Bill Text: TX SB1432 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the regulation of sport lagoons and granting rulemaking authority.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-20 - Referred to Natural Resources & Economic Development [SB1432 Detail]
Download: Texas-2017-SB1432-Introduced.html
By: Estes | S.B. No. 1432 | |
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relating to the regulation of sport lagoons and granting rulemaking | ||
authority. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 2, Subtitle D, Water Code, is amended by | ||
adding Chapter 33 to read as follows: | ||
Chapter 33. SPORT LAGOONS | ||
Subchapter A. GENERAL PROVISIONS | ||
Sec. 33.001. DEFINITIONS In this Chapter: | ||
(1) "Sport Lagoon" means any artificial, permanently | ||
installed or non-portable structure, basin, chamber, or tank | ||
containing a minimum of 4.5 million gallons of non-potable water | ||
used for swimming, diving, aquatic sports, or other aquatic | ||
activities. For purposes of this Chapter, a "sport lagoon" is not a | ||
"public swimming pool" as defined in Chapter 341, Health & Safety | ||
Code, nor is it subject to Chapter 341, Health & Safety Code. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
SECTION 2. Subchapter B, Chapter 33, Water Code is added to | ||
read as follows: | ||
SUBCHAPTER B. PERMITS | ||
Sec. 33.011. APPLICATION FOR PERMIT. Any person may apply | ||
to the Commission for a permit to construct and operate a sport | ||
lagoon. | ||
Sec. 33.012. APPLICATION FORM. The Commission shall | ||
prescribe a form on which an application for a permit may be made | ||
and shall make the form available online and upon request. | ||
Sec. 33.013. CONTENTS OF APPLICATION. The application for | ||
a permit shall: | ||
(1) state the applicant's name, business address, and | ||
permanent mailing address; | ||
(2) include all pertinent engineering and design reports | ||
that will be used to construct the sport lagoon, water storage | ||
facility, and disinfection system; | ||
(3) include all pertinent information to demonstrate that | ||
the disinfection system meets or exceeds best practices used in the | ||
water recreation industry for sport lagoons as established by | ||
organizations like the Centers for Disease Control and Prevention, | ||
the International Association of Amusement Parks and Attractions, | ||
the World Health Organization, or others; and | ||
(4) include other relevant information required by the | ||
Commission necessary for the review of the application. | ||
Sec. 33.014. APPLICATION FEE. With each application for | ||
issuance, renewal, or material amendment of a permit, the applicant | ||
shall submit a fee established by the Commission. A fee established | ||
by the commission shall not exceed an amount necessary for the | ||
operation of the permitting program under this section. | ||
Sec. 33.015. REJECTING AN APPLICATION. If an application | ||
for a permit does not comply with Section 33.013 of this code or | ||
with reasonable rules of the Commission, the Commission may reject | ||
the application. | ||
Sec. 33.016. SUSPENSION; REFUSAL TO RENEW. The Commission | ||
may suspend or refuse to renew a permit for a period not to exceed | ||
one year if the permittee: | ||
(1) violates the provisions of this chapter; | ||
(2) violates reasonable rules promulgated under this | ||
chapter; or | ||
(3) does not maintain a disinfection system that meets or | ||
exceeds best practices in the water recreation industry as defined | ||
in this chapter. | ||
Sec. 33.017. APPEAL. Any person whose permit application | ||
is rejected, suspended, or whose application for permit renewal is | ||
rejected by the Commission may file a petition in an action to set | ||
aside the Commission's act within the 30-day period immediately | ||
following the day the applicant receives notice of the Commission's | ||
action. | ||
Sec. 33.018. SUIT TO COMPEL COMMISSION TO ACT. If the | ||
Commission does not approve or reject the application within 90 | ||
days of submission, the applicant may file an action to compel the | ||
Commission to show cause why it should not be directed by the court | ||
to take immediate action. | ||
Sec. 33.019. VENUE. The venue in actions under this Chapter | ||
is fixed exclusively in the district courts of Travis County. | ||
SECTION 3. This Act takes effect September 1, 2017. |