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. You can find information on the number of bills filed this session here. Additional information on the 88th Legislative Session is available through the Talk+Water podcast.
We have now entered the period of the 88th Legislature where the gnashing of teeth begins. This is the time when each upcoming deadline looms as a harbinger of death for most of the 8,000+ bills. As a reminder, a little over one-third of the bills filed last session (87th) were passed. Since the March installment of Lege+Water, the 88th Session has clearly become the most significant legislative session for Texas water since 2013.
Below is a list of some of the key House and Senate water bills that have been passed by at least one chamber. These include:
HB 2759 (Thompson, Ed), SB 988 (Perry): “Relating to the establishment of the TexMesonet Hydrometeorology Network and the creation of the TexMesonet Advisory Committee. Expands the duties of TWDB Executive Administrator to include the monitoring of hydrometeorological conditions.”
The bill 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. The bill would require that each state agency or political subdivision that collects hydrometeorological information cooperate with the network in the development of coordinated, efficient, and effective statewide hydrometeorological data collection and dissemination.
HB 2759 has been passed by the House and has been referred to the Senate Water, Agriculture, and Rural Affairs Committee.
Learn more about HB 2759 from the Texas Legislature Online →
HB 1565 (Canales), SB 1351 (Perry): “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 for 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.
HB 1565 has been passed by the House and has been referred to the Senate Water, Agriculture, and Rural Affairs Committee.
Learn more about HB 1565 from the Texas Legislature Online →
Learn more about SB 1351 from the Texas Legislature Online →
HB 3059 (King): “Relating to fees charged by a groundwater conservation district; authorizing an increase in the rate of a fee.”
This 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 3059 has been passed by the House and has been referred to the Senate Water, Agriculture, and Rural Affairs Committee.
Learn more about HB 3059 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 the 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 version of the legislation provides $1 billion for the Water for Texas Fund (the budget bill is SB 1), while the House version (the budget bill is HB 1) provides $3 billion.
The Senate passed SB 28, and it was referred to the House Natural Resources Committee where testimony was taken on the bill and then it was then left pending.
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 amends Texas Constitution to establish the Water for Texas Fund to be administered by the Texas Water Development Board. 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.” Currently, there is no funding amount associated with the constitutional amendment, however, this is likely to change.
The Senate passed SJR 75, and it was referred to the House Natural Resources Committee, where testimony was taken on the bill and then it was then left pending.
Learn more about SJR 75 from the Texas Legislature Online →
Learn more about HJR 130 from the Texas Legislature Online →
SB 156 (Perry): “Relating to the regulation of groundwater conservation districts.”
The Senate passed SB 156, and it was referred to the House Natural Resources Committee.
SB 1047 (Perry), HB 2757 (Tepper): “Relating to funding and activities of the Texas Produced Water Consortium.”
This bill authorizes the Texas Produced Water Consortium to develop a pilot project to demonstrate produced water recycling feasibility.
The Senate passed SB 1047, and it was referred to the House Natural Resources Committee where it was approved and sent to the House Committee on Calendars to be scheduled for action by the full House of Representatives.
Learn more about SB 1047 from the Texas Legislature Online →
Learn more about HB 2757 from the Texas Legislature Online →
SB 1080 (Kolkhorst), HB 3314 (Gerdes): “Relating to a mitigation program and fees for the Lost Pines Groundwater Conservation District.”
This bill allows the Lost Pines Groundwater Conservation District (District) to establish a mitigation program to address excessive drawdown of an aquifer or subdivision of an aquifer in the district if the drawdown results in the aquifer’s potentiometric surface falling below a desired future condition or in a dry well. The program may mitigate the drawdown either by reducing groundwater withdrawals from the aquifer or by reimbursing the well owner for the cost of repairing or replacing the well. The District may fund the mitigation program through production fees, export fees, or any other revenue.
The Senate passed SB 1080, and it was referred to the House Natural Resources Committee, where testimony was taken on the bill and then it was then left pending.
Learn more about SB 1080 from the Texas Legislature Online →
Learn more about HB 3314 from the Texas Legislature Online →
SB 1289 (Perry): “Relating to the disposal of reclaimed wastewater.”
Currently, the Texas Commission on Environmental Quality’s (TCEQ) rules require an owner of a reclaimed water treatment facility that treats for reuse of domestic wastewater to have a wastewater discharge permit as an alternative means of disposal. This bill changes TCEQ rules to eliminate the requirement that the owner of the reclaimed water treatment facility also have a wastewater discharge permit as an alternative means of disposal if the owner’s alternative means of disposal is to an existing collection system.
The Senate passed SB 1289, and it was referred to the House Committee on Environmental Regulation.
Learn more about SB 1289 from the Texas Legislature Online →
SB 1397 (Schwertner), HB 1505 (Lopez): “Relating to the continuation and functions of the Texas Commission on Environmental Quality.”
This bill includes recommendations from the Sunset Advisory Commission on the Texas Commission on Environmental Quality (TCEQ). Overall, the Sunset Commission found that TCEQ performs admirably in administering its complex programs and recommends continuation.
The Senate passed SB 1397, and it was referred to the House Committee on Environmental Regulation.
Learn more about SB 1397 from the Texas Legislature Online →
Learn more about HB 1505 from the Texas Legislature Online →
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