lege+water: June 2021 Update

lege+water: June 2021 Update

Every month during the 87th Regular Session of the Texas Legislature, Dr. Todd Votteler and Dr. Robert Mace have brought you an update on water-related legislation. And while not one, but two special sessions lie ahead on the horizon (redistricting, federal COVID-19 recovery funds, and voting), there is no guarantee that water legislation will be added to the list of subjects that Governor Abbott deems worthy of discussion and action (however, by adding more subjects to a special session, the governor can try to gain more support for his priorities from reluctant lawmakers).

As we noted during our last episode, legislators were engaged in the final mad scramble to get their bills through the ever-narrowing window that slammed shut on May 31, the last day of the regular session. Now that the dust has cleared and the survivors have made it to the governor’s desk where they met with an uncertain fate, we can finally share the results with you. First, we can all breathe a sigh of relief as San Marcos has finally been designated the official Mermaid Capital of Texas (SCR 9)…but remember, this happy time is only guaranteed for a 10-year period. Oh, and yes, the Legislature did pass the only bill it is actually required to pass each session, the state budget (SB 1).

Below is our list of some of the more significant bills that either are new law today or that will become new law on September 1 or even later (see HB 531). We include some details on the status of these bills and provide some details regarding their potential impact. For a more comprehensive analysis of the 87th Texas Legislature and water see Summaries of Water-related Legislative Action, a the biennial feature in the Texas Water Journal coming to you in August.

Image by Bee Creek Photography, copyright 2015.

HB 531 (Walle/Coleman/Morales/Shaw/Hernandez)

Relating to notice requirements for a leased dwelling located in a floodplain. This bill requires 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. This bill will be effective on January 1, 2022.

Learn more from the Texas Legislature Online >>

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 in-stream 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. This bill will be effective on September 1, 2021.

Learn more from the Texas Legislature Online >>

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 will be effective on September 1, 2021.

Learn more from the Texas Legislature Online >>

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. The Texas Produced Water Consortium will be located at Texas Tech University. This bill has already gone into effect.

Learn more from the Texas Legislature Online >>

Of Special Note:
HB 2275 (Zwiener and others)

This bill was added as an amendment to SB 3 (the weatherization and disaster preparation bill) to create a Critical Infrastructure Preparedness Fund (it was called “Resiliency” rather than “Preparedness” Fund in HB 2275 but was renamed for the SB 3 amendment). The Preparedness Fund would have provided state financial assistance for preparedness projects in a number of areas including weatherization of water and wastewater facilities. However this provision was dropped from the final version of SB 3 that was passed by the Legislature and signed by Governor Abbott.

Learn more from the Texas Legislature Online >>


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

A = allowed by Governor to become law without his signature

S = signed into law by the Governor

= Not Required with Official Companion

Passed

Of great interest (major impacts and increased liklihood of passing)

Of Interest

Walle, Coleman, Morales Shaw, Hernandez
   
Bill
   
Author(s)
   
Link
   
R
   
H
   
OC
   
OCH
   
R
   
H/FM
   
OC
   
OCH
   
CONFER
   
TGO
   
Companion
   
Topic
   
Caption   
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 531link - S flood Relating to notice requirements for a leased dwelling located in a floodplain.
HB 605 Gervin-Hawkins link 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 - S 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 - A 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 - S SB 531 financial Relating to the use of the water infrastructure fund
HB 1905 Harris link - S 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 video conference 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 - S 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 - S 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
HCR 13 Zwiener link SCR 9 Designating San Marcos as the official Mermaid Capital of Texas for a10-year period beginning in 2021
SB 152 Perry, Creighton link HB 666, HB 668 Relating to the regulation of groundwater conservation districts. [legal fees, petitioning for rule-making, etc]
SB 306 Eckhardt 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.
SB 307 Eckhardt link Relating to the transmission of water across two or more county lines for the purpose of providing wholesale water service.
SB 531 Kolkorst link HB 1904 Relating to the use of the water infrastructure fund.
SB 600 Perry, Zaffirini link - S Relating to an inventory of dams controlled by river authorities
SB 601 Perry, Creighton, Springer link S HB 3096 Relating to the creation and activities of the Texas Produced Water Consortium.
SB 656 Gutierrez link 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 link HB 872 Relating to the confidentiality of certain government operated utility customer information.
SB 669 Springer link - S HB 1866 Relating to certain reports created by the Texas Water Development Board.
SB 699 Hughes link 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 link HB 1874 Relating to the provision of technical assistance by the Texas Water Development Board to an interregional planning council.
SB 700 Buckingham, Hall, Lucio, Paxton link - S HB 1615 Relating to the continuation and functions of the Texas Parks and Wildlife Department.
SB 739 Birdwell link Relating to the presiding officers of the boards of directors   of river authorities.
SB 817 Gutierrez link Relating to the winterization and emergency preparedness for electric utilities, power generation companies, municipally owned utilities, and electric cooperatives.
SB 830 Zaffirini link HB 837 Relating to the procedure for amending or revoking certificates of public convenience and necessity issued to certain retail public utilities.
SB 853 Menéndez link HB 2381 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, Perry link HB 2103 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, Buckingham link Relating to the continuation and functions of the Texas State Board of Plumbing Examiners; requiring an occupational license; authorizing a fee.
SB 888 Eckhardt link Relating to the use of green stormwater infrastructure in new state buildings.
SB 905 Perry, Springer link - S HB 4161 Relating to guidance on the regulations applicable to the potable reuse of wastewater.
SB 946 Eckhardt link HB 3619 Relating to the criteria considered by groundwater conservation districts before granting or denying a permit.
SB 995 Powell, Blanco, Eckhardt, Hinojosa, Johnson, Miles, Zaffirini link 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 link - S HB 3079 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 link HB 3689 Relating to the appeal of rates charged for water or sewer service by certain retail public utilities
SB 1039 Eckhardt link HB 2652 Relating to establishing an advisory board to study surface water and groundwater interaction.
SB 1046 Birdwell, Seliger link Relating to the regulation of radioactive waste; reducing a surcharge; reducing a fee.
SB 1118 Johnson link - S HB 2619 Relating to the creation and administration of the On-The-Ground Conservation Program by the State Soil and Water Conservation Board
SB 1168 Campbell link - S 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 link HB 1905 Relating to relieving regional water planning groups of certain duties.
SB 1196 Whitmire link HB 636 Relating to the continuation and functions of the Texas State Board of Plumbing Examiners; authorizing a fee
SB 1294 Eckhardt link HB 1191 Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality.
SB 1314 Lucio link Relating to a person obtaining a surety bond before filing a suit against a groundwater conservation district.
SB 1382 Creighton link 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 link HB 3803 Relating to the adoption of a certain plumbing code by the Texas State Board of Plumbing Examiners.
SB 1441 Campbell link - S HB 1801 Relating to withdrawals of water from the Edwards Aquifer to supply a military installation.
SB 1569 Lucio link Relating to the functions of certain urban land bank programs.
SB 1570 Lucio link HB 2236 Relating to the authority of a county to adopt a land bank program.
SB 1606 Hall, Alvarado, Bettencourt, Blanco, Buckingham, Campbell, Creighton, Gutierrez, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Miles, Nelson, Paxton, Perry, Powell, Taylor, West, Whitmire, Zaffirini link HB 3792 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 link HB 3802 Relating to certain rates and fees charged by water supply corporations.
SB 1679 Alvarado link - A HB 4065 Relating to the creation of an urban land bank by certain municipalities.
SB 1682 Hancock link enabler for SJR 62 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 link Relating to the use of water withdrawn from the Edwards Aquifer by certain entities.
SB 1723 Eckhardt link HB 2716 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 link HB 2350 Relating to financial assistance provided to political subdivisions by the Texas Water Development Board for nature-based water quality enhancement projects.
SB 1747 Zaffirini link HB 4146 Relating to a restriction on permits authorizing direct discharges o waste or pollutants into water in certain stream segments or assessment units.
SB 1890 Creighton link - S HB 4036 Relating to the applicability of uniform grant and contract management standards to certain Texas Water Development Board programs.
SB 2078 Menéndez link Relating to electricity supplied to certain water facilities.
SB 2097 Zaffirini link HB 3814 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 2114 Lucio link HB 1435 Relating to a certificate of public convenience and necessity to provide water or sewer service in an area incorporated or annexed by a municipality.
SB 2116 Campbell et al. link - S HB 4359 Relating to prohibiting contracts or other agreements with certain foreign-owned companies in connection with critical infrastructure in this state
SB 2157 Creighton link HB 3801 Relating to desired future conditions for groundwater that are declared unreasonable
SCR 9 Zaffirini link - S HCR 13 Designating San Marcos as the official Mermaid Capital of Texas for a 10-year period beginning in 2021
SJR 62 Hancock link HJR 2 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.