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

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.

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

HB 4

Puente
Averitt

Relating to water conservation.

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.

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

HB 576

Smith, Wayne
Ellis, Rodney

Relating to the bid bond form of bid deposit for certain special district construction projects.

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

HB 1254

Bonnen
Averitt

Relating to environmental permitting fees and electronic reporting.

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.

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

HB 1656

Puente
Averitt

Relating to regulation of irrigation systems and irrigators.

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.

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

HB 2006

Woolley
Janek

Relating to the use of eminent domain authority.

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).

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.

Companions:	SB 1102 (Identical)

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.

Companions:	SB 1343 (Identical)

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

HB 3837

Gonzalez Toureilles
Hegar

Relating to regulation by the Railroad Commission of Texas of uranium exploration.

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.

Companions:	SB 2052 (Identical)

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.

Companions:	SB 1968 (Identical)

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

HB 4032

Cook, Robby
Hegar

Relating to the creation of the Colorado County Groundwater Conservation District.

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.

Companions:	HB 1313 (Identical)

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.

Companions:	HB 3230 (Identical)

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.

Companions:	HB 2962 (Identical)

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

SB 1983

Estes
King, Phil

Relating to the creation of the Upper Trinity Groundwater Conservation District.

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.

Companions:	HB 3986 (Identical)

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