Every month during the 88th Regular Session of the Texas Legislature, Dr. Todd Votteler provides 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. The Senate Water, Agriculture, and Rural Affairs Committee has established Monday at 8 a.m. as its regular hearing date. You can view the agendas for their meetings thus far here. The House Natural Resources Committee has set Tuesday at 8 a.m. as its regular hearing date. You can view the agendas for their meetings thus far here.
Please note that Senate and House committees can change meeting schedules on short notice. Additional information on the 88th Legislative Session is available through the Talk+Water podcast.
So how many bills are there on the legislature’s plate? March 10 was the deadline for filing new bills and joint resolutions other than local bills, emergency appropriations, and emergency matters submitted by the governor. By March 10, a record total of 8,153 bills and joint resolutions had been filed! This total easily exceeded the bills filed by this same deadline during the 87th Legislative Session, which totaled 6,919 bills. However, there are still ways to introduce some additional bills. You can find more information on the number of bills filed in recent sessions of the Texas Legislature here.
Below is a list of some of the water-related bills that have been filed to date. A few bills to watch include:
HB 874 (Bowers)/SB 894 (Zaffirini): “Relating to an exemption to the cancellation of a water right for nonuse.”
These bills amend the Texas Water Code’s water right cancellation regulations to protect 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 the water temperature is high, or flows are low.
HB 3059 (King): “Relating to fees charged by a groundwater conservation district; authorizing an increase in the rate of a fee.”
The bill establishes a fee rate for water exported from a groundwater conservation district, capped at 20 cents per thousand gallons, to increase by 3% annually beginning in 2024. The districts could use these fees to fund the mitigation of impacts to wells resulting from increased groundwater production and export.
HB 3165 (Holland), SB 2485 (Kolkhorst): “Relating to the establishment, administration, and use of the land and water conservation fund and allocations and transfers of money to that fund, the economic stabilization fund, and the state highway fund.”
These bills create a governing board to manage the Texas Land and Water Conservation Fund. The General Land Office would lead the board, which includes representatives from the Texas Commission on Environmental Quality, Texas Parks and Wildlife Department, Texas State Soil and Water Conservation Board, and Texas Water Development Board. It provides base eligibility guidelines for projects and splits funding for the conservation of agricultural lands, water resources, and wildlife habitat, as well as state and local parks, wildlife management areas, and other public access conservation projects.
Learn more about HB 3165 from the Texas Legislature Online →
Learn more about SB 2485 from the Texas Legislature Online →
HJR 138 (Holland): “Proposing a constitutional amendment providing for the creation of the land and water conservation fund, dedicating certain money in that fund to the conservation of, restoration of, or public access to land, water, or natural resources in this state, and providing for the transfer of certain general revenues to the economic stabilization fund, the land and water conservation fund, and the state highway fund.”
HB 3165 and SB 2485, Texas Land and Water Conservation Fund bill, dedicates certain money in that fund to the conservation of, restoration of, or public access to land, water, or natural resources in this state. It would transfer certain general revenues to the economic stabilization fund (commonly known as the “Rainy Day Fund”), the land and water conservation fund, and the state highway fund. The Texas Land and Water Conservation Fund can be dedicated as either a trust fund or an endowment.
Learn more about HJR 138 from the Texas Legislature Online →
HB 3990 (Kacal): “Relating to a study of existing surface water and groundwater interaction data.”
This bill requires the Texas Water Development Board and the Texas Commission on Environmental Quality to produce a report cataloging data on surface and groundwater interaction, identifying areas of the state where such data is lacking, and prioritizing future data collection.
Learn more about HB 3990 from the Texas Legislature Online →
HB 4532 (Kacal), SB 2397 (Zaffirini), SB 2540 (Blanco): “Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.”
This bill redefines “modeled sustained groundwater pumping” as “the maximum amount of groundwater that the executive administrator [Texas Water Development Board], using the best available science, determines may be produced annually in perpetuity from an aquifer.” It would promote the sustainable management of groundwater.
Learn more about HB 4532 from the Texas Legislature Online →
Learn more about SB 2397 from the Texas Legislature Online →
HB 4623 (Goldman): “Relating to the consideration of water markets in the regional water planning process.”
The bill defines a water market as “an exchange where water rights and all or a portion of the volumes associated with those rights are sold, purchased, optioned, or leased for the purpose of conveyance, transfer, supply, or forbearance or changing the legal purpose of use. The term does not include a market for wholesale or retail water transactions.” Each regional water plan would include an analysis of opportunities to create and establish local or regional water markets.
Learn more about HB 4623 from the Texas Legislature Online →
SB 28 (Perry), HB 10 (King): “Relating to financial assistance and programs administered by the Texas Water Development Board.”
This significant water infrastructure funding bill would create a new Water for Texas Fund administered by the Texas Water Development Board. The bill could fund the creation of as much as 7 million-acre feet of new water supplies by 2033. It would also fund improvements to aging drinking water infrastructure, such as identifying and repairing leaking water lines.
The Senate Water, Agriculture, and Rural Affairs passed SB 28, and it is now eligible to be considered by the full Senate. These bills are moving forward in place of similar bills SB 837 (Perry)/HB 2483 (King), which were discussed in February, because both the Speaker and Lt. Governor have named water funding as priority legislation. The Senate version of the legislation is currently $1 billion (the budget bill is SB 1), while the House version (the budget bill is HB 1) is for $3 billion.
SJR 75 (Perry), HJR 130 (King): “Proposing a constitutional amendment creating the Texas water fund to assist in financing water projects in this state.”
The bill authorizes the Texas Water Development Board to establish separate accounts to administer the fund. It 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. It also 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.”
The Senate Water, Agriculture, and Rural Affairs passed SJR 75, and it is now eligible to be considered by the full Senate. These joint resolutions are moving forward instead of similar joint resolutions, SJR 43 (Perry)/ HJR 116 (King), which were discussed in February. The bill amends Texas Constitution to establish the Water for Texas Fund to be administered by the Texas Water Development Board. Currently, there is not a funding amount associated with the constitutional amendment, however this is likely to change.
Learn more about SJR 75 from the Texas Legislature Online →
Learn more about HJR 130 from the Texas Legislature Online →
SB 1047 (Perry), HB 2757 (Tepper): “Relating to funding and activities of the Texas Produced Water Consortium.”
The bill authorizes the Texas Produced Water Consortium to develop a pilot project to demonstrate produced water recycling feasibility.
Learn more about SB 1047 from the Texas Legislature Online →
Learn more about HB 2757 from the Texas Legislature Online →
SB 1351 (Perry), HB 1565 (Canales): “Relating to the functions of the Texas Water Development Board and continuation and functions of the State Water Implementation Fund for Texas Advisory Committee.”
The bill includes recommendations from the Sunset Advisory Commission on the Texas Water Development Board. Overall, the Sunset Commission found the Texas Water Development Board performs admirably in administering its complex programs and recommends continuation.
Learn more about SB 1351 from the Texas Legislature Online →
Learn more about HB 1565 from the Texas Legislature Online →
SB 1397 (Schwertner), HB 1505 (Lopez): “Relating to the continuation and functions of the Texas Commission on Environmental Quality.”
The bill includes recommendations from the Sunset Advisory Commission on the Texas Commission on Environmental Quality. Overall, the Sunset Commission found the Texas Commission on Environmental Quality performs admirably in administering its complex programs and recommends continuation.
Learn more about SB 1397 from the Texas Legislature Online →
Learn more about HB 1505 from the Texas Legislature Online →
SB 2541 (Blanco): “Relating to the establishment and administration of the Water Technical Assistance Consortium by the Texas Water Development Board.”
The bill creates the Water Technical Assistance Consortium to assess and make recommendations on the state’s technical assistance provider capacity.
Learn more about SB 2541 from the Texas Legislature Online →
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Dr. Todd Votteler:
Hi Todd, long time no see, I think at GBRA some years ago. You may not remember, but I was on the Water Resources staff at SAWS and you were a graduate student the first time. Since then I have retired from SAWS and then later from TAMU- TWRI as a Water Specialist for West Texas. I retired finally to Kerrville, but had stayed involved with water on the Guadalupe Basin & Bays Environmental Flows Committee for 9 years. I am reading now your good info on potential bills for ’23.
My main question is the terrible timing of the two State committees most concerned with water issues – at 8 am in the mornings. This is likely a well thought out “accident” as it keeps many Texans from being able to appear at the committee meetings to testify or just to observe. Few of us outside of Austin could meet those way too early meeting times. Something like 10 am. or 1:00 pm would be much more reasonable if they truly do want citizen participation? I used to drive up to Austin for such meetings while at SAWS and now it is much worse to fight the awful Austin and/or I-35 traffic in the mornings. Many either cannot afford to stay the night before or are otherwise unable to do so.
Please lodge a complaint with both committees on their citizen unfriendly times. Can you please send me the names and email of each committee chair?
Thanks very much and keep up the great work guy!
Mike
Mike Mecke
Natural Resources Mgr. & Water Resources Specialist-Retired
Kerrville
830-285-8002
mmecke@stx.rr.com
Hi Mike,
It has been a long time! I hope you are well.
The committees definitely get an early start. The 8 am starts began during, or maybe before, the 2007 session under different chairs than these committees have today. I remember it was a struggle to get down to the Capitol before the hearing started during those years particularly since we babies and toddlers at the time! I think the current start times are more likely a hold over tradition instead of a deliberate attempt to make it difficult for people to attend. However, because they start at 8 they can often get some of the committee’s business done before the Senate or House goes into session and then after the Senate or House adjourns they can finish the hearing a little earlier in the afternoon or evening than they would be able to do otherwise. Fortunately, these hearings are all live-streamed now if you don’t have to attend in person to testify.
I’m glad to know you are reading Texas+Water and it was great to hear from you!
Todd