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AN ACT
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relating to the disposal of sewage by certain boats. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a), (b), (c), (d), and (f), Section |
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26.044, Water Code, are amended to read as follows: |
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(a) In [As used in] this section: |
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(1) "Boat"[, "boat"] means any vessel or other |
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watercraft, whether moved by oars, paddles, sails, or other power |
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mechanism, inboard or outboard, or any other vessel or structure |
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floating on surface water in the [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. The term does not include a vessel subject to inspection |
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under 46 U.S.C. Section 3301. |
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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 surface |
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water in the state. |
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(4) "Surface water in the state" means all lakes, |
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bays, ponds, impounding reservoirs, springs, rivers, streams, |
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creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico out |
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three nautical miles into the Gulf, and all other bodies of surface |
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water, natural or artificial, inland or coastal, fresh or salt, |
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navigable or nonnavigable, and including the beds and banks of all |
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watercourses and bodies of surface water, that are wholly or |
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partially inside or bordering the state or inside the jurisdiction |
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of the state, except waters beyond three nautical miles of any shore |
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in the state. |
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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 surface water |
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in the [inland fresh waters in this] state. The rules of the |
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commission shall include provisions for the establishment of |
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standards for sewage disposal devices, the certification of sewage |
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disposal devices, including shoreside and mobile boat [on-shore] |
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pump-out stations [facilities], and the visible and conspicuous |
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display of evidence of certification of sewage disposal devices on |
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each boat equipped with such device and on each shoreside and mobile |
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[on-shore] pump-out device. |
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(c) The commission may delegate the administration and |
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performance of the certification function to the executive director |
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or to another [any other] governmental entity. The commission or |
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delegated authority shall collect the following fees from |
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applicants for certification: |
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Boat Pump-out Station (biennial) [Certificates (annual)]: |
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Initial Certificates for Pump-out $35 |
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Pump-out Renewal $25 |
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Marine Sanitation Device (biennial): |
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Boat over 26 Feet or Houseboat $15 |
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Boat 26 Feet or less with Permanent Device $15 |
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All certification fees shall be paid to the commission or delegated |
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authority [entity] performing the certification function. All fees |
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collected by any state agency shall be deposited to the credit of |
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the water resource management account for use by the commission or |
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delegated authority [that agency in administering and performing
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the certification function]. |
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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, and posted on the |
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commission's Internet website [the office of the county clerk in
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each county in the state]. 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. Subsections (a), (b), and (c), Section 26.045, |
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Water Code, are amended to read as follows: |
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(a) In this section "boat," "boat pump-out station," |
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"shoreside, mobile, or floating installation," and "surface water |
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in the state" have the meanings assigned by[:
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[(1) "Boat" means the same as defined in] Section |
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26.044 [26.044(a), Water Code]. |
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[(2)
"Boat pump-out station" means any private or
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public shoreside installation either independent of or in addition
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to an organized waste collection, treatment, and disposal system
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used to receive boat sewage.
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[(3)
"Shoreside installation" means marinas and other
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installations servicing boats on fresh water of Texas.
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[(4)
"Fresh water" means as geographically applied all
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of the surface lakes, streams, and reservoirs of the state,
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exclusive of 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 surface [fresh] water in 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 surface [fresh] water in the state or |
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over 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 testing the sanitation and holding |
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devices, including placing a dye tablet in the holding tank. |
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SECTION 5. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2445 passed the Senate on |
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April 22, 2009, by the following vote: Yeas 29, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2445 passed the House on |
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May 26, 2009, by the following vote: Yeas 146, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |