During the 87th Regular Session of the Texas Legislature Dr. Todd Votteler and Dr. Robert Mace provide an update on water-related legislation. A considerable contribution for this update was provided by Dr. Ken Kramer, Water Resources Chair for the Lone Star Chapter of the Sierra Club. 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.
As we noted during our last episode, Legislators are engaged in the final mad scramble to get their bills through the ever-narrowing window that closes on May 31st, the last day of the regular session. While it can be difficult to tell what is happening within the scrum, we can still see the outcomes.
As previously noted, the Legislature is only required to pass one bill each session: the state budget (SB 1). With odds for most bills becoming ever longer, talk is turning to that omnium-gatherum of misplaced hope, the SPECIAL SESSION. The Governor can summon the Legislature back to Austin to deal with unresolved issues that he or she wants to address.In this instance, Governor Greg Abbott has already told senators and representatives that their plans to put Austin in their rearview mirrors until 2023 are on hold because they will be reconvening this fall to decide how to spend federal COVID-19 recovery funds. This means for some bills a second life may come in 87th Texas Legislature’s First Called Session (which is also referred to as a Special Session) if the Governor adds other topics that can be considered during the Special Session. This is often done to address other priorities that were not dealt with during the Regular Session, or as a way to gain support from reluctant lawmakers for the Governor’s priorities.
Below is our list of bills with a few new entries we are now watching. We include some details on the status of these bills and provide some details regarding their potential impact.
HB 531 (Walle/Coleman/Morales/Shaw/Hernandez)
Relating to notice requirements for a leased dwelling located in a floodplain. This bill would require landlords to inform their tenants if their rental unit is within an area with a 1% or greater chance of flooding each year (once referred to as the 100-year floodplain, which we don’t use anymore because it is misleading). The landlord must also inform the tenant if the property has sustained any flood damage over the last five years. The House has concurred with amendments by the Senate and so this bill should be sent to Governor Abbott this week.
HB 2225 (T. King/Guillen)
Relating to the powers and duties of the Texas Parks and Wildlife Department (TPWD) regarding the Texas Water Trust. The Texas Water Trust is a repository for surface water rights to maintain instream flows and freshwater inflows to bays and estuaries. HB 2225 directs the TPWD to encourage and facilitate the dedication of water rights to the Trust through lease, donation, purchase, or other voluntary means and authorizes TPWD to manage the rights put into the Trust so as to maximize benefits for the environment. The Senate passed this bill without amending it, so the bill should be sent to Governor Abbott this week.
HB 2710 (Bowers)
Relating to an exemption from the cancellation of a water right for nonuse. This bill would protect surface water rights from cancellation for nonuse if the nonuse is due to a temporary or permanent forbearance agreement that promotes the restoration, preservation, or enhancement of instream flows and the agreement has been filed with Texas Commission on Environmental Quality. This bill is on Senate’s Local and Uncontested Calendar for a floor vote on Wednesday, May 26.
HB 2716 (T. King)
Relating to recommendations made by the Texas Parks and Wildlife Department (TPWD) and intervention by the TPWD in matters regarding certain permits. HB 2716 would restore TPWD’s authority to participate in contested case hearings on environmental permit applications, including surface water rights, to advocate on behalf of the state’s fish and wildlife resources. This bill did not receive a hearing in the Senate Water, Agriculture and Rural Affairs Committee after being passed by the House. It is therefore presumed dead unless it is resurrected as language added to another bill that is still moving forward, which is unlikely.
HB 2851 (Lucio III)
Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. The bill defines “modeled sustainable groundwater pumping” as “the maximum amount of groundwater that the executive administrator determines may be produced in perpetuity from an aquifer on an annual basis using the best available science.” The bill effectively exempts the Ogallala Aquifer by prohibiting the application for aquifers where federal tax law provides a cost depletion deduction for the groundwater withdrawn for irrigation purposes. This bill did not receive a hearing in the Senate Water, Agriculture and Rural Affairs Committee after being passed by the House. It is therefore presumed dead unless it is resurrected as language added to another bill that is still moving forward, which is unlikely.
HB 4146 (T. King)
Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain stream segments or assessment units. This bill prohibits wastewater discharge into stream segments that include, but are not limited to, the Llano, Pedernales, Comal, Guadalupe, Medina, Nueces, and San Marcos Rivers, as well as Barton Creek and Onion Creek. This bill did not receive a hearing in the Senate Water, Agriculture and Rural Affairs Committee after being passed by the House. It is therefore presumed dead unless it is resurrected as language added to another bill that is still moving forward, which is unlikely.
SB 152 (Perry/Creighton)
Relating to the regulation of groundwater conservation districts (legal fees, petitioning for rule-making, etc.). This bill alters the Texas Water Code regarding groundwater conservation districts in a number of respects. This bill was passed by the Senate. A controversial element of this bill was the elimination of the right of groundwater conservation districts to recover attorneys’ fees and other costs for litigation in which a district is sued and prevails in court, which would likely impede efforts by districts to regulate groundwater. This element was removed in the House. This bill is waiting for action by the Senate either to accept the House amendments or refuse to concur in those amendments and request a conference committee to iron out the differences.
SB 600 (Perry/Zaffirini)
Relating to an inventory of dams controlled by river authorities. This bill requires each river authority to provide to the Texas Commission on Environmental Quality information regarding the operation and maintenance of dams under the control of that river authority for a publicly available database. The information that would be required for each dam includes:
(1) the location of the dam;
(2) under whose jurisdiction the dam operates;
(3) a required maintenance schedule for the dam;
(4) costs of the operation and maintenance of the dam; and
(5) the method of finance for the operation and maintenance costs of the dam.
This bill was passed by the Senate, and on May 11, the House passed an amended version of this bill. This bill is waiting for action by the Senate either to accept the House amendments or refuse to concur in those amendments and request a conference committee to iron out the differences.
SB 601 (Perry/Creighton/Springer)
Relating to the creation and activities of the Texas Produced Water Consortium. This bill would create a consortium to study the use of produced water from oil and gas hydraulic fracturing (fracking) for future use. Produced water is defined as the water that exists in subsurface formations, which is brought to the surface during oil and gas production. Water is generated from conventional oil and gas production, as well as the production of unconventional sources such as coal bed methane, tight sands, and gas shale. This bill was passed by the Senate and on Tuesday, May 18, the House passed an amended version of this bill. However, the Senate refused to concur with the House amendments and has requested a conference committee. The Senate has named conferees, but the House has not yet named conferees for this bill.
Of Special Note:
HB 2275 (Zwiener and others)
This bill, which passed the House but has not moved in the Senate, was added as an amendment to SB 3 (the weatherization and disaster preparation bill) last Sunday on the House floor. This HB 2275/amendment would create a Critical Infrastructure Preparedness Fund (it was called “Resiliency” rather than “Preparedness” Fund in HB 2275, but renamed for the SB 3 amendment). The Preparedness Fund would provide state financial assistance for preparedness projects in a number of areas (housing, for example), including weatherization of water and wastewater facilities. This legislation itself does not appropriate the money for these activities, but it does create the vehicle for such money if it is appropriated, which might come during the aforementioned Special Session.
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
H = Hearing
OC = Out of Committee
PoO = Point of Order
OCH = Out of Chamber
H/FM = Hearing/Formal Meeting
CONFER = Conference/Confer
TGO = Thru Governor’s Office
X = Failed to Pass
s = Scheduled For a Hearing
— = Not Required with Official Companion
Passed
Of great interest (major impacts and increased liklihood of passing)
Of Interest
| Bill | Author(s) | Link | R | H | OC | OCH | R | H/FM | OC | OCH | CONFER | TGO | Companion | Topic | Caption |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| HB 152 | Buckley | link | groundwater | 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 Riverin Bell, Burnet, Milam, Travis, and Williamson Counties] | |||||||||||
| HB 242 | Zweiner | link | pollution | 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. | |||||||||||
| HB 271 | Murr | link | navigable | Relating to the procedure by which a state agency may issue an opinion that a watercourse is navigable. | |||||||||||
| HB 291 | Murr | link | aggregate | 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 | |||||||||||
| HB 303 | Collier | link | lead | Relating to testing for lead contamination in public school drinking water. | |||||||||||
| HB 348 | Zweiner | link | HB 2990 | permits | Relating to a requirement to make certain environmental and water use permit applications available online. | ||||||||||
| HB 531 | Walle, Coleman, Morales Shaw, Hernandez | link | - | flood | Relating to notice requirements for a leased dwelling located in a floodplain. | ||||||||||
| HB 605 | Gervin-Hawkins | link | s | SB 2053 | plans | Relating to the adoption of a healthy and safe school water plan by public schools. | |||||||||
| HB 666 | Harris | link | SB 152 | GCDs | Relating to the regulation of groundwater conservation districts. | ||||||||||
| HB 668 | Harris | link | SB 152 | GCDs | Relating to the regulation of groundwater conservation districts. | ||||||||||
| HB 767 | Huberty, Zwiener | link | aggregate | Relating to best management practices for aggregate production operations. | |||||||||||
| HB 806 | Gates | link | metering | Relating to nonsubmetered billing for water or wastewater service. | |||||||||||
| HB 966 | Burns | link | GCDs | Relating to the award of attorney's fees and other costs in certain suits involving a groundwater conservation district. | |||||||||||
| HB 1044 | Anchia, Reynolds | link | climate | Relating to establishing the Texas Climate Change Mitigation and Adaptation Commission to study and address the impacts of climate change in this state | |||||||||||
| HB 1059 | Stephenson | link | flood | elating to a seller's disclosure of the location of certain real property in a floodplain | |||||||||||
| HB 1143 | Ramos | link | pollution | Relating to the publication of pathogen-related fresh water data by the Texas Commission on Environmental Quality. | |||||||||||
| HB 1154 | Jetton, Metcalf, Bell, Cecil | link | open | Relating to the requirement that certain political subdivisions cause certain information to be posted on an Internet website. | |||||||||||
| HB 1180 | Krause | link | financial | Relating to the creation of the Fiscal Risk Management Commission. | |||||||||||
| HB 1191 | Goodwin | link | SB 1294 | e-justice | Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. | ||||||||||
| HB 1289 | Reynolds | link | pollution | Relating to notice of certain accidental discharges or spills to local government officials by the Texas Commission on Environmental Quality. | |||||||||||
| HB 1391 | Middleton | link | taxes | 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 | link | enabler for HJR 75 | taxes | Relating to ad valorem taxation. | ||||||||||
| HB 1410 | Murphy | link | SB 1959 | districts | Relating to the provision of parks and recreational facilities by water districts. | ||||||||||
| HB 1435 | Lucio III | link | SB 2114 | Relating to a certificate of public convenience and necessity to provide water or sewer service in an area incorporated or annexed by a municipality. | |||||||||||
| HB 1615 | Cyrier | link | SB 700 | TPWD | Relating to the continuation and functions of the Texas Parks and Wildlife Department. | ||||||||||
| HB 1718 | Rodriguez | link | GCDs | 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, Lopez | link | SB 1441 | GCDs | Relating to withdrawals of water from the Edwards Aquifer to supply a military installation | ||||||||||
| HB 1820 | Zwiener | link | Relating to the regulation, monitoring, and enforcement of matters under the jurisdiction of the Texas Commission on Environmental Quality; authorizing the assessment or increase of civil and administrative penalties | ||||||||||||
| HB 1821 | Zweiner | link | climate | Relating to climate change planning and reporting. | |||||||||||
| HB 1866 | Lucio III | link | SB 669 | TWDB | Relating to certain reports created by the Texas Water Development Board. | ||||||||||
| HB 1874 | Larson | link | SB 673 | TWDB | Relating to the provision of technical assistance by the Texas Water Development Board to an interregional planning council. | ||||||||||
| HB 1885 | Harris, Gates | link | |||||||||||||
| HB 1904 | Harris | link | - | SB 531 | financial | Relating to the use of the water infrastructure fund | |||||||||
| HB 1905 | Harris | link | - | planning | Relating to relieving regional water planning groups of certain duties | ||||||||||
| HB 1949 | Crockett | link | SB 306, HB 1949, HB 3246, HB 4178 | climate | Relating to information on projected changes in weather, water availability, and climate variability in strategic plans of certain state agencies. | ||||||||||
| HB 1956 | Beckley, Ramos, González, Jessica, Hinojosa | link | SB 306, HB 1949, HB 3246, HB 4178 | climate | Relating to information on projected changes in weather, water availability, and climate variability in strategic plans of certain state agencies. | ||||||||||
| HB 2017 | Thierry | link | climate | Relating to information on projected changes in weather, water availability, and climate variability in strategic plans of certain state agencies. | |||||||||||
| HB 2019 | Hefner | link | SB 699 | aggregate | 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 | link | lead | Relating to lead in drinking water at schools and child care facilities | |||||||||||
| HB 2095 | Wilson | link | research | Relating to water research conducted by The University of Texas Bureau of Economic Geology | |||||||||||
| HB 2103 | Bowers | link | SB 859 | open | 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, Reynolds, Ramos | link | pollution | Relating to notice of contamination of a public water supply to certain water providers by the Texas Commission on Environmental Quality | |||||||||||
| HB 2166 | Raymond | link | drought | 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 | link | disaster | Relating to state emergency management during a state of disaster. | |||||||||||
| HB 2224 | Bell, Cecil | link | SB 784 | rates | Relating to rates established by municipalities for water and sewer services. | ||||||||||
| HB 2225 | King, Tracy O., Guillen | link | - | TPWD | Relating to the powers and duties of the Parks and Wildlife Department regarding the Texas Water Trust. | ||||||||||
| HB 2236 | Hernandez, Coleman, Johnson, Jarvis, Thierry | link | SB 1570 | land | Relating to the authority of a county to adopt a land bank program. | ||||||||||
| HB 2261 | Wu | link | Relating to the authority of a municipal management district to provide public education facilities and public education-related supplemental services. | ||||||||||||
| HB 2268 | Paul | link | Relating to disconnection notices for water and sewer service. | ||||||||||||
| HB 2275 | Zwiener | link | enbler for HJR 103 | Relating to critical infrastructure resiliency and financing | |||||||||||
| HB 2350 | Zwiener, Walle, Harris | link | SB 1746 | TWDB | 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 | link | Relating to the participation by local governments in water quality control measures | ||||||||||||
| HB 2370 | Morales Shaw | link | Relating to procedures for certain permit applications submitted to the Texas Commission on Environmental Quality | ||||||||||||
| HB 2381 | Larson | link | SB 853 | 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 | link | Relating to the regulation of aggregate production operations by the commissioners court in certain counties | ||||||||||||
| HB 2426 | Murr | link | Relating to water quality protection areas | ||||||||||||
| HB 2428 | Murr | link | Relating to the calculation of net to land in the appraisal of open-space land for ad valorem tax purposes. | ||||||||||||
| HB 2492 | Morales, Eddie | link | SB 2131 | Relating to a grant program for public improvement projects for unincorporated communities in certain counties. | |||||||||||
| HB 2564 | Crockett | link | Relating to mailed notice of the intent to obtain certain environmental permits | ||||||||||||
| HB 2573 | Kuempel | link | Relating to the applicability of certain municipal ordinances in the municipality's extraterritorial jurisdiction. | ||||||||||||
| HB 2619 | Wilson | link | SB 1118 | Relating to the creation and administration of the On-The-Ground Conservation Program by the State Soil and Water Conservation Board | |||||||||||
| HB 2643 | Campos | link | 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 | link | SB 1039 | Relating to establishing an advisory board to study surface water and groundwater interaction | |||||||||||
| HB 2659 | Rosenthal | link | Relating to reporting requirements for certain accidental discharges or spills | ||||||||||||
| HB 2692 | Landgraf | link | PoO | SB 1046 | Relating to the regulation of radioactive waste; reducing a surcharge; reducing a fee. | ||||||||||
| HB 2710 | Bowers | link | Relating to an exemption to the cancellation of a water right for nonuse. | ||||||||||||
| HB 2716 | King, Tracy O. | link | SB 1723 | 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 | link | Relating to certain requirements for water systems | ||||||||||||
| HB 2745 | Rosenthal | link | Relating to regulation by the Railroad Commission of Texas of the geologic storage of anthropogenic carbon dioxide. | ||||||||||||
| HB 2851 | Lucio III | link | Relating to the consideration of modeled sustainable groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. | ||||||||||||
| HB 2858 | Darby | link | HB 4420 | 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 | link | Relating to the storage and recovery of water in a portion of the Edwards Aquifer. | ||||||||||||
| HB 2877 | Beckley | link | Relating to notice to elected officials of a widespread power, water, or natural gas outage or emergency | ||||||||||||
| HB 2898 | Lopez | link | Relating to notice required after an intentional shutoff of electric and water service | ||||||||||||
| HB 2905 | Morrison | link | Relating to public-private partnerships to design, develop, finance, construct, and receive financial assistance for certain water-related projects. | ||||||||||||
| HB 2990 | Morales Shaw | link | HB 348 | Relating to a requirement to make certain environmental and water use permit applications available online. | |||||||||||
| HB 3084 | Larson | link | Relating to the identification of and funding for interregional water projects. | ||||||||||||
| HB 3096 | Burrows | link | SB 601 | Relating to the creation and activities of the Texas Produced Water Consortium. | |||||||||||
| HB 3116 | Metcalf | link | Relating to recommendations for the appointment of directors of the San Jacinto River Authority. | ||||||||||||
| HB 3246 | Reynolds | link | SB 306, HB 1949, HB 3246, HB 4178 | Relating to information on projected changes in weather, water availability, and climate variability in strategic plans of certain state agencies. | |||||||||||
| HB 3619 | Bowers | link | SB 946 | Relating to the criteria considered by groundwater conservation districts before granting or denying a permit | |||||||||||
| HB 3683 | Morales, Eddie | link | Relating to standards for water management in certain areas | ||||||||||||
| HB 3689 | Cortez | link | - | SB 1022 | Relating to the appeal of rates charged for water or sewer service by certain retail public utilities | ||||||||||
| HB 3792 | Shaheen, Anderson, Schaefer | link | SB 1606 | Relating to protecting the population of Texas, its environment, and its most vulnerable communities, promoting the resilience of the electric grid and certain municipalities | |||||||||||
| HB 3801 | Metcalf | link | SB 2157 | Relating to desired future conditions for groundwater that are declared unreasonable | |||||||||||
| HB 3802 | Lozano, Guillen | link | SB 1676 | Relating to certain rates and fees charged by water supply corporations | |||||||||||
| HB 3814 | Hunter, Morales, Eddie | link | SB 2097 | 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 | |||||||||||
| HB 3883 | Biedermann | link | X | Relating to development regulations for certain unincorporated areas located within the Hill Country Priority Groundwater Management Area; authorizing a fee; authorizing a civil penalty; creating a criminal offense. | |||||||||||
| HB 4036 | Walle | link | SB 1890 | Relating to the applicability of uniform grant and contract management standards to certain Texas Water Development Board programs | |||||||||||
| HB 4065 | Johnson, Jarvis, Thompson, Senfronia | link | SB 1679 | Relating to the creation of an urban land bank by certain municipalities | |||||||||||
| HB 4146 | King, Tracy O. | link | SB 1747 | Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain stream segments or assessment units | |||||||||||
| HB 4161 | Frank | link | SB 905 | Relating to guidance on the regulations applicable to the potable reuse of wastewater. | |||||||||||
| HB 4178 | Fierro | link | SB 306, HB 1949, HB 3246, HB 4178 | Relating to information on projected changes in weather, water availability, and climate variability in strategic plans of certain state agencies | |||||||||||
| HB 4359 | Parker, King, Phil, Shaheen, Raymond, Lucio III | link | SB 2116 | Relating to prohibiting contracts or other agreements with certain foreign-owned companies in connection with critical infrastructure in this state | |||||||||||
| HB 4618 | Zwiener | link | Relating to the Hays Trinity Groundwater Conservation District; authorizing a fee | ||||||||||||