Every month during the 89th Regular Session of the Texas Legislature, Dr. Todd Votteler provides an update on water-related legislation. The key water committees include the Senate Water, Agriculture, and Rural Affairs Committee and the House Natural Resources Committee. In 2024, both the Senate and House committees held interim hearings and prepared reports for the upcoming session. The Senate Water, Agriculture, and Rural Affairs Committee, chaired by Senator Charles Perry (R) of Lubbock, held its first meeting on February 10. The hearing focused on invited testimony from state agencies. A recording of the hearing is now available. At the beginning of the hearing, Chairman Perry commented, “We are on the edge of the most transformative water session that the legislature has had in a long, long time.” As of February 10, the House Natural Resources Committee had not appointed a chair, so it has not yet held a hearing.
How many water-related bills are there on the legislature’s plate?
The deadline for filing new bills and joint resolutions—excluding local bills, emergency appropriations, and emergency matters submitted by the governor—is March 14. However, don’t let the filing deadline fool you; there will still be ways to introduce additional bills after March 14.
Bills to Watch
Below is a list of some of the many water-related bills that have already been filed. In March, we’ll provide an update on the progress (if any) of key water-related bills.
| Bill | Sponsor | Companion | Description | Interpretation |
|---|---|---|---|---|
| HJR 88 | Zwiener | No | Proposing a constitutional amendment to authorize the commissioners court of a county to exempt from ad valorem taxation by each political subdivision that taxes the property the portion of the assessed value of a person's property that is attributable to the installation in or on the property of a rainwater harvesting or graywater system. | Authorizes the legislature to authorize county commissioner’s courts to exempt rainwater harvesting and graywater systems from property taxes. |
| HJR 97 | Raymond | No | Proposing a constitutional amendment to authorize the legislature to provide for an exemption from ad valorem taxation of the amount of the market value of real property that arises from the use of xeriscape on the property. | Authorizes the legislature to exempt xeriscaped property from property taxes. |
| HJR 126 | Howard | No | Proposing a constitutional amendment dedicating certain general revenue that would otherwise be transferred to the economic stabilization fund to the Texas Water Fund. | |
| HJR 129 | Hopper | No | Proposing a constitutional amendment requiring the board members of the Texas Water Development Board to be elected by the qualified voters at a general election instead of appointed by the governor. | |
| HB 156 | Raymond | No | Relating to a study by the Texas Commission on Environmental Quality regarding the protection of certain water facilities from catastrophes. | |
| HB 157 | Raymond | No | Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. | |
| HB 310 | Guillen | No | Relating to the use of money transferred from the Texas Water Fund. | Requires the Texas Water Development Board to allocate a portion of Texas Water Fund monies to cities with a population of 20,000 or less, and to those with a population of between 20,000 and 150,000. |
| HB 363 | Bell | SB 102 by Hall, Identical | Relating to the notice and petition for the creation of a municipal utility district in certain counties. | |
| HB 365 | González, Mary | No | Relating to the authority of the Texas Water Development Board to provide financial assistance from the economically distressed areas account that is not required to be repaid. | Increases the subsidy amount that the Texas Water Development Board may provide to a political subdivision through the economically distressed areas account to 90% from 70% of the total principal amount of the bond issued for this purpose. |
| HB 391 | Bell | No | Relating to board of directors meeting locations of certain rural area water districts. | |
| HB 422 | González, Mary | No | Relating to limitations on the issuance of bonds by the Texas Water Development Board for the development of certain projects in economically distressed areas. | Increases the amount of bonds that the Texas Water Development Board may issue during a fiscal year for the Economically Disadvantaged Areas Program (EDAP) to $100 million from $25 million. Strikes limitation on the Board’s authority to issue $50 million in EDAP bonds per fiscal year. |
| HB 516 | Swanson | No | Relating to notice of a water service interruption provided by public water systems in unincorporated areas of certain counties. | Requires a public water supply system in an unincorporated area that contains a city that has adopted fire hydrant standards to notify applicable fire departments of water service interruptions. |
| HB 638 | Tepper | No | Relating to a requirement that certain water districts make audio and video recordings of open meetings available on the internet. | |
| HB 685 | Bell | No | Relating to rates established by municipalities for water or sewer service for certain entities. | |
| HB 736 | Flores | No | Relating to certain procedures for civil suits brought by local governments or certain other persons for violations of certain laws under the jurisdiction of, or rules adopted or orders or permits issued by, the Texas Commission on Environmental Quality. | |
| HB 785 | Gervin-Hawkins | No | Relating to the adoption of a healthy and safe school water plan by public schools. | |
| HB 1050 | Dorazio | No | Relating to the award of attorney's fees in certain suits involving a groundwater conservation district. | |
| HB 1050 | Dorazio | No | Relating to the award of attorney's fees in certain suits involving a groundwater conservation district. | |
| HB 1089 | Paul | SB 795 by Alvarado, Identical | Relating to creation of the Gulf Coast Protection Account to be administered by the General Land Office. | Creates the Gulf Coast Protection Account to be administered by General Land Office. The fund shall consist of money from gifts, grants, including federal grants, and donations to the General Land Office. Authorizes use of fund to pay for eligible expenditures for credit towards the non-federal match of the Coastal Texas Protection and Restoration Feasibility Study by the Army Corps of Engineers, compliance with the terms of a local cooperation agreement between the General Land Office and the Gulf Coast Protection District, and projects for the protection of the Gulf Coast located within the district’s territory. |
| HB 1168 | Raymond | No | Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. | Requires that the Texas Division of Emergency Management study the potential effects of droughts and wildfires over the next 50 years. Study must assess projected ecological effects of droughts and wildfires; projected effects of droughts on urban area temperatures; projected economic effects of droughts and wildfires; state wildfire and drought vulnerabilities; ability of local resources to respond to droughts and wildfires; and potential mitigation strategies for reducing the risk of damage caused by drought and wildfires. Requires that the Texas Division of Emergency Management gather information from Department of Public Safety, Texas Department of Agriculture, Texas Parks and Wildlife, and the Texas Commission on Environmental Quality in compiling study. Requires report publication by March 1, 2026. |
| HB 1177 | Cunningham | No | Relating to the creation of the criminal offense of diverting or impounding the flow of surface water in a manner that damages the property of another by the overflow of the water diverted or impounded. | Establishes a criminal offense for the diversion or impoundment of surface water that results in damaging the property of another person. Class C for first offense, Class B for second offense. |
| HB 1245 | Goodwin | No | Relating to a prohibition on the use of water on nonresidential property to irrigate nonfunctional turf during a drought. | Requires that drought contingency plans submitted by wholesale and retail water suppliers and irrigation districts include the prohibition on watering nonfunctional turf, as defined by the Texas Commission on Environmental Quality rule, during periods of water shortages and drought. |
| HB 1256 | Zwiener | No | Relating to the authority of a county commissioners court to adopt an exemption from ad valorem taxation by each taxing unit that taxes the property of the portion of the appraised value of a person's property that is attributable to the installation in or on the property of certain water conservation systems. | Authorizes commissioner’s courts to adopt a property tax exemption for a rainwater harvesting or graywater system installed on a person's property. The exemption would apply to all taxing units. |
| HB 1318 | Guillen | SB 947 by Flores, Identical | 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 1344 | Troxclair | No | Relating to prioritization of requests for financial assistance from certain funds administered by the Texas Water Development Board. | Requires that the Texas Water Development Board prioritize financial assistance requests for SRFs from cities within 50 miles of a high growth area. |
| HB 1353 | Guillen | SB 1170 by Hinojosa, Adam, Identical | Relating to international cooperation agreements between certain state agencies and the United Mexican States and funding for infrastructure investment in this state; providing authority for certain agencies to issue bonds. | Expands the list of agencies eligible to issue bonds for the purposes of an agreement with Mexico to include the Public Utility Commission of Texas and the Texas Commission on Environmental Quality. Requires the Legislative Budget Board and the Office of the Governor approval of use of state funds for projects inside or outside of Texas. Authorizes eligible agencies (the Texas Department Of Agriculture, the Texas Division of Emergency Management (ext), the Texas Department of Housing and Community Affairs, the Texas Public Finance Authority, Turnpike Authority, the Texas Water Development Board, the Texas Commission on Environmental Quality, and Public Utility Commission of Texas) to create a funding mechanism to jointly invest in and leverage infrastructure funding for infrastructure in Texas with the North American Development Bank. |
| HB 1370 | Raymond | No | Relating to an exemption from ad valorem taxation of the amount of the appraised value of real property that arises from the use of xeriscape on the property. | Authorizes a property tax exemption for xeriscaped property. |
| HB 1400 | Harris | SB 718 by Kolkhorst, Identical | Relating to creation of the groundwater science, research, and innovation fund to be administered by the Texas Water Development Board. | Creates the groundwater science, research, and innovation fund to be administered by the Texas Water Development Board. Provides that the fund consists of appropriations, the Texas Water Development Board transfers, interest, gifts, grants, donations, or other dedicated fees or revenues by the legislature. Requires that the fund provide grants for groundwater conservation district programs and projects, including local research, data, modeling, and innovative programs and projects. These programs and projects should improve understanding of local groundwater conditions, develop or improve models for planning, improve groundwater use efficiency and increase conservation, increase groundwater recharge, or protect groundwater quality. Requires that the Texas Water Development Board ensure that 35% of fund funds are applied to programs or projects by groundwater conservation districts with populations of 100,000 or less and with annual revenues of less than $250,000. Authorizes the Texas Water Development Board to require that groundwater conservation districts provide matching funds or in-kind services equal to 25% of grant. |
| HB 1407 | Guillen | No | Relating to public utility agencies; providing authority to issue bonds; providing authority to impose assessments. | |
| HB 1412 | Allen | No | Relating to the location of certain public meetings for certain permits issued by the Texas Commission on Environmental Quality. | |
| HB 1424 | Goodwin | No | Relating to the structuring of water rates by retail public utilities to promote water conservation; authorizing a fee. | Authorizes cities and retail utilities to adopt tiered rate structures that promote water conservation where the highest volume users pay higher rates. Authorizes cities and utilities to adopt excessive use fees for users that consume more water than a proportion of other users. |
| HB 1432 | Goodwin | No | Relating to restrictive covenants regulating certain landscaping and water conservation practices. | |
| HB 1438 | Zwiener | No | Relating to climate change planning and reporting. | |
| HB 1453 | Tepper | No | Relating to the issuance of anticipation notes and certificates of obligation by certain local governments. | |
| HB 1498 | Walle | No | Relating to the monitoring of emissions from certain concrete plants. | |
| HB 1501 | Tinderholt | No | Relating to a study of the feasibility of using seawater desalination processes in Texas. | Requires that the Meadows Center at Texas State University study ways Texas can incentivize the creation of seawater desalination plants. |
| HB 1523 | Gerdes | No | Relating to a prohibition on the authorization by the Texas Commission on Environmental Quality of the use of a Class V injection well for certain aquifer storage and recovery projects. | |
| HB 1532 | Cunningham | No | Relating to the creation of the Lake Houston Dredging and Maintenance District; providing the authority to issue bonds. | |
| HB 1618 | Harris, Davila | SB 616 by Schwertner, Identical | Relating to aquifer storage and recovery projects that transect a portion of the Edwards Aquifer. | Authorizes the Texas Commission on Environmental Quality to approve an aquifer storage and recovery project and injection well that transects the Edwards Aquifer in Williamson County east of I-35 for the injection of water into a geologic formation beneath the Edwards. |
| HB 1633 | Gerdes | SB 624 by Kolkhorst, Identical | Relating to the criteria considered by groundwater conservation districts before granting or denying a permit or permit amendment. | |
| HB 1674 | Kerwin | SB 886 by Sparks, Identical | Relating to the production, sale, and use of certain agricultural products containing perfluoroalkyl and polyfluoroalkyl substances (PFAS); creating a criminal offense. | |
| HB 1689 | Gerdes | No | Relating to the use of certain groundwater export fees collected by a groundwater conservation district. | |
| HB 1690 | Gerdes | No | Relating to an application for a permit for the transfer of groundwater out of a groundwater conservation district. | |
| HB 1768 | Walle | No | Relating to the construction, expansion, or modification of certain concrete plants under a standard permit. | |
| HB 1991 | Guillen | No | Relating to information regarding certain charges for services provided by municipally owned utility systems. | |
| HB 2015 | Zwiener | No | Relating to the consideration of water conservation by the Texas Commission on Environmental Quality when determining whether to grant or deny a petition for the creation of a municipal utility district. | Aims to apply water conservation standards to new Municipal Utility Districts. Requires that petitions for Municipal Utility District creations include a water conservation plan. Requires that the Texas Commission on Environmental Quality, when considering an application for a Municipal Utility District creation, consider whether the district and subsequent development will have an unreasonable effect on water conservation. |
| HB 2034 | Gerdes | No | Relating to the issuance of groundwater permits to certain aliens or foreign entities. | |
| HB 2077 | Gerdes | No | Relating to persons eligible to appeal the desired future conditions adopted by a groundwater conservation district. | Updates statute to clarify which persons may appeal a groundwater conservation district's Desired Future Condition. Current law refers to a non-existent statute. |
| HB 2078 | Gerdes | No | Relating to the joint planning of desired future conditions in groundwater management areas. | Requires that each groundwater conservation district’s management plan include a plain language explanation of how the district is monitoring and tracking achievement of the Desired Future Condition, and how the district performed in achieving the Desired Future Condition over the previous five-year period. Expands the scope of review for districts participating in a groundwater management area to include how each groundwater conservation district is achieving the desired future condition through the implementation and enforcement of its management plan and rules. Expands the reporting criteria for each groundwater management areas’ Desired Future Condition report to include a plain language discussion as to why the current Desired Future Condition differs from the one previously adopted and include a summary of how each groundwater conservation district is achieving the Desired Future Condition through the implementation and enforcement of its rules and management plans. Requires that GCDs adopt Desired Future Conditions for the 50-year planning period identified by the Texas Water Development Board for the preparation of state and regional water plans and for each five-year period within that 50-year period to aid districts in monitoring progress in achieving those Desired Future Conditions. |
| HB 2080 | Gerdes | No | Relating to the review of the duties of a groundwater conservation district by the Texas Commission on Environmental Quality. | Establishes processes and records disclosures for a review panel of a groundwater conservation district's actions. |
| HB 2091 | Martinez | No | Relating to the provision of financial assistance by the Texas Water Development Board for certain projects. | Authorizes the Texas Water Development Board to provide grants from the water supply account from the Water Development Fund for the construction, acquisition, or improvement of water supply projects, including those that have a flood control component. Provides that a drainage district that does not have historic water use data, provide retail water service, or have a CCN, is not disqualified from receiving a grant. |
| HB 2109 | VanDeaver, Hefner | No | Relating to the removal of a proposed reservoir project from the State Water Plan. | |
| HB 2114 | VanDeaver, Hefner | No | Relating to the engineering feasibility and construction of a reservoir. | |
| HB 2265 | Isaac | No | Relating to county land use regulatory authority in certain counties; providing a criminal penalty. | |
| HB 2268 | Isaac | No | Relating to the authority of the Texas Commission on Environmental Quality to create certain special districts. | |
| HB 2302 | Gerdes | SB 971 by Sparks, Identical | Relating to the definition of a rural political subdivision for purposes of the Texas Water Assistance Program. | |
| HB 2326 | Hopper | No | Relating to requiring the board members of the Texas Water Development Board to be elected by the qualified voters at a general election instead of appointed by the governor. | |
| HB 2346 | Zwiener | No | Relating to the adoption of a water conservation program by a county. | |
| HB 2347 | Zwiener | No | Relating to the adoption of a water conservation program by certain counties. | |
| HB 2500 | Spiller | SB 740 by Perry, Identical | Relating to certain proceedings by the Public Utility Commission of Texas regarding water or sewer service. | |
| HB 2505 | Dorazio | No | Relating to the notification provided by a municipality to a retail public utility of the municipality's intent to provide water or sewer service in an incorporated or annexed area. | |
| HB 2512 | Geren | No | Relating to release of an area from a municipality's extraterritorial jurisdiction by petition or election. | |
| HB 2559 | Patterson | No | Relating to the imposition by a municipality of a moratorium on property development in certain circumstances. | |
| HB 2584 | Landgraf | SB 1145 by Birdwell, Identical | Relating to the authority of the Texas Commission on Environmental Quality to issue permits for the land application of water produced from certain mining and oil and gas extraction operations. | |
| SB 191 | Menéndez | No | Relating to the adoption of a healthy and safe school water plan by public schools. | Requires that each Independent School District adopt a healthy and safe school water plan in accordance with the Texas Commission on Environmental Quality rules. Requires that an Independent School District restrict access to a water source within 48 hours of discovery of elevated lead levels. Requires that the district determine and mitigate the source of lead contamination before access is resumed. Requires that the Texas Education Agency, the Texas Commission on Environmental Quality, Texas Department of State Health Services, regional education service centers, and stakeholder develop a model healthy safe school water plan that may be used by Independent School Districts for compliance purposes. Authorizes the Texas Education Agency to develop a program for reimbursing Independent School Districts for lead testing. |
| SB 325 | Perry | HB 2384 by Guillen, Identical | Relating to county regulation of subdivisions and approval of subdivision plans or plats. | |
| SB 409 | Middleton | HB 2207 by Bumgarner, Very Similar | Relating to the authority of a political subdivision to propose for voter approval the issuance of general obligation bonds for a purpose rejected by voters at a bond election held during the preceding five years. | |
| SB 448 | Hinojosa | No | Relating to certain cost sharing requirements for a desalination facility operating under a public-private partnership. | Requires that a P3 comprehensive agreement or service contract for the operation of a desalination facility, including a brackish groundwater facility, include the provision that the private entity pay at least 50% of the energy costs for operating the facility. |
| SB 470 | Sparks | No | Relating to the issuance of certificates of obligation by local governments. | |
| SB 480 | Perry | No | Relating to the authority of a local government to enter into an interlocal contract with certain governmental entities to participate in water research or planning activities. | Authorizes a local government to contract with another local government, state, or federal government to jointly participate in research or planning relating to water resources. |
| SB 553 | Flores | No | Relating to the design-build method for certain government construction projects. | |
| SB 565 | Perry | HB 2568 by Harris Davila, Identical | Relating to a compliance agreement for the suspension of an enforcement action against a regional water supply, sewer, wastewater treatment, or solid waste disposal service for certain violations. | |
| SB 612 | Hinojosa | No | Relating to fees for pipeline construction imposed by certain districts. | |
| SB 616 | Schwertner | HB 1618 by Harris Davila, Identical | Relating to aquifer storage and recovery projects that transect a portion of the Edwards Aquifer. | Authorizes the Texas Commission on Environmental Quality to approve an aquifer storage and recovery project and injection well that transects the Edwards Aquifer in Williamson County east of I-35 for the injection of water into a geologic formation beneath the Edwards. |
| SB 624 | Kolkhorst | HB 1633 by Gerdes, Identical | Relating to the criteria considered by groundwater conservation districts before granting or denying a permit or permit amendment. | |
| SB 718 | Kolkhorst, Johnson | HB 1400 by Harris, Identical | Relating to creation of the groundwater science, research, and innovation fund to be administered by the Texas Water Development Board. | Creates the groundwater science, research, and innovation fund to be administered by the Texas Water Development Board. Provides that the fund consists of appropriations, the Texas Water Development Board transfers, interest, gifts, grants, donations, or other dedicated fees or revenues by the legislature. Requires that the fund provide grants for groundwater conservation district programs and projects, including local research, data, modeling, and innovative programs and projects. These programs and projects should improve understanding of local groundwater conditions, develop or improve models for planning, improve groundwater use efficiency and increase conservation, increase groundwater recharge, or protect groundwater quality. Requires that the Texas Water Development Board ensure that 35% of fund funds are applied to programs or projects by groundwater conservation districts with populations of 100,000 or less and with annual revenues of less than $250,000. Authorizes the Texas Water Development Board to require that groundwater conservation districts provide matching funds or in-kind services equal to 25% of grant. |
| SB 740 | Perry | HB 2500 by Spiller, Identical | Relating to certain proceedings by the Public Utility Commission of Texas regarding water or sewer service. | |
| SB 749 | Kolkhorst | No | Relating to the adoption of an ad valorem tax rate by certain special districts and voter approval of a proposed ad valorem tax rate that exceeds the voter-approval tax rate. | |
| SB 763 | Alvarado | No | Relating to the renewal and review of standard permits for certain concrete plants. | |
| SB 768 | Menéndez | HB 1730 by Morales Shaw, Identical | Relating to a study regarding the effects of perfluoroalkyl and polyfluoroalkyl chemicals on public health. | |
| SB 795 | Alvarado | No | Relating to creation of the Gulf Coast Protection Account to be administered by the General Land Office. | Creates the Gulf Coast Protection Account to be administered by the General Land Office. The fund shall consist of money from gifts, grants, including federal grants, and donations to the General Land Office Authorizes use of fund to pay for eligible expenditures for credit towards the non-federal match of the Coastal Texas Protection and Restoration Feasibility Study by the Army Corps of Engineers, compliance with the terms of a local cooperation agreement between the General Land Office and the Gulf Coast Protection District, and projects for the protection of the Gulf Coast located within the district’s territory. |
| SB 863 | Perry | No | Relating to the use of water withdrawn from the Edwards Aquifer. | |
| SB 947 | Flores | HB 1318 by Guillen, Identical | 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 971 | Sparks | HB 2302 by Gerdes, Identical | Relating to the definition of a rural political subdivision for purposes of the Texas Water Assistance Program. | |
| SB 976 | Eckhardt | No | Relating to the establishment of an advisory board to study surface water and groundwater interaction. | |
| SB 1034 | Sparks, Perry | No | Relating to cybersecurity for retail public utilities that provide water or sewer service. | |
| SB 1154 | Hughes | No | Relating to a prohibition on weather and climate modification activities by a governmental entity. | |
| SB 1055 | Nichols | No | Relating to permit fees for groundwater wells imposed by the Southeast Texas Groundwater Conservation District. | |
| SB 1145 | Birdwell, Sparks | HB 2584 by Landgraf, Identical | Relating to the authority of the Texas Commission on Environmental Quality to issue permits for the land application of water produced from certain mining and oil and gas extraction operations. | |
| SB 1190 | Perry | HB 2605 by Gerdes, Identical | Relating to water losses reported by certain municipally owned utilities to the Texas Water Development Board; authorizing administrative penalties. |
Thank you, Todd. A lot of great information here and it’s clear you put a lot of effort into this.