88R1465 JTZ-D     By: Murr H.B. No. 1688       A BILL TO BE ENTITLED   AN ACT   relating to water quality protection areas.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 26.551, Water Code, is amended by adding   Subdivision (1-a) to read as follows:                (1-a)  "Coke Stevenson Scenic Riverway" means the North   Llano River and South Llano River in Kimble County, located   upstream of the rivers' confluence at the city of Junction.          SECTION 2.  Section 26.552(b), Water Code, is amended to   read as follows:          (b)  For the period of September 1, 2005, to September 1,   2025, the commission shall apply this subchapter only as a pilot   program in:                (1)  the John Graves Scenic Riverway; and                (2)  the Coke Stevenson Scenic Riverway.          SECTION 3.  Section 26.555, Water Code, is amended to read as   follows:          Sec. 26.555.  INSPECTIONS OF AND SAMPLING OF WATER IN PILOT   PROGRAM AREAS [JOHN GRAVES SCENIC RIVERWAY]. (a)  To detect   potential violations of this subchapter in the John Graves Scenic   Riverway and the Coke Stevenson Scenic Riverway, the commission,   the Brazos River Authority or the Lower Colorado River Authority,   as appropriate, and the Parks and Wildlife Department shall   coordinate efforts to conduct each calendar year:                (1)  visual inspections of the riverways [riverway];   and                (2)  testing of water samples drawn from the Brazos   River, the Coke Stevenson Scenic Riverway, and their respective   [its] tributaries [in the riverway].          (b)  The visual inspections and the drawing of water samples   must be conducted at least once in a winter month and at least once   in a summer month. The visual inspections must be conducted both   from the surfaces [surface] of the John Graves Scenic Riverway and   the Coke Stevenson Scenic Riverway and from an aircraft flying over   the riverways [riverway].          SECTION 4.  Section 26.559, Water Code, is reenacted to read   as follows:          Sec. 26.559.  RECLAMATION AND RESTORATION FUND ACCOUNT. (a)   Penalties and other money received by the commission as a result of   an enforcement action taken under this subchapter, and any gift or   grant the commission receives for the purposes of this subchapter,   shall be deposited into the reclamation and restoration fund   account in the general revenue fund. Money in the account may be   appropriated only to the commission for the reclamation and   restoration of the beds, bottoms, and banks of water bodies   affected by the unlawful discharges subject to this subchapter.          (b)  At least 60 days before spending money from the   reclamation and restoration fund account, the commission shall   publish notice of its proposed plan and conduct a hearing for the   purpose of soliciting public comment, oral or written. The   commission shall fully consider all written and oral submissions on   the proposed plan.          (c)  At least 30 days before the date of the public hearing,   the notice must be published in the Texas Register and in a   newspaper of general circulation in the county where the violation   resulting in the payment of the penalties or other money occurred.          (d)  Interest and other income earned on money in the account   shall be credited to the account. The account is exempt from the   application of Section 403.095, Government Code.          SECTION 5.  This Act takes effect September 1, 2023.