Every month during the 87th Regular Session of the Texas Legislature, Dr. Robert Mace and Dr. Todd Votteler provide an update on water-related legislation. The key water committees are Water, Agriculture, and Rural Affairs in the Senate, chaired by Senator Charles Perry (R) of Lubbock, and Natural Resources in the House of Representatives chaired, by Representative Tracy King (D) of Uvalde.
Since our last installment both committees have held hearings and have started the work of going through various bills. The Senate Water, Agriculture, and Rural Affairs Committee has established Monday morning at 8 a.m. as its regular hearing date (although they can change meeting schedules on short notice), while the House Natural Resources Committee has selected Tuesdays at 8 a.m. for its regular hearing date.
So how many bills are there on the Legislature’s plate?
Now that the deadline for filing new bills during the regular session has come and gone, we can tell you that the Legislative Reference Library of Texas reports that members of the Legislature filed almost 7,000 bills and joint resolutions by the March 12 filing deadline (don’t let this fool you, there are still ways to introduce some additional bills). Compare this to the 86th Legislature in 2019, when close to 7,300 bills had been filed by the same deadline.
Below is a list of some of the water-related bills that have been filed to date, much smaller subset of the total mentioned above. In April, we will update you on the progress (if any) regarding key water-related bills. A few bills have now been introduced into one of the committees in the Senate and House. These include:
HB 966 (Burns), Relating to the award of attorney’s fees and other costs in certain suits involving a groundwater conservation district. This bill was introduced and left pending in the House Natural Resources Committee.
HB 1044 (Anchia), Relating to establishing the Texas Climate Change Mitigation and Adaptation Commission to study and address the impacts of climate change in this state. This bill was introduced and left pending in the House Environmental Regulation Committee.
HB 1435 (Lucio III), Relating to a certificate of public convenience and necessity to provide water or sewer service in an area incorporated or annexed by a municipality. This bill was considered in public hearing with testimony in the House Natural Resources Committee. The bill was left pending in the committee.
HB 1874 (Larson), Relating to the provision of technical assistance by the Texas Water Development Board to an interregional planning council. This bill was introduced and left pending in the House Natural Resources Committee.
HB 1904 (Harris), Relating to the use of the water infrastructure fund. This bill was introduced and left pending in the House Natural Resources Committee.
HB 1905 (Harris), Relating to relieving regional water planning groups of certain duties. This bill was introduced and left pending in the House Natural Resources Committee.
HB 2225 (King, Tracy O. | et al.), Relating to the powers and duties of the Parks and Wildlife Department regarding the Texas Water Trust. This bill was considered in public hearing with testimony in the House Natural Resources Committee, which is chaired by the bill’s author. The bill was left pending in the committee.
SB 152 (Perry), Relating to the regulation of groundwater conservation districts [legal fees, petitioning for rule-making, etc.]. This bill was considered in public hearing with testimony in the Senate Water, Agriculture, and Rural Affairs Committee, which is chaired by the bill’s author. The bill was left pending in the committee. The companion bill, HB 666, was introduced and left pending in the House Natural Resources Committee.
SB 306 (Eckhardt), Relating to information on projected changes in weather, water availability, and climate variability in strategic plans of certain state agencies. This bill was introduced and left pending in the Senate Natural Resources and Economic Development Committee.
SB 601 (Perry), Relating to the creation and activities of the Texas Produced Water Consortium. This bill was considered in public hearing with testimony in the Senate Water, Agriculture, and Rural Affairs Committee, which is chaired by the bill’s author. The bill was left pending in the committee.
SB 905 (Perry/Springer), Relating to guidance on the regulations applicable to the potable reuse of wastewater. This was introduced and left pending in the Senate Water, Agriculture, and Rural Affairs Committee, which is chaired by one of the authors of the bill.
Water Bill Tracker
Note: There is no guarantee of accuracy on this sheet. Confirm status of any bill of interest at Texas Legislature Online.
Legend:
R = Referred to Committee
I = Introduced into Committee
GW = Groundwater
Q = Water Quality
CL = Climate Change
IWT = Innovative Water Technologies
S = Scheduled For a Hearing
H = Bill Has Been Heard
| Topic | Bill | Author(s) | R | Hearing | Companion | Caption |
| GW | HB 152 | Buckley | X | Relating to a study by the Texas Water Development Board of groundwater conditions in certain counties. [for the Trinity and Edwards Aquifers north of the Colorado River in Bell, Burnet, Milam, Travis, and Williamson Counties] | ||
| Q | HB 242 | Zweiner | X | Relating to the authority of the Texas Commission on Environmental Quality to require water pollution abatement plans from certain facilities regulated by the Railroad Commission of Texas. | ||
| CL | HB 271 | Murr | X | Relating to the procedure by which a state agency may issue an opinion that a watercourse is navigable. | ||
| Q | HB 291 | Murr | X | Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee | ||
| Q | HB 303 | Collier | X | Relating to testing for lead contamination in public school drinking water. | ||
| HB 348 | Zweiner | X | Relating to a requirement to make certain environmental and water use permit applications available online. | |||
| Q | HB 605 | Gervin-Hawkins | X | Relating to the adoption of a healthy and safe school water plan by public schools. | ||
| GW | HB 666 | Harris | X | SB 152 | Relating to the regulation of groundwater conservation districts. | |
| GW | HB 668 | Harris | X | SB 152 | Relating to the regulation of groundwater conservation districts. | |
| HB 767 | Huberty | X | Relating to best management practices for aggregate production operations. | |||
| IWT | HB 806 | Gates | X | Relating to nonsubmetered billing for water or wastewater service. | ||
| GW | HB 966 | Burns | X | Relating to the award of attorney’s fees and other costs in certain suits involving a groundwater conservation district. | ||
| CL | HB 1044 | Anchia | X | Relating to establishing the Texas Climate Change Mitigation and Adaptation Commission to study and address the impacts of climate change in this state | ||
| HB 1143 | Ramos | X | Relating to the publication of pathogen-related fresh water data by the Texas Commission on Environmental Quality. | |||
| HB 1154 | Jetton | X | Relating to the requirement that certain political subdivisions cause certain information to be posted on an Internet website. | |||
| HB 1180 | Krause | X | Relating to the creation of the Fiscal Risk Management Commission. | |||
| HB 1191 | Goodwin | X | Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. | |||
| HB 1289 | Reynolds | X | Relating to notice of certain accidental discharges or spills to local government officials by the Texas Commission on Environmental Quality. | |||
| HB 1391 | Middleton | X | S | Relating to the effect of an election at which the voters fail to approve or vote to reduce the ad valorem tax rate adopted by the governing body of a taxing unit. | ||
| HB 1395 | Middleton | X | Relating to ad valorem taxation. | |||
| HB 1410 | Murphy | X | S | Relating to the provision of parks and recreational facilities by water districts. | ||
| HB 1615 | Cyrier | X | SB 700 | Relating to the continuation and functions of the Texas Parks and Wildlife Department. | ||
| HB 1718 | Rodriguez | X | Relating to the equalization of the rates of production fees charged on certain wells by the Barton Springs-Edwards Aquifer Conservation District; authorizing an increase in the rate of the fee. | |||
| HB 1801 | Larson | X | Relating to withdrawals of water from the Edwards Aquifer to supply a military installation | |||
| HB 1812 | Zweiner | X | Relating to climate change planning and reporting. | |||
| HB 1866 | Lucio III | X | SB 669 | Relating to certain reports created by the Texas Water Development Board. | ||
| HB 1874 | Larson | X | S | SB 673 | Relating to the provision of technical assistance by the Texas Water Development Board to an interregional planning council. | |
| HB 1904 | Harris | X | S | SB 531 | Relating to the use of the water infrastructure fund | |
| HB 1905 | Harris | X | S | Relating to relieving regional water planning groups of certain duties | ||
| HB 1949 | Crockett | X | Relating to information on projected changes in weather, water availability, and climate variability in strategic plans of certain state agencies. | |||
| HB 1956 | Beckley | X | Relating to information on projected changes in weather, water availability, and climate variability in strategic plans of certain state agencies. | |||
| HB 2017 | Thierry | X | Relating to information on projected changes in weather, water availability, and climate variability in strategic plans of certain state agencies. | |||
| HB 2019 | Hefner | X | SB 699 | Relating to a study of the conversion of surface mine pits and quarries to water storage reservoirs in order to enhance this state’s available water supply. | ||
| HB 2038 | Talarico | X | Relating to lead in drinking water at schools and child care facilities | |||
| HB 2095 | Wilson | X | Relating to water research conducted by The University of Texas Bureau of Economic Geology | |||
| HB 2103 | Bowers | X | Relating to the authority of certain water planning entities to hold an open or closed meeting by telephone conference call or videoconference call | |||
| HB 2148 | Stephenson | X | Relating to notice of contamination of a public water supply to certain water providers by the Texas Commission on Environmental Quality | |||
| HB 2166 | Raymond | X | Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. | |||
| HB 2196 | Schaefer | X | Relating to state emergency management during a state of disaster. | |||
| HB 2224 | Bell, Cecil | X | Relating to rates established by municipalities for water and sewer services. | |||
| HB 2225 | King, Tracy O. | X | S | Relating to the powers and duties of the Parks and Wildlife Department regarding the Texas Water Trust. | ||
| HB 2236 | Hernandez | X | Relating to the authority of a county to adopt a land bank program. | |||
| HB 2261 | Wu | X | S | Relating to the authority of a municipal management district to provide public education facilities and public education-related supplemental services. | ||
| HB 2268 | Paul | X | Relating to disconnection notices for water and sewer service. | |||
| HB 2275 | Zwiener | X | Relating to critical infrastructure resiliency and financing | |||
| HB 2350 | Zwiener | X | Relating to financial assistance provided to political subdivisions by the Texas Water Development Board for nature-based water quality enhancement projects | |||
| HB 2368 | Morales Shaw | X | Relating to the participation by local governments in water quality control measures | |||
| HB 2370 | Morales Shaw | X | Relating to procedures for certain permit applications submitted to the Texas Commission on Environmental Quality | |||
| HB 2381 | Larson | X | Relating to the establishment of the Texas Energy and Communications Commission to consolidate the functions of the Public Utility Commission of Texas and the Railroad Commission of Texas. | |||
| HB 2422 | Zwiener | X | Relating to the regulation of aggregate production operations by the commissioners court in certain counties | |||
| HB 2426 | Murr | X | Relating to water quality protection areas | |||
| HB 2428 | Murr | X | Relating to the calculation of net to land in the appraisal of open-space land for ad valorem tax purposes. | |||
| HB 2492 | Morales, Eddie | X | Relating to a grant program for public improvement projects for unincorporated communities in certain counties. | |||
| HB 2564 | Crockett | X | Relating to mailed notice of the intent to obtain certain environmental permits | |||
| HB 2573 | Kuempel | X | Relating to the applicability of certain municipal ordinances in the municipality’s extraterritorial jurisdiction. | |||
| HB 2619 | Wilson | X | Relating to the creation and administration of the On-The-Ground Conservation Program by the State Soil and Water Conservation Board | |||
| HB 2634 | Campos | X | Relating to the development of a plan for the provision of food and water in an emergency to certain housing facilities operated by public housing authorities. | |||
| HB 2652 | Larson | X | Relating to establishing an advisory board to study surface water and groundwater interaction | |||
| HB 2659 | Rosenthal | X | Relating to reporting requirements for certain accidental discharges or spills | |||
| HB 2692 | Landgraf | X | S | Relating to the regulation of radioactive waste; reducing a surcharge; reducing a fee. | ||
| HB 2710 | Bowers | X | Relating to an exemption to the cancellation of a water right for nonuse. | |||
| HB 2716 | King, Tracy O. | X | Relating to recommendations made by the Parks and Wildlife Department and intervention by the Parks and Wildlife Department in matters regarding certain permits. | |||
| HB 2717 | Landgraf | X | Relating to certain requirements for water systems | |||
| HB 2745 | Rosenthal | X | Relating to regulation by the Railroad Commission of Texas of the geologic storage of anthropogenic carbon dioxide. | |||
| HB 2851 | Lucio III | X | Relating to the consideration of modeled sustainable groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. | |||
| HB 2858 | Darby | X | Relating to a study and analysis by the comptroller on delivery methods used for certain projects of the Texas Department of Transportation and the Texas Water Development Board | |||
| HB 2863 | Kuempel | X | Relating to the storage and recovery of water in a portion of the Edwards Aquifer. | |||
| HB 2877 | Beckley | X | Relating to notice to elected officials of a widespread power, water, or natural gas outage or emergency | |||
| HB 2898 | Lopez | X | Relating to notice required after an intentional shutoff of electric and water service | |||
| HB 2905 | Morrison | X | Relating to public-private partnerships to design, develop, finance, construct, and receive financial assistance for certain water-related projects. | |||
| HB 2990 | Morales Shaw | X | Relating to a requirement to make certain environmental and water use permit applications available online. | |||
| HB 3084 | Larson | X | Relating to the identification of and funding for interregional water projects. | |||
| HB 3096 | Burrows | X | Relating to the creation and activities of the Texas Produced Water Consortium. | |||
| HB 3116 | Metcalf | X | Relating to recommendations for the appointment of directors of the San Jacinto River Authority. | |||
| GW | SB 152 | Perry | X | H | HB 666 | Relating to the regulation of groundwater conservation districts. [legal fees, petitioning for rule-making, etc] |
| CL | SB 306 | Eckhardt | X | Relating to information on projected changes in weather, water availability, and climate variability in strategic plans of certain state agencies. | ||
| SB 307 | Eckhardt | X | Relating to the transmission of water across two or more county lines for the purpose of providing wholesale water service. | |||
| SB 531 | Kolkorst | X | HB 1904 | Relating to the use of the water infrastructure fund. | ||
| SB 600 | Perry | X | Relating to an inventory of dams controlled by river authorities | |||
| SB 601 | Perry | X | H | Relating to the creation and activities of the Texas Produced Water Consortium. | ||
| SB 656 | Gutierrez | X | Relating to the creation of the Val Verde County Groundwater Conservation District; providing authority to issue bonds; providing authority to impose fees, surcharges, and taxes. | |||
| SB 668 | Menéndez | X | Relating to the confidentiality of certain government operated utility customer information. | |||
| SB 669 | Springer | X | HB 1866 | Relating to certain reports created by the Texas Water Development Board. | ||
| SB 669 | Hughes | X | HB 2019 | Relating to a study of the conversion of surface mine pits and quarries to water storage reservoirs in order to enhance this state’s available water supply. | ||
| SB 673 | Buckingham | X | HB 1874 | Relating to the provision of technical assistance by the Texas Water Development Board to an interregional planning council. | ||
| SB 700 | Buckingham | et al. | X | HB 1615 | Relating to the continuation and functions of the Texas Parks and Wildlife Department. | ||
| SB 739 | Birdwell | X | Relating to the presiding officers of the boards of directors of river authorities. | |||
| SB 817 | Gutierrez | X | Relating to the winterization and emergency preparedness for electric utilities, power generation companies, municipally owned utilities, and electric cooperatives. | |||
| SB 830 | Zaffirini | X | Relating to the procedure for amending or revoking certificates of public convenience and necessity issued to certain retail public utilities. | |||
| SB 853 | Menéndez | X | Relating to the establishment of the Texas Energy and Communications Commission to consolidate the functions of the Public Utility Commission of Texas and the Railroad Commission of Texas. | |||
| SB 859 | Johnson et al. | X | Relating to the authority of certain water planning entities to hold an open or closed meeting by telephone conference call or videoconference call. | |||
| SB 871 | Nichols et al. | X | Relating to the continuation and functions of the Texas State Board of Plumbing Examiners; requiring an occupational license; authorizing a fee. | |||
| SB 888 | Eckhardt | X | Relating to the use of green stormwater infrastructure in new state buildings. | |||
| SB 905 | Perry et al. | X | Relating to guidance on the regulations applicable to the potable reuse of wastewater. | |||
| SB 946 | Eckhardt | X | Relating to the criteria considered by groundwater conservation districts before granting or denying a permit. | |||
| SB 995 | Powell et al. | X | Relating to the establishment of the disaster reinvestment and infrastructure planning board and the creation of the disaster reinvestment and infrastructure planning revolving fund; making an appropriation. | |||
| SB 997 | Nichols | X | Relating to procedural requirements for the review of a contractual rate charged for the furnishing of raw or treated water or water or sewer service | |||
| SB 1022 | Gutierrez | X | Relating to the appeal of rates charged for water or sewer service by certain retail public utilities | |||
| SB 1039 | Eckhardt | X | Relating to establishing an advisory board to study surface water and groundwater interaction. | |||
| SB 1046 | Birdwell et al. | X | Relating to the regulation of radioactive waste; reducing a surcharge; reducing a fee. | |||
| SB 1118 | Johnson | X | Relating to the creation and administration of the On-The-Ground Conservation Program by the State Soil and Water Conservation Boar | |||
| SB 1168 | Campbell | X | Relating to the authority of a municipality to impose a fine or fee in certain areas in the municipality’s extraterritorial jurisdiction. | |||
| SB 1176 | Taylor | X | Relating to relieving regional water planning groups of certain duties. | |||
| SB 1196 | Whitmire | X | Relating to the continuation and functions of the Texas State Board of Plumbing Examiners; authorizing a fee | |||
| SB 1294 | Eckhardt | X | Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. | |||
| SB 1314 | Lucio | X | Relating to a person obtaining a surety bond before filing a suit against a groundwater conservation district. | |||
| SB 1382 | Creighton | X | Relating to the authority of a hospital to drill a water well for the purpose of producing water for use in the event of an emergency or natural disaster | |||
| SB 1409 | Buckingham | X | Relating to the adoption of a certain plumbing code by the Texas State Board of Plumbing Examiners. | |||
| SB 1441 | Campbell | X | Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. | |||
| SB 1569 | Lucio | Relating to the functions of certain urban land bank programs. | ||||
| SB 1570 | Lucio | Relating to the authority of a county to adopt a land bank program. | ||||
| SB 1606 | Hill et al. | Relating to protecting the population of Texas, its environment, and its most vulnerable communities, promoting the resilience of the electric grid and certain municipalities. | ||||
| SB 1676 | Zaffirini | Relating to certain rates and fees charged by water supply corporations. | ||||
| SB 1679 | Alvarado | Relating to the creation of an urban land bank by certain municipalities. | ||||
| SB 1682 | Hancock | Relating to the funding of utility reliability projects by the Texas Water Development Board and other entities; authorizing the issuance of revenue bonds, granting rulemaking authority, and making an appropriation. | ||||
| SB 1687 | Gutierrez | Relating to the use of water withdrawn from the Edwards Aquifer by certain entities. | ||||
| SB 1723 | Eckhardt | Relating to recommendations made by the Parks and Wildlife Department and intervention by the Parks and Wildlife Department in matters regarding certain permits | ||||
| SB 1746 | Zaffirini | Relating to financial assistance provided to political subdivisions by the Texas Water Development Board for nature-based water quality enhancement projects. | ||||
| SB 1747 | Zaffirini | Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain stream segments or assessment units. | ||||
| SB 1890 | Creighton | Relating to the applicability of uniform grant and contract management standards to certain Texas Water Development Board programs. | ||||
| SB 2078 | Menéndez | Relating to electricity supplied to certain water facilities. | ||||
| SB 2097 | Zaffirini | Relating to the regulation by the Texas Commission on Environmental Quality of the discharge of preproduction plastic from point and nonpoint sources to ensure zero discharge or release of plastic into water or onto land in the state and to ensure the prompt cleanup of any discharged or released plastic. | ||||
| SB 2116 | Campbell et al. | Relating to prohibiting contracts or other agreements with certain foreign-owned companies in connection with critical infrastructure in this state | ||||
| SJR 62 | Hancock | Proposing a constitutional amendment providing for the creation of the State Utilities Reliability Fund and the State Utilities Reliability Revenue Fund to provide financial support for projects that enhance the reliability of water, electricity, natural gas and broadband utilities in this state. |
There are a few other water bills of significance that could be added to this list that affect wastewater discharges and transparency requirements for TCEQ: HB 3814 (the plastic “nurdle” bill), HB 2368, HB 3801, HB 4489