HBA-AMW H.B. 3355 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3355
By: McReynolds
Natural Resources
4/4/2001
Introduced



BACKGROUND AND PURPOSE 

Many agricultural producers currently operate with a water quality
management plan (plan) created by the State Soil and Water Conservation
Board (board) to assist in protecting and preserving water supplies. Under
current law, a person without a plan who intends to bury agricultural waste
must follow the Texas Natural Resource Conservation Commission (TNRCC)
guidelines for burial, including notifying TNRCC before each burial and
deed recordation of property for each burial.  House Bill 3355 requires the
board to develop criteria for the proper burial of animal carcasses in
plans for agricultural facilities. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3355 amends the Agriculture Code to require a water quality
management plan (plan) that covers agricultural land on which animal
carcasses will be disposed of by burial to include provisions for siting
criteria and appropriate management practices for the disposal of animal
carcasses.  If a water quality management plan includes provisions for the
disposal of animal carcasses, the bill requires the plan to identify
suitable locations for disposal based on site-specific factors including
land use, soil conditions, or proximity to groundwater or surface water
supplies.   

The bill requires the location of any suitable disposal area to be
determined in a manner prescribed by the State Soil and Water Conservation
Board (board).  The bill exempts property that is the subject of and
compliant with the provisions of a certified plan from any deed recordation
requirements in state law or regulation related to the disposal or
management of industrial solid waste.  The bill authorizes the board to
develop and certify a plan for any agricultural or silvicultural land at
the request of the landowner. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.