SB766 - Relating to the correction of references to the Texas Natural Resource Conservation Commission.

      S.B. No. 766         AN ACT   relating to the correction of references to the Texas Natural   Resource Conservation Commission.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 76.001, Agriculture Code, is amended by   adding Subdivision (4-a) to read as follows:                 (4-a)     "Commission" means the Texas Commission on   Environmental Quality.          SECTION 2.  Sections 76.003(b), (c), and (d), Agriculture   Code, are amended to read as follows:          (b)  A pesticide may be included on a list of   state-limited-use pesticides if the department determines that,   when used as directed or in accordance with widespread and commonly   recognized practice, the pesticide requires additional   restrictions to prevent unreasonable risk to man or the   environment, taking into account the economic, social, and   environmental costs and benefits of use of the pesticide. However,   the department shall not place a pesticide on the state-limited-use   list solely on the basis of actual damage or risk of damage to water   quality without first obtaining approval from the commission [ Texas   Natural Resource Conservation Commission ] based on the impact of   the pesticide's use on water quality.          (c)  The department shall formally request an opinion   regarding impact on water quality from the commission [ Texas   Natural Resource Conservation Commission ] during department   consideration of any amendments to the current list of   state-limited-use pesticides.          (d)  At the direction of the commission [ Texas Natural   Resource Conservation Commission ] in conjunction with its   responsibilities pursuant to Chapter 26, Water Code, the department   shall consider any formal request to add any pesticide to the   state-limited-use list under Subsection (b), and the department   shall issue regulations regarding the time, place, and conditions   of such pesticide's use.          SECTION 3.  Section 76.004(b), Agriculture Code, is amended   to read as follows:          (b)  Any rules adopted by the department for the purpose of   protection or enhancement of water quality shall not be   inconsistent with nor less stringent than rules adopted for the   protection or enhancement of water quality by the commission [ Texas   Natural Resource Conservation Commission ] pursuant to   recommendations of the Texas Groundwater Protection Committee.          SECTION 4.  Sections 76.007(b), (c), (d), and (e),   Agriculture Code, are amended to read as follows:          (b)  The commission [ Texas Natural Resource Conservation   Commission ] shall have principal authority to regulate and control   water pollution. If the United States Environmental Protection   Agency adopts a final rule requiring states to implement a state   management plan for pesticides in groundwater, the department shall   cooperate with the Texas Groundwater Protection Committee in the   committee's development and implementation of federally mandated   state management plans for pesticides in groundwater in accordance   with Section 26.407, Water Code.          (c)  The department shall seek advice from the commission   [ Texas Natural Resource Conservation Commission ], the Parks and   Wildlife Department, the Texas Department of Health, and the Texas   Agricultural Extension Service in reviewing applications for   special local need or emergency pesticide registrations. The   department shall act expeditiously to review any application for   special local need or emergency pesticide registrations.          (d)  The department shall give written notice to the   commission [ Texas Natural Resource Conservation Commission ]   whenever it has probable cause to believe that serious   contamination of water has occurred as a result of use, misuse,   manufacture, storage, or disposal of pesticides so that the   commission [ Texas Natural Resource Conservation Commission ] may   proceed with an investigation of a possible violation of the Water   Code.                (1)  If the commission [ Texas Natural Resource   Conservation Commission ] determines that a violation of the Water   Code has occurred, the commission shall seek the remedies provided   by the Water Code.                (2)  If the department determines that a violation of   the Agriculture Code has occurred regarding the use, manufacture,   storage, or disposal of pesticides, the department shall seek the   remedies provided by this code.                (3)  The foregoing remedies shall not be mutually   exclusive.          (e)  The commission [ Texas Natural Resource Conservation   Commission ] shall give written notice to the department whenever it   has probable cause to believe that serious contamination of water   has occurred as a result of the use, misuse, storage, disposal, or   manufacture of pesticides so that the department may proceed with   an investigation to determine if a violation of the Agriculture   Code has occurred.                (1)  If the department determines that a violation of   the Agriculture Code has occurred, the department shall seek the   remedies provided by this code.                (2)  If the commission [ Texas Natural Resource   Conservation Commission ] determines that a violation of the Water   Code has occurred, the commission [ Texas Natural Resource   Conservation Commission ] shall seek the remedies provided by the   Water Code.                (3)  The foregoing remedies shall not be mutually   exclusive.          SECTION 5.  Section 76.131(a), Agriculture Code, is amended   to read as follows:          (a)  The department may adopt rules governing the storage and   disposal of pesticides and pesticide containers for the purpose of:                (1)  preventing injury from storage or disposal to man,   vegetation, crops, or animals; and                (2)  preventing any water pollution that is harmful to   man or wildlife provided, however, that such rules be consistent   with and not less stringent than commission [ Texas Natural Resource   Conservation Commission ] rules adopted under Chapter 26 , [ of the ]   Water Code.          SECTION 6.  Section 76.132, Agriculture Code, is amended to   read as follows:          Sec. 76.132.  DISPOSAL OF PESTICIDE.  The department, in   coordination with the commission [ Texas Commission on   Environmental Quality ] and the Texas A&M AgriLife Extension   Service, shall organize pesticide waste and pesticide container   collection activities statewide.  The department, the commission   [ Texas Commission on Environmental Quality ], and the Texas A&M   AgriLife Extension Service may contract for the services of   contractors that are licensed in the disposal of hazardous waste   under Section 401.202, Health and Safety Code, or other contractors   to implement the pesticide waste and pesticide container collection   activities and facilitate the collection of canceled,   unregistered, or otherwise unwanted pesticide products and   pesticide containers.          SECTION 7.  Section 134.001(8), Agriculture Code, is amended   to read as follows:                (8)  "New aquaculture facility" means a commercial   aquaculture facility whose owner or operator initially sought waste   discharge authorization from the Texas Natural Resource   Conservation Commission after January 19, 1999 , or the Texas   Commission on Environmental Quality after December 31, 2003 .          SECTION 8.  Section 201.006(f), Agriculture Code, is amended   to read as follows:          (f)  The state board or a conservation district may disclose   information relating to water quality complaints or compliance   failures to the Texas [ Natural Resource Conservation ] Commission on   Environmental Quality under Section 201.026.          SECTION 9.  Section 201.027, Agriculture Code, is amended to   read as follows:          Sec. 201.027.  ENFORCEMENT REFERRAL RECORDS. (a) The state   board shall maintain detailed records about each state board   referral of an agricultural or silvicultural operation to the Texas   [ Natural Resource Conservation ] Commission on Environmental   Quality for enforcement.          (b)  Records maintained under Subsection (a) must include   information regarding the final disposition of the referral by the   Texas [ Natural Resource Conservation ] Commission on Environmental   Quality , including any enforcement action taken against the   agricultural or silvicultural operation.          SECTION 10.  Section 418.122(a), Government Code, is amended   to read as follows:          (a)  The Texas [ Natural Resource Conservation ] Commission on   Environmental Quality and other state agencies, in conjunction with   the division, shall keep land uses and construction of structures   and other facilities under continuing study and shall identify   areas that are particularly susceptible to severe land shifting,   subsidence, flooding, or other catastrophes.          SECTION 11.  Section 660.203(a), Government Code, is amended   to read as follows:          (a)  An individual is entitled to reimbursement for the   actual expense of meals and lodging incurred while performing the   duties of the individual's office or employment if the individual   is:                (1)  a judicial officer;                (2)  a chief administrative officer of a state agency,   subject to Subsection (c);                (3)  the executive director of the Texas Legislative   Council;                (4)  the secretary of the senate;                (5)  a member of the Texas [ Natural Resource   Conservation ] Commission on Environmental Quality , the Texas   Workforce Commission, the Public Utility Commission of Texas, the   Board of Pardons and Paroles, or the Sabine River Compact   Administration; or                (6)  a full-time member of a board and receives a salary   from the state for service on that board.          SECTION 12.  Section 1501.251, Government Code, is amended   to read as follows:          Sec. 1501.251.  APPLICABILITY OF SUBCHAPTER. This   subchapter applies only to a municipality:                (1)  that has a population of more than 275,000;                (2)  in which a majority of the qualified voters voting   in an election have voted to authorize the municipality to contract   with a river authority created under Section 59, Article XVI, Texas   Constitution, to acquire a water supply project from that   authority; and                (3)  that holds a permit issued by the Texas [ Natural   Resource Conservation ] Commission on Environmental Quality for the   municipality to use the water supply.          SECTION 13.  Section 2166.404(a), Government Code, is   amended to read as follows:          (a)  The commission, in consultation with the Texas [ Natural   Resource Conservation ] Commission on Environmental Quality , the   Texas Department of Transportation, and the Industry Advisory   Committee, by rule shall adopt guidelines for the required use of   xeriscape on state property associated wit [Text truncated for display. 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