TWCA Priority Bills Passed (79th Texas Legislature)
197-428-B-25 Goodson Bill Status Report 06-13-2005 - 14:40:59 
- Indicates action in the date range.
| General Remarks: |
HB57 as finally passed amends Section 41, Election Code,
to require general and special elections to be held on either the second
Saturday in May or the first Tuesday after the first Monday in November.
Conforming changes to Chapters 49 & 56, Water Code, require that director
elections be held in May. Certain other Election Code changes are made. |
| Track Code(s): |
TWC1, TWC2, TWC3 |
| General Remarks: |
HB256 as finally passed amends Section 2256.010,
Government Code, to expand the types of certificates of deposit authorized
for investment by governmental entities, including local governments. |
| Track Code(s): |
TWC1, TWC2, TWC3 |
| General Remarks: |
HB340 as finally passed amends Chapter 60, Water Code,
to allow a navigation district that has established a police force to also
establish a non-paid volunteer police reserve force to supplement the
district's regular police force. Conforming changes are made to Chapter 1901,
Occupations Code. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
HB467 as finally passed amends Chapters 15, 16 & 17,
Water Code, relating to TWDB financing of projects in economically distressed
areas. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
HB578 as finally passed amends Chapter 16, Water Code,
to require each regional planning group to identify existing major water
infrastructure facilities that may be used for interconnections in the event
of an emergency shortage of water. This information is excepted from
disclosure under the public information law. |
| Track Code(s): |
TWC1, TWC2, TWC3 |
| General Remarks: |
HB769 as finally passed amends Chapter 60, Water Code,
to allow a navigation district 90 days, rather than 45 days, to evaluate and
rank proposals submitted for construction services through a competitive
sealed process. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
HB828 as finally passed amends Section 49.181(a), Water
Code, to exempt certain refunding bonds from TCEQ's district bond approval
requirements. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
Certain prior acts of a navigation district or a port
authority are validated. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
Section 49.3076, Water Code, is amended to modify a
"bracketed" land exclusion provision. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
The bill as finally passed amends Section 54.209, Water
Code, to prohibit a municipal utility district from exercising the power of
eminent domain outside its boundaries to acquire: 1) a site for a water
treatment plant, water storage facility, wastewater treatment plant, or
wastewater disposal plant; 2)a site for a park, swimming pool, or other
recreational facility except a trail; 3) a site for a trail on real property
designated as a homestead; or 4) an exclusive easement through a county
regional park. The change in law does not affect an eminent domain action
initiated its effective date. |
| Track Code(s): |
TWC1, TWC2, TWC3 |
| General Remarks: |
The Election Code is amended to increase requirements
for the use of county election precincts by political subdivisions. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
The bill as finally passed requires the Texas Water
Development Board to conduct a conduct a study to determine the effects, if
any, of take-or-pay contracts on efforts to conserve water. The TWDB must
submit a report to the legislature summarizing its findings by January 1,
2007. |
| Track Code(s): |
TWC1, TWC2, TWC3 |
| General Remarks: |
The bill as finally passed amends Chapter 11, Water
Code, to exempt a water right from cancellation for non-use to the extent the
non-use resulted from the implementation of water conservation measures under
a water conservation plan submitted by the water right holder as evidenced by
implemetation reports submitted by the holder. |
| Track Code(s): |
TWC1, TWC2, TWC3 |
| General Remarks: |
The powers of the Menard County Underground Water
District are amended to authorize the district to require a permit for a well
used for domestic purposes or to provide water for livestock, poultry, or
wildlife if the well is: (1) on a tract of land smaller than 100 acres; (2)
less than 500 feet deep; and (3) drilled, completed, or equipped so that it
is capable of producing more than 9,000 gallons of groundwater per day. |
| Track Code(s): |
TGWA, TWC2, TWC3 |
| General Remarks: |
Chapter 1305, Occupations Code, regarding the licensing
of electricians, is amended. The amendments make it clear that the
installation, maintenance, alteration, or repair of well pumps and equipment
in accordance with Chapter 1902, Occupations Code, does not require an
electrician's license. Electrical work performed on a building, structure, or
equipment in agricultural use is also exempted. |
| Track Code(s): |
TGWA, TWC2, TWC3 |
| General Remarks: |
Chapter 13, Water Code, is amended to provide the TCEQ
with the same jurisdiction over a water supply or sewer service corporation
that it has over a water and sewer utility (i.e., an investor-owned utility)
if the commission finds that the water supply or sewer service corporation is
operating improperly as further specified in the bill. The bill also creates
the La Joya Special Utility District. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
Chapter 6, Water Code, is amended to authorize the Texas
Water Development Board to refer an applicant for or recipient of financial assistance
to another state agency, as appropriate, for enforcement. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
Chapter 240, Government Code, is amended to authorize a
county to assess an additional fee of not to exceed $500 for each cut of a
county road. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
Chapters 51 & 54, Water Code, are amended.
Reportedly, the Attorney General's Office has issued an opinion that even
though water control & improvement districts and municipal utility
districts have the authority to convey facilities to municpalites, this
authority does not extend to conveyances to other districts or water supply
corporations. The bill provides that authority. The bill as passed also
contains a bracketed provision for the annexation of a defined area within a
WCID or a MUD. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
Chapter 16, Water Code, is amended to expand the
authority of the Texas Water Development Board to execute agreements to
accept federal funds and to use those funds to provide assistance to state
and local governments or other persons for water supply, water treatment or
flood control. |
| Track Code(s): |
(nc), TWC2, TWC3 |
| General Remarks: |
Chapter 65, Water Code, relating to special utility
districts, is amended to require the TCEQ, in considering a petition for the
creation of a special utility district, to limit the district' authority to
purposes requested and considered necessary. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
The bill as finally passed amends Chapter 36, Water
Code, to establish comprehensive procedural requirements districts must use
for rule-making and permitting. The bill also amends Chapters 16 and 36,
Water Code, to strengthen requirements for joint planning and more consistent
groundwater management by districts within the same management area. For
example, groundwater districts within the same management area are required
to jointly establish the desired future condition of relevant aquifers and to
adopt management plans that contain goals and objectives consistent with
achieving that objective. |
| Track Code(s): |
TGWA, TWC1, TWC2, TWC3 |
| General Remarks: |
Track only. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
The enabling legislation of the Pineywoods Groundwater
Conservation District is amended to increase the withdrawal fee that the
district may assess to $0.025 per thousand gallons (the maximum is currently
$0.01). |
| Track Code(s): |
TGWA, TWC2, TWC3 |
| General Remarks: |
Track only. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
The bill as passed is a continuation of the clean-up and
compilation of the enabling legislation of special districts, including water
districts, into a Special District Local Laws Code. Any modifications are
intended to be non-substantive. |
| Track Code(s): |
TWC1, TWC2, TWC3 |
| General Remarks: |
Discharge of a firearm, including a bow, is generally
prohibited within the bed or bank of a navigable stream located in Dimmit,
Edwards, Frio, Kenedy, Llano, Maverick, Real, Uvalde, or
Zavala
County.
Discharge of shot from a shotgun is exempted. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
A clean coal technology bill. Various codes, including
the Water Code, are amended. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
Chapter 13, Water Code, is amended to authorize a city
having original jurisdiction over an investor owned utility to suspend the
effective date of the IOU's proposed rate change for longer than 90 days in
certain circumstances. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
This bill as finally passed amends Chapter 36, Water
Code, to prohibit a district from discriminating between land that is
irrigated for production and land that was irrigated for production and
enrolled or participating in a federal conservgation program. In issuing a
permit for an existing or historic use, a district may not discriminate
between land that is irrigated for production and land or wells on land that
was irrigated for production and enrolled or participating in a federal
conservation program. The provisions, except as otherwise provided for
Hudspeth
County, apply only to a rule adopted
by a groundwater district on or after September 1, 2005 or to a permit issued
or an application filed pursuant to a rule adopted on or after September 1,
2005. The Hudspeth County Underground Water Conservation District No. 1 is required
to bring rules voided by this Act into compliance within 90 days of the
effective date. |
| Track Code(s): |
TGWA, TWC1, TWC2, TWC3 |
| General Remarks: |
Handheld devices used for commercial dishwashing must
meet prescribed water conservation specifications. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
The bill as finally passed requires the Texas Water
Development Board to establish a Rainwater Harvesting Evaluation Committee to
study the feasibility of using rainwater harvesting as a source of water
supply. The committee is composed of a representative of TWDB, TCEQ, the
Department of Health Services, and the Texas Section of AWWA. A report must
be provided to the legislature by December 1, 2006. Chapter 341, Health &
Safety Code, is amended to require the TCEQ to establish standards relating
to the domestic use of harvested rainwater. |
| Track Code(s): |
TWC1, TWC2, TWC3 |
| General Remarks: |
The bill as finally passed amends Chapter 366, Health
& Safety Code, is amended to allow an owner of a single-family residence
to maintain an on-site sewage disposal system directly or through a
maintenance contract. The TCEQ shall adopt rules governing the training to be
provided to an owner who elects to maintain a system directly. An owner of a
system using aerobic treatment who elects to maintain the system directly
must take not to exceed six hours of training from the manufacture or
installer. The TCEQ or an authorized agent may periodically perform
inspections of owner-maintained aerobic systems. Enforcement is provided. |
| Track Code(s): |
TWC1, TWC2, TWC3 |
| General Remarks: |
HB2525 as passed is a comprehensive bill relating to
procedures to be used in contracting for construction projects and related
professional services. The bill is applicable both to state and local
governments. |
| Track Code(s): |
TWC1, TWC2, TWC3 |
| General Remarks: |
Various provisions of the district's enabling
legislation are modified. The bill also repeals an act creating a district in
the
Rio Grande
Valley. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
Track only. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
Chapter 54, Water Code, is amended to require a
municipal utility district to utilize and compensate the appropriate county
to perform duties regarding the election of a member of the board. An
exception is provided for a district with 10 or fewer qualified voters. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
The bill as finally passed amends Chapter 11, Water
Code, to authorize the watermaster of the South Texas Watermaster Program to
serve as the watermaster for the
Concho
River segment of the
Colorado
River Basin to ensure compliance with
water rights in the area. The program is funded with fees from water right
holders. On or after September 1, 2009, the program shall be discontinued if
at least 50 percent of the water right holders request a referendum and at
least 60 percent of those water right holders who vote in the referendum
favor discontinuing the program. |
| Track Code(s): |
TWC1, TWC2, TWC3 |
| General Remarks: |
The bill as finally passed makes numerous changes to
Chapter 13, Water Code. Some of the more significant changes are as follows.
Requirements for an application for a CCN are strengthened as they relate to
a proposed service area description, timelines for construction of
facilities, financial ability, and notice. Certain landowners may elect not
to be included in a new CCN. The authority of a city to maintain or extend a
CCN beyond its ETJ without landowner consent is eliminated. An expedited
process is created to release certain landowners from a CCN area. Each CCN
holder must record a map and a boundary description of the CCN area in the
real property records of each applicable county. |
| Track Code(s): |
TWC1, TWC2, TWC3 |
| General Remarks: |
Chapter 60, Water Code, relating to a navigation
district or port authority, is amended to increase the fine for certain
violations from $200 to $500. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
A district is created in central
Harris
County.
The district's broad powers do include some authority to manage groundwater. |
| Track Code(s): |
TGWA, TWC2, TWC3 |
| General Remarks: |
A groundwater district is authorized for creation
coextensive with the boundaries of
Victoria
County provided the
voters approve its creation by September 1, 2010. The ad valorem tax rate of
the district may not exceed two cents per $100 of assessed valuation. |
| Track Code(s): |
TGWA, TWC2, TWC3 |
| General Remarks: |
The authority of the district to impose fees or taxes on
certain entities or residents is modified. |
| Track Code(s): |
TGWA, TWC2, TWC3 |
| General Remarks: |
A district is created co-extensive with the city limits
of the City of
Corpus Christi,
including certain property owned or under contract to the City, to develop
and protect municipal aquifer storage areas created by the City. No
confirmation election is required. The district will operate as a groundwater
district under Chapter 36, Water Code. The district may not impose a tax or
issue bonds. |
| Track Code(s): |
TGWA, TWC2, TWC3 |
| General Remarks: |
The current board of this district is composed of the
county judge and the county commissioners of
Lampasas
County.
This bill provides for election of board members according to the
commisioners precinct method. |
| Track Code(s): |
TGWA, TWC2, TWC3 |
| General Remarks: |
A groundwater district is created co-extensive with the
boundaries of San Patrcio County, provided the district is confirmed by the
voters at a confirmation election. The district will operate under Chapter
36, Water Code. |
| Track Code(s): |
TGWA, TWC2, TWC3 |
| General Remarks: |
SB286 as finally passed amends Chapter 551, Government
Code, to require each elected or appointed member of a governmental body to
complete an open meetings training course of not less than one and not more
than two hours within 90 days of taking office. The attorney general may
provide training and may also approve training courses, and must make a
training video widely available at no cost. A governmental body must maintain
and make available for public inspection the record of its members'
completion of the training. Chapter 552, Government Code, is similarly
amended to require open records training for governmental bodies. However, a
public official may designate a public information coordinator to administer
the responsibilities of the public official under this chapter. Each elected
or appointed public official who takes office befroe January 1, 2006 must
complete required training by January 1, 2007. |
| Track Code(s): |
TWC1, TWC2, TWC3 |
| General Remarks: |
Chapter 240, Local Government Code, is amended to
authorize a county with a population of 1.4 million or more (currently
Tarrant, Dallas & Harris Counties) to regulate the placement of private
water wells in the unincorporated area of the county to prevent contamination
of a well from an on-site sewage disposal system, to prevent rendering an
on-site disposal system that was in place before the well was drilled out of
compliance with applicable law because of the placement of the well, and to
prevent drilling of a domestic well into or through a groundwater plume or
aquifer that has been confirmed as contaminated by the Texas Commission on
Environmental Quality. A
Commissioners
Court that elects to exercise this authority
shall adopt rules governing well placement relative to an existing on-site
sewage system. A person desiring to drill a well must notify the county and
provide a diagram to the county showing the location of the well and its
distance from any on-site sewage system within 100 feet. The county may
impose a placement review fee of not more than $50 to be paid by the person
drilling the well. The county must approve the drilling of the well if its
placement will not violate applicable rules adopted by the Texas Department
of Licensing and Regulation and is not drilled into or through a plume of
contamination. This subchapter does not apply to a private water well drilled
on a parcel 10 acres or more in size, a parcel qualified as open-space land
under the Tax Code, a parcel within the boundaries of a groundwater
conservation district, or a parcel within a subsidence district other than
the Harris Galveston County Subsidence District. It also does not apply to
wells incidental to the production of oil and gas or to public water system
wells. A provision was also added to ensure that a water well pump installer
is not required to be a licensed electrician. |
| Track Code(s): |
TGWA, TWC2, TWC3 |
| General Remarks: |
The Election Code is amended to require a political
subdivision that changes its boundaries or the boundaries of districts used
to elect members to its governing body to notify the voter registrar of the
county. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
Track only. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
Section 15.974(b), Water Code, is repealed, effectively
giving the Texas Water Development Board greater flexibility in the
utilization of the water infrastructure fund. The section repealed currently
limits TWDB funding of certain projects to 10% of the amount of financial
assistance budgeted by the board to be made available from the fund in a
fiscal year. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
Chapter 551, Government Code, is amended. A governmental
body (including various local governments) that recesses a meeting to the
following business day is not required to post notice of the continued
meeting if the action is taken in good faith and not to circumvent notice
requirements. A further continuation would require additional notice. A
governmental body prevented from convening a properly noticed meeting because
of a catastrophe may also convene the meeting under prescribed conditions. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
Section 6.27, Tax Code, is amended to limit the fees a
county tax assessor-collector may charge a river authority for collection of
taxes. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
State law prohibits a groundwater district from
requiring a permit for a well used solely for domestic or livestock purposes
on a tract larger than 10 acres that is incapable of producing more than
25,000 gallons per day. This bill amends the enabling legislation of the Cow
Creek Groundwater Conservation District to allow the district to impose fees
on these wells. |
| Track Code(s): |
TGWA, TWC2, TWC3 |
| General Remarks: |
The Central Texas Groundwater Conservation District is
authorized to be created in
Burnet
County provided the
voters approve creation at a confirmation election. The district will
generally operate under Chapter 36, Water Code, but does additionally have
explicit authority to regulate any activity that extracts groundwater or
allows more than 25,000 gallons of groundwater a day to escape. The bill also
contains specific provisions related to groundwater export. |
| Track Code(s): |
TGWA, TWC2, TWC3 |
| General Remarks: |
The enabling legislation of the district is amended to
designate how directors are elected after the county commissioners precincts
are redrawn. |
| Track Code(s): |
TGWA, TWC2, TWC3 |
| General Remarks: |
The Lower Trinity Groundwater Conservation District,
covering
Liberty, Polk, and
San Jacinto
Counties,
is created upon voter approval at a confirmation election. The district may
assess fees not to exceed 5 cents per 1000 gallons of groundwater withdrawn.
Fees may not be assessed against a well used exclusively for agriculture,
against an exempt domestic and livestock well incapable of producing more than
25,000 gallons per day, or against any other well exempt from permitting
under Section 36.117(b), Water Code. The district may not impose a tax. The
district will operate generally under Chapter 36, Water Code. |
| Track Code(s): |
TGWA, TWC2, TWC3 |
| General Remarks: |
The applicability of certain provisions of Chapter 13,
Water Code, are clarified as they relate to a public utility that provided
service in only 24 counties on 1/1/03. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
SB1297 as finally passed amends Chapter 7, Water Code,
to clarify that a discharge of used oil into waters of the State at less than
15 ppm following the discharge in accordance with a general stormwater permit
is not a violation. |
| Track Code(s): |
TWC1, TWC2, TWC3 |
| General Remarks: |
Chapter 26, Water Code, is amended to establish a pilot
program for the regulation of quarries in a unique portion of the Brazos
River watershed located downstream of Morris Shephard Dam on Possum Kingdom
Reservoir in Palo Pinto County downstream to the county line between Hood
& Parker Counties. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
Comprehensive changes are made to the enabling
legislation of the Harris-Galveston Counties Coastal Subsidence District and
the Fort Bend Subsidence District. The provisions of Chapters 36 & 49,
Water Code, do not apply to either district. |
| Track Code(s): |
TGWA, TWC2, TWC3 |
| General Remarks: |
The enabling legislation of the district is amended to
prohibit the assessment of fees against a well used only for domestic,
agricultural, or wildlife purposes within the district. |
| Track Code(s): |
TGWA, TWC2, TWC3 |
| General Remarks: |
Chapter 382, Health & Safety Code, is amended to
allow certain construction activites otherwise allowed under federal allow to
commence while an application is pending at TCEQ. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
Chapter 60, Water Code, relating to navigation districts
and port authorities, is amended to modify certain contracting requirements. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
The original legislation creating this district provided
the district with all of the powers and duties contained in Chapters 36 and
49, Water Code. This legislation repeals the reference to Chapter 49. |
| Track Code(s): |
TGWA, TWC2, TWC3 |
| General Remarks: |
Chapter 67, Water Code, is amended to establish
provisions for the dissolution of a water supply corporation and the transfer
of its assets to a municipality. The provisions apply only to a corporation
and municipality located in a county with a population of 650,000 or more and
adjacent to an international border. |
| Track Code(s): |
TWC2, TWC3 |
| General Remarks: |
See HB3513. |
| Track Code(s): |
TGWA, TWC2, TWC3 |
| General Remarks: |
A groundwater conservation district is created
coextensive with the boundaries of
Duval
County, provided the
voters approve the creation of the district.The district will generally
operate under Chapter 36, Water Code. The district may serve as a
court-appointed receiver of another district and may contract with and assume
the functions of a municipal utility district. Procedures are established for
merger with a water control and improvement district. |
| Track Code(s): |
TGWA, TWC2, TWC3 |
| General Remarks: |
A groundwater conservation district is created
coextensive with the boundaries of Starr County provided the
voters approve the creation of the district at a confirmation election. The
district will generally operate under Chapter 36, Water Code. The district
may serve as a court appointed receiver of another district and may contract
with and assume the functions of a municipally owned utility. Procedures are
established for merger with a water supply or sewer service corporartion. |
| Track Code(s): |
TGWA, TWC2, TWC3 |
