S.B. No. 876
 
 
 
 
AN ACT
  relating to the performance of annual soil tests for certain
  concentrated animal feeding operations by the Texas Commission on
  Environmental Quality.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsections (a) and (b), Section 26.504, Water
  Code, are amended to read as follows:
         (a)  The commission shall [operator of a concentrated animal
  feeding operation shall contract with a person described by Section
  26.503(b)(2)(E)(ii) selected by the executive director to] collect
  one or more representative composite soil samples from each
  permitted waste application field associated with a concentrated
  animal feeding operation. The commission [operator] shall perform
  the [have] sampling [performed] under this subsection not less
  often than once every 12 months. Sampling results obtained by the
  commission shall be used by the permitted concentrated animal
  feeding operator to satisfy any annual sampling of permitted waste
  application fields required by commission rule or individual
  permit.
         (b)  Each sample collected under this section must be tested
  for phosphorus and any other nutrient designated by the commission 
  [executive director].  The commission may have the sampling
  required by this section performed under contract.  The sampling
  must be performed by a person described by Section
  26.503(b)(2)(E)(ii).  The test results must be made available to
  the [executive director and the] operator of the concentrated
  animal feeding operation.  The test results are public records of
  the commission.
         SECTION 2.  Subsection (f), Section 26.504, Water Code, is
  repealed.
         SECTION 3.  This Act takes effect June 1, 2010.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 876 passed the Senate on
  April 16, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 876 passed the House on
  May 27, 2009, by the following vote:  Yeas 148, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor