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TWCA Priority Bills Passed (80th Texas Legislature)
197-428-B-25 Goodson Bill Status Report
06-27-2007 - 23:28:47
 - Action in the date
range  - Link to
Related Information ( ) - Priority [ ] - Position
|
HB 3 |
Puente
Averitt
|
Relating to the management of the water resources of
the state, including the protection of instream flows
and freshwater inflows, and to the management of
groundwater regulated by the Edwards Aquifer Authority. |
| General Remarks: |
Article 1 is the comprehensive
"e-flows" legislation establishing a process for
protecting needed flows for Texas rivers and bay systems
against new appropriations of surface water. This
legislation is the result of negotiations between TWCA
and environmental interests over the last few years.
Article 2 is the negotiated bill amending the enabling
legislation of the Edwards Aquifer Authority. Both of
these articles are also contained in SB3. |
| Track Code(s): |
Dean's Priority List, All Bills Of
Interest, TWCA- Priority Bills Passed, TWCA- Bills of
Interest Passed |
| Bill History: |
06-15-07 G Earliest effective date
|
| General Remarks: |
Chapter 1, Water Code, is amended
to recognize that voluntary land stewardship, such as
land and habitat management, wildlife conservation, and
watershed protection, result in a benefit to the natural
resources of this state and to the general public.
Chapter 10, Water Code, is added to create a Water
Conservation Advisory Council, composed of 17 members
appointed by the TWDB, to monitor and further develop
water conservation initiatives. Chapter 11, Water Code,
is amended to define "best management practices".
Chapter 13, Water Code, is amended to require each
retail public utility that provides water service to
3,300 or more connections to submit a water conservation
plan to the TWDB. Chapter 16, Water Code, is amended to
require the TWDB to develop and implement a statewide
water conservation public awareness program, and to
require annual progress reports for entities required to
submit water conservation plans. The TWDB and TCEQ are
required to jointly adopt rules identifying minimum
requirements and submission deadlines for annual
progress reports. Other Codes are amended related to
rainwater harvesting. |
| Track Code(s): |
Dean's Priority List, All Bills Of
Interest, TWCA- Priority Bills Passed, TWCA- Bills of
Interest Passed |
| Bill History: |
06-15-07 G Earliest effective date
|
|
HB 447 |
Callegari
Jackson, Mike
|
Relating to contracts by governmental entities and
related professional services and to public works
performance and payment bonds. |
| Companions: |
SB 356 (Identical)
|
| General Remarks: |
Alternatives to low-bid delivery
of construction projects, currently contained in
numerous codes such as the Education Code, the Local
Government Code, and the Government Code, are
consolidated into a new Chapter 2264 of the Government
Code. Their applicability is also expanded. |
| Track Code(s): |
Dean's Priority List, All Bills Of
Interest, TWCA- Priority Bills Passed, confluence, TWCA-
Bills of Interest Passed |
| Bill History: |
06-15-07 G Vetoed by the Governor
|
| General Remarks: |
Chapter 49, Water Code, is amended
to require a district, for a contract over $250,000, to
accept a bid bond in the amount required by the district
as a bid deposit if the bid bond meets certain other
requirements. |
| Track Code(s): |
Dean's Priority List, All Bills Of
Interest, TWCA- Priority Bills Passed, confluence, TWCA-
Bills of Interest Passed |
| Bill History: |
06-15-07 G Earliest effective date
|
| General Remarks: |
Section 5.128(a), Water Code, is
amended to authorize the TCEQ to adjust fees as
necessary to encourage electronic reporting and the use
of the TCEQ's electronic document retrieving system.
|
| Track Code(s): |
Dean's Priority List, All Bills Of
Interest, TWCA- Priority Bills Passed, TWCA- Bills of
Interest Passed |
| Bill History: |
09-01-07 G Earliest effective date
|
|
HB 1495 |
Callegari
Nichols
|
Relating to a bill of rights for property owners
whose property may be acquired by governmental or
private entities through the use of eminent domain
authority. |
| General Remarks: |
This bill is cited as the
Landowner's Bill of Rights Act. Chapter 402, Government
Code, is amended to require the Attorney General to
prepare a bill of rights for a property owner whose
property may be acquired through the use of eminent
domain. Chapter 21, Property Code, is amended to require
a governmental or private entity, before initiating
negotiations with a property onwer to acquire real
property, to provide the property owner with the
landowner's bill of rights. |
| Track Code(s): |
Dean's Priority List, All Bills Of
Interest, TWCA- Priority Bills Passed, confluence, TWCA-
Bills of Interest Passed |
| Bill History: |
02-01-08 G Earliest effective date
|
|
HB 1498 |
Hopson
Eltife
|
Relating to the creation of the Panola County
Groundwater Conservation District. |
| General Remarks: |
The Panola County Groundwater
Conservation District is created coextensive with the
boundaries of Panola County. A confirmation election is
required. The district will operate generally under
Chapter 36, Water Code. The bill contains limitations on
both the tax rate and production fees. |
| Track Code(s): |
TGWA- Bills Passed, TGWA
Legislative Committee, All Bills Of Interest, TWCA-
Priority Bills Passed, TWCA- Bills of Interest Passed |
| Bill History: |
06-15-07 G Earliest effective date
|
| General Remarks: |
Chapter 401, Local Government
Code, is amended to require a municipality with a
population of 20,000 or more to adopt and enforce
standards for the design, installation and operation of
a(landscape) irrigation system consistent with the State
program already administered by the TCEQ. Chapter 49,
Water Code, is amended to provide a water district with
similar permissive authority. |
| Track Code(s): |
Dean's Priority List, All Bills Of
Interest, TWCA- Priority Bills Passed, confluence, TWCA-
Bills of Interest Passed |
| Bill History: |
06-15-07 G Earliest effective date
|
|
HB 1886 |
Callegari
West, Royce
|
Relating to the procurement methods of certain
political subdivisions and certain other entities for
the construction, rehabilitation, alteration, or repair
of certain projects. |
| General Remarks: |
Chapter 271, Local Government
Code, is amended to establish design-build procedures
for local governments for civil works projects,
including water and wastewater. The applicability of the
procedures are phased in over the next four years based
on the population of an entity's service area. The
number of projects for which a local government may use
these procedures annually is also limited based on
population. |
| Track Code(s): |
Dean's Priority List, All Bills Of
Interest, TWCA- Priority Bills Passed, confluence, TWCA-
Bills of Interest Passed |
| Bill History: |
09-01-07 G Earliest effective date
|
| General Remarks: |
Various codes are amended to
ensure that entities make a bona fide offer to acquire
property voluntarily before exercising eminent domain
and to require that property is only taken for a public
use. The governing body of a governmental entity must
take an official action before exercising eminent
domain. A property owner may construct streets or roads
over easements over their property. A property owner
must be given an opportunity to repurchase condemned
property under certain conditions. Condemnation actions
for the state highway system that diminish the value of
property as a result of reduced access may require
compensation (some suggest the Governor may veto the
bill as a result of this provision). |
| Track Code(s): |
Dean's Priority List, All Bills Of
Interest, TWCA- Priority Bills Passed, confluence, TWCA-
Bills of Interest Passed |
| Bill History: |
06-15-07 G Vetoed by the Governor
|
|
HB 2365 |
Truitt
Duncan
|
Relating to financial accounting and reporting for
this state and political subdivisions of this state. |
| General Remarks: |
Chapter 2264, Government Code, is
amended to require the state and each political
subdivision of the state to use certain financial
accounting and reporting standards. A modified accrual
method may be used for certain finanacial activities.
Accounting for post-employment benefits is also
addressed. |
| Track Code(s): |
Dean's Priority List, All Bills Of
Interest, TWCA- Priority Bills Passed, confluence, TWCA-
Bills of Interest Passed |
| Bill History: |
06-15-07 G Earliest effective date
|
|
HB 2654 |
Puente
Duncan
|
Relating to the regulation of the use of an
injection well to inject nonhazardous brine from a
desalination operation or to inject nonhazardous
drinking water treatment residuals. |
| General Remarks: |
Chapter 27, Water Code, is amended
to authorize the TCEQ to issue a general permit for the
use of a Class I injection well to inject non-hazardous
brine from a desalination operation or to inject
non-hazardous drinking water residuals. |
| Track Code(s): |
(Master List Only), TGWA- Bills
Passed, TGWA Legislative Committee, Dean's Priority
List, All Bills Of Interest, TWCA- Priority Bills
Passed, confluence, TWCA- Bills of Interest Passed |
| Bill History: |
09-01-07 G Earliest effective date
|
|
HB 3098 |
Puente
Averitt
|
Relating to the fees imposed by the Texas Commission
on Environmental Quality in connection with plans that
are subject to review and approval under the
commission's rules for the protection of the Edwards
Aquifer. |
| General Remarks: |
Chapter 26, Water Code, is amended
to increase the cap on fees the TCEQ may impose for
water pollution abatement plans and plans for sewage
collection systems, and to further authorize the
collection of fees for contribuing zone plans. |
| Track Code(s): |
Dean's Priority List, All Bills Of
Interest, TWCA- Priority Bills Passed, TWCA- Bills of
Interest Passed |
| Bill History: |
09-01-07 G Earliest effective date
|
|
HB 3693 |
Straus
Fraser
|
Relating to energy demand, energy load, energy
efficiency incentives, energy programs, and energy
performance measures. |
| General Remarks: |
The Education, Government, Health
and Safety, and Utilities Codes are amended to require
governmental entities to adopt energy efficiency
programs. Local governments are required to record and
report the consumption and cost for electricity, natural
gas, and water on a publicly accessible internet web
site, or at another publicly accessible location. |
| Track Code(s): |
Dean's Priority List, All Bills Of
Interest, TWCA- Priority Bills Passed, confluence, TWCA-
Bills of Interest Passed |
| Bill History: |
09-01-07 G Earliest effective date
|
| General Remarks: |
Numerous changes are made to the
Texas Uranium, Surface Mining, and Reclamation Act,
particularly related to exploration wells associated
with in situ mining activites. Monitor wells and rig
supply wells used in conjunction with exploration are
subject to certain requirements of groundwater
conservation districts when the cumulative amount of
water produced at one facility in any one year exceeds
40 acre-feet. |
| Track Code(s): |
TGWA- Bills Passed, TGWA
Legislative Committee, Dean's Priority List, All Bills
Of Interest, TWCA- Priority Bills Passed, TWCA- Bills of
Interest Passed |
| Bill History: |
09-01-07 G Earliest effective date
|
|
HB 4028 |
Geren
Brimer
|
Relating to the creation of the Northern Trinity
Groundwater Conservation District. |
| General Remarks: |
THe Northern Trinity Groundwater
Conservation District, coextensive with the boundaries
of Tarrant County, is created. No confirmation election
is required. The district has the powers and duties
provided by Chapter 36, Water Code, except the district
does not have the power of eminent domain or the
authority to impose a tax or issue bonds. |
| Track Code(s): |
TGWA- Bills Passed, TGWA
Legislative Committee, All Bills Of Interest, TWCA-
Priority Bills Passed, TWCA- Bills of Interest Passed |
| Bill History: |
06-15-07 G Earliest effective date
|
|
HB 4029 |
Morrison
Hegar
|
Relating to the creation of the Lavaca County
Groundwater Conservation District. |
| General Remarks: |
The Lavaca County Groundwater
Conservation District is authorized for creation subject
to a confirmation election. The district generally has
the powers and duties as provided by Chapter 36, Watr
Code. The district may not require metering of exempt
wells. The district may not exercise the power of
eminent domain. Wells completed before the district
adopts spacing rules are not subject to spacing
requirements. Taxes may not exceed five cents per $100
of valuation. |
| Track Code(s): |
TGWA- Bills Passed, TGWA
Legislative Committee, All Bills Of Interest, TWCA-
Priority Bills Passed, TWCA- Bills of Interest Passed |
| Bill History: |
06-15-07 G Earliest effective date
|
| General Remarks: |
The Colorado County Groundwater
Conservation District is created contingent on a
confirmation election. The powers and duties of the
district are generally consistent with Chapter 36, Water
Code, with a few exceptions. For example the district is
not granted the power of eminent domain. The district's
tax rate may not exceed three cents per $100 of assessed
valuation. Certain acts of the 77th legislature in 2001
are repealed. |
| Track Code(s): |
TGWA- Bills Passed, TGWA
Legislative Committee, All Bills Of Interest, TWCA-
Priority Bills Passed, TWCA- Bills of Interest Passed |
| Bill History: |
06-15-07 G Earliest effective date
|
|
SB 3 |
Averitt
Puente
|
Relating to the development, management, and
preservation of the water resources of the state. |
| General Remarks: |
This omnibus water bill creates a
local stakeholder driven process to develop
recommemdations for providing needed flows for rivers
and bay systems for wildlife, promotes water
conservation and land stewardship, and protects future
reservoir sites and unique stream segments from certain
future actions. Protections for landowners in designated
reservoir sites are provided. Relating to groundwater,
the bill amends the enabling legislation of the Edwards
Aquifer Authority, creates the Tablerock Groundwater
Conservation District in Coryell County, expands the
boundaries of the Culberson County Groundwater
Conservation District, and provides additional authority
for groundwater districts in the Hill Country PGMA to
regulate the pumping of groundwater into lakes for
appearance purposes. The bill also abolishes the Texas
Water Advisory Council and creates a joint interim
committee to review alternatives for water
infrastructure finanacing. Many of these provisions are
also contained in HB3 and HB4. Numerous other issues are
addressed in SB3. |
| Track Code(s): |
TGWA- Bills Passed, TGWA
Legislative Committee, Dean's Priority List, All Bills
Of Interest, TWCA- Priority Bills Passed, confluence,
TWCA- Bills of Interest Passed |
| Bill History: |
06-16-07 G Earliest effective date
|
|
SB 657 |
Seliger
Puente
|
Relating to the threshold amount at which certain
water districts are required to solicit competitive bids
before awarding certain contracts and to the ability of
such districts to enter those contracts. |
| General Remarks: |
Chapter 49, Water Code, is amended
to raise the thresholds for advertising and bidding
requirements from $15,000/$25,000 to $25,000/$50,000.
The newspaper notice requirement is reduced from three
to two consecutive weeks. |
| Track Code(s): |
Dean's Priority List, All Bills Of
Interest, TWCA- Priority Bills Passed, confluence, TWCA-
Bills of Interest Passed |
| Bill History: |
09-01-07 G Earliest effective date
|
|
SB 662 |
Wentworth
Hilderbran
|
Relating to transmittal to the Texas Water
Development Board and a local groundwater conservation
district of certain information by a person applying to
subdivide a tract of land. |
| General Remarks: |
Chapters 212 and 232, Local
Government Code, currently provide that a city or county
may require a person submitting a plat for a subdvision
involving the use of groundwater to provide
certification of the availabiltiy of groundwater for the
project. The TCEQ is authorized to establish the
appropriate form and content of the certification. This
bill directs the TCEQ, in consultation with the TWDB, to
further require that the subdivider provide useful
information to the TWDB and to any applicable
groundwater district. |
| Track Code(s): |
(Master List Only), TGWA- Bills
Passed, TGWA Legislative Committee, Dean's Priority
List, All Bills Of Interest, TWCA- Priority Bills
Passed, TWCA- Bills of Interest Passed |
| Bill History: |
09-01-07 G Earliest effective date
|
|
SB 714 |
Fraser
Puente
|
Relating to reports regarding certain water wells
required by a groundwater conservation district. |
| General Remarks: |
Chapter 36, Water Code, is amended
to authorize a groundwater district to require water use
reporting from the owner or operator of a well that is
required to be registered with or permitted by the
district, except for a well used for domestic or
livestock purposes and exempt under Section
36.117(b)(1). |
| Track Code(s): |
TGWA- Bills Passed, TGWA
Legislative Committee, Dean's Priority List, All Bills
Of Interest, TWCA- Priority Bills Passed, confluence,
TWCA- Bills of Interest Passed |
| Bill History: |
09-01-07 G Earliest effective date
|
|
SB 1037 |
Duncan
Darby
|
Relating to the prevention of surface water or
groundwater pollution from certain evaporation pits. |
| General Remarks: |
Chapter 26, Water Code, is amended
to establish regulatory requirements for evaporation
pits operated for the commercial production of brine
water, minerals, salts, or other substances that
naturally occur therein and that are not regulated by
the Railroad Commission. |
| Track Code(s): |
Dean's Priority List, All Bills Of
Interest, TWCA- Priority Bills Passed, TWCA- Bills of
Interest Passed |
| Bill History: |
09-01-07 G Earliest effective date
|
|
SB 1383 |
Seliger
Smithee
|
Relating to district hearings and citizen suits for
illegally drilling or operating a water well. |
| General Remarks: |
Chapter 36, Water Code, is amended
to clarify the authority for a civil suit against the
owner of a well drilled or operated without a required
permit or producing groundwater in violation of a
groundwater district rule. A suit may be brought by an
adjacent landowner, or a person who has a right to
produce groundwater within one-half mile of the well in
question, to stop the illegal activity and for damages.
|
| Track Code(s): |
(Master List Only), TGWA- Bills
Passed, TGWA Legislative Committee, Dean's Priority
List, All Bills Of Interest, TWCA- Priority Bills
Passed, confluence, TWCA- Bills of Interest Passed |
| Bill History: |
06-15-07 G Earliest effective date
|
|
SB 1436 |
West, Royce
Creighton
|
Relating to the transfer of responsibility for the
National Flood Insurance Program from the Commission on
Environmental Quality to the Water Development Board. |
| General Remarks: |
The National Flood Insurance
Program is transferred from the TCEQ to the TWDB, and
funding is increased by $3.05 million annually. |
| Track Code(s): |
Dean's Priority List, All Bills Of
Interest, TWCA- Priority Bills Passed, confluence, TWCA-
Bills of Interest Passed |
| Bill History: |
09-01-07 G Earliest effective date
|
|
SB 1762 |
Shapleigh
Guillen
|
Relating to a study by the Texas Water Development
Board regarding the impact of climate change on surface
water supplies from the portion of the Rio Grande in
Texas subject to the Rio Grande Compact. |
| General Remarks: |
The TWDB, in consultation with the
Far West Texas Regional Planning group, is required to
conduct a study regarding the possible impact of climate
change on surface water supplies from the Rio Grande.
|
| Track Code(s): |
Dean's Priority List, All Bills Of
Interest, TWCA- Priority Bills Passed, TWCA- Bills of
Interest Passed |
| Bill History: |
06-15-07 G Earliest effective date
|
| General Remarks: |
The Upper Trinity Groundwater
Conservation District is created co-extensive with the
boundaries of Hood, Montague, Parker and Wise Counties.
A confirmation election is required. The district will
operate generally under Chapter 36, Water Code, with
certain exceptions. The district will not have taxing
authority. Fees may not exceed $1 per acre-foot annually
for groundwater used for agriculture and $0.30 per
thousand gallons for groundwater used for other
purposes. |
| Track Code(s): |
TGWA- Bills Passed, TGWA
Legislative Committee, All Bills Of Interest, TWCA-
Priority Bills Passed, TWCA- Bills of Interest Passed |
| Bill History: |
06-15-07 G Earliest effective date
|
|
SB 1985 |
Averitt
Dunnam
|
Relating to the creation of the McLennan County
Groundwater Conservation District. |
| General Remarks: |
The McLennan County Groundwater
District is created coextensive with the boundaries of
McLennan County. A confirmation election is required.
The district will operate generally under Chapter 36,
Water Code. The TCEQ is directed to dissolve the
district as soon as practicable after September 1, 2011,
if the district boundaries at that time do not include
at least one county adjacent to McLennan county. The
district may not impose a user fee for agricultural use
that is more tha 20% of the fee imposed for municipal
use. |
| Track Code(s): |
TGWA- Bills Passed, TGWA
Legislative Committee, All Bills Of Interest, TWCA-
Priority Bills Passed, TWCA- Bills of Interest Passed |
| Bill History: |
06-15-07 G Earliest effective date
|
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