and |
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complies with state water quality standards established by the |
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Texas [Natural Resource Conservation] Commission on Environmental |
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Quality under the commission's exclusive authority to set water |
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quality standards for all water in the state. |
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SECTION 3. Section 201.026(g), Agriculture Code, as added |
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by Chapter 1189, Acts of the 77th Legislature, Regular Session, |
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2001, is amended to read as follows: |
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(g) The Texas Commission on Environmental Quality |
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[commission] may not require a landowner who requests and complies |
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with a water quality management plan under Subsection (f) to record |
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the burial of animal carcasses in the county deed records or report |
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the burial to the commission. |
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SECTION 4. 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, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1719 was passed by the House on April |
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27, 2007, by the following vote: Yeas 133, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1719 was passed by the Senate on May |
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22, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |