Every month during the 88th Regular Session of the Texas Legislature Dr. Robert Mace and Dr. Todd Votteler provide an update on water-related legislation. The key water committees include the Senate Committee on Water, Agriculture, and Rural Affairs in the Senate, chaired by Senator Charles Perry (R) of Lubbock, and the House Committee on Natural Resources, chaired by Representative Tracy King (D) of Uvalde. The Senate Water, Agriculture, and Rural Affairs committee just held its first hearing that consisted of invited testimony from the following state agencies:
- Texas Water Development Board (TWDB);
- Texas Commission on Environmental Quality (TCEQ);
- Texas State Soil and Water Conservation Board;
- Public Utility Commission;
- Texas Department of Agriculture;
- Texas Animal Health Commission; and
- Texas Parks and Wildlife (TPWD).
Senate Water, Agriculture, and Rural Affairs has yet to begin the work of going through various bills; however, it has established Monday at 8 a.m. as its regular hearing date (although they can change meeting schedules on short notice). The House is focused on the state budget, so the Natural Resources committee has not schedule its first hearing yet.
So how many bills are there on the legislature’s plate? The deadline for filing new bills and joint resolutions other than local bills, emergency appropriations, and emergency matters submitted by the governor is March 10. However, don’t let the filing deadline fool you! There will still be ways to introduce some additional bills after March 10.
Below is a list of some of the water-related bills that have been filed to date. In March, we will update you on the progress regarding key water-related bills (if there is any progress). A few bills straight out of the chute to watch include:
HB 874 (Bowers)/SB 894 (Zaffirini)
Relating to an exemption to the cancellation of a water right for nonuse. These bills amends the Texas Water Code’s water right cancellation regulations in favor of protecting environmental flows by exempting forbearance agreements designed to benefit environmental flows. In forbearance agreements, a water right holder refrains from using a legal water right under various conditions, particularly during key time periods or conditions such as when water temperature is high, or flows are low.
Learn more about HB 874 from the Texas Legislature Online >>
Learn more about SB 894 from the Texas Legislature Online >>
HB 934 (Dutton)
Relating to the definition of “affected person” for purposes of a contested case hearing held by or for the TCEQ regarding certain environmental permit applications. This bill defines elected officials as affected parties for TCEQ permits.
HB 1845 (Metcalf)/SB 650 (Perry)
Relating to the licensing requirements for certain operators of wastewater systems and public water systems. Requires that TCEQ, by rule, establish a provisional certification program for a person who does not possess a high school diploma to act as a provisional Class D operator for a wastewater system provided that the person has completed all TCEQ-required training, passed TCEQ-required examinations for a Class D license, and acts under the direct supervision of a license holder.
Learn more about HB 1845 from the Texas Legislature Online >>
Learn more about SB 650 from the Texas Legislature Online >>
HB 2119 (Dorazio)
Relating to the award of attorney’s fees in certain suits involving a groundwater conservation district. Under this bill, groundwater conservation districts that lose litigation would be required to pay for the prevailing party’s attorney’s fees, costs for expert witnesses, and other costs incurred if the prevailing party asks the court for such fees.
HB 2515 (Rogers)
Relating to the repeal of the junior priority of a water right authorizing a transfer of water from one river basin in this state to another river basin in this state. Repeals provisions specifying that water rights transferred to water users in a river basin other than the basin of origin for that water are junior in priority to all other water rights in the basin of origin.
SB 296 (Perry), HB 2460 (King)
Relating to a requirement that the TCEQ obtain or develop updated water availability models for certain river basins. This bill requires TCEQ to develop updated water availability models for the Guadalupe, Lavaca, Nueces, San Antonio, San Jacinto, and Trinity River basins by December 1, 2026. Authorizes TCEQ to collect data from all jurisdictions that allocate the waters of listed rivers. Implementation language makes the Act contingent upon legislative appropriations for WAM studies.
Learn more about SB 296 from the Texas Legislature Online >>
Learn more about HB 2460 from the Texas Legislature Online >>
SB 988 (Perry), HB 2759 (Thompson, Ed)
Relating to the establishment of the TexMesonet Hydrometeorology Network and the creation of the TexMesonet Advisory Committee. Expands the duties of the TWDB Executive Administrator to include the monitoring of hydrometeorological conditions. Establishes TexMesonet Hydrometeorology Network as a statewide resource for hydrometeorological data for weather forecasting, flood preparedness, drought monitoring, wildfire management, water resource planning, water conservation, agricultural readiness, industrial readiness, and related matters.
Requires that network establish a series of stations across Texas to monitor hydrometeorological conditions; coordinate mesoscale, evapotranspiration, and soil moisture monitoring efforts; serve as a centralized repository for hydrometeorological data; and provide technical assistance relating to the collection of data. Requires that each state agency or political subdivision that collects hydrometeorological information cooperate with network in the development of coordinated, efficient, and effective statewide hydrometeorological data collection and dissemination.
Authorizes TWDB Executive Administrator to establish TexMesonet Advisory Committee to advise and make recommendations on data quality, data collection, product development, and data dissemination. The committee may include the office of the state climatologist, National Weather Service, existing hydrometeorological networks, and other appropriate entities.
Learn more about SB 988 from the Texas Legislature Online >>
Learn more about HB 2759 from the Texas Legislature Online >>
SB 837 (Perry)/HB 2483 (King)
Relating to financial assistance provided and programs administered by the TWDB.
SECTION 1. Establishes the Water for Texas Fund (Fund). Assigns fund administration to TWDB. Authorizes TWDB to disburse Fund monies to other funds or accounts administered by TWDB (may want to articulate specific funds here). Authorizes TWDB to establish separate accounts within the Fund for administration purposes. Authorizes TWDB to invest portions of the Fund. Authorizes TWDB to direct the CPA or any bank or trust company to invest funds within the Fund or Fund accounts. Authorizes TWDB to make disbursements from the Fund in amounts deemed necessary by the Board.
Requires that TWDB ensure that a portion of the Fund is disbursed for water infrastructure projects for rural political subdivisions and cities with a population of 150,000 or less, and to projects to develop new water supply sources. Requires that projects to develop new water supply sources be designed to develop new water supply sources not currently available in this state, including the acquisition of water rights from another state, development of infrastructure to transport water from another state, desalination, produced water treatment, and new technology research and development. Authorizes TWDB to use the Fund to provide zero-interest loans, negative-interest loans, loan forgiveness, or grants under criteria established by the Board.
Requires that the State Water Implementation Fund for Texas (SWIFT) Advisory Committee oversee TWDB’s operation of the Water for Texas Fund. Requires that the SWIFT Committee submit comments and recommendations to TWDB regarding the use of Fund money and policies and procedures. Requires that the Committee review operation, function, and structure of the fund at least semiannually.
Requires that TWDB adopt policies and procedures for the purpose of mitigating or minimizing the adverse effects of federal requirements (IRS) relating to income taxes, arbitrage, rebates, or related matters that may restrict TWDB’s ability to freely invest all or a part of the fund.
Requires that TWDB undertake to acquire 7 million acre-feet of water from new water supplies from other states, desalination, or produced water recycling by the end of year 2033.
SECTION 2. Removes the limitation on technical assistance contracts by TWDB under the Rural Water Assistance Fund (RWAF). This allows TWDB to use RWAF to contract for technical assistance to assist rural political subdivisions for any purpose eligible under the RWAF, not just obtaining funding.
SECTION 3. Requires that TWDB establish, by rule, a program to provide technical assistance to retail public utilities in conducting water loss audits and in applying for financial assistance to mitigate water loss. Requires that TWDB prioritize the provision of technical assistance based on water loss audit data, utility population, and system integrity.
Learn more about SB 837 from the Texas Legislature Online >>
Learn more about HB 2483 from the Texas Legislature Online >>
SJR 43 (Perry)/ HJR 116 (King)
Proposing a constitutional amendment creating the water for Texas fund to assist in financing water projects in this state. Amends Texas Constitution to establish the Water for Texas Fund to be administered by TWDB. Authorizes TWDB to establish separate accounts to administer the Fund. Provides that the Fund shall consist of money deposited by general law, other revenue that the Legislature designates by statute, investment and interest earnings, money from gifts, grants or donations, and redeposited funds.
Proposes that the ballot language for the amendment read: “The constitutional amendment creating the water for Texas fund to assist in financing water projects in this state.”
Learn more about SJR 43 from the Texas Legislature Online >>
Learn more about HJR 116 from the Texas Legislature Online >>