TWCA Priority Bills Passed (81st Texas Legislature)
06-24-2009 - 09:57:23
HB 865
|
Swinford Hegar |
Relating to the establishment of the Texas Invasive Species Coordinating Committee. |
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| General Remarks: | Chapter 776, Government Code, is added to create the Texas Invasive Species Coordinating Committee, consisting of representatives of named state agencies, to facilitate governmental efforts, including efforts of local governments and special districts, to prevent and manage invasive species. The committee will be staffed by the State Soil and Water Conservation Board. |
| Last Action: | 9-
1-09 G Earliest effective date |
HB 987
|
Creighton West |
Relating to competitive procurement requirements for local governments. |
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| General Remarks: | Various codes are amended to raise the threshold that triggers competitive bidding for local governments to $50,000. Other minor changes are made. |
| Last Action: | 6-19-09 G Earliest effective date |
HB 1174
|
Hartnett Watson |
Relating to payment by a municipality or river authority for certain damages caused by the municipality's or river authority's operating of a sanitary sewer system. |
| General Remarks: | Chapter 552, Local Government Code, is amended to allow a municipality or a river authority to pay actual property damages arising from the backup of its sewer system regardless of whether it is liable for the damages under Chapter 101, Civil Practices and Remedies Code. The authorization does not constitute a waiver of sovereign immnunity. The bill does not apply to the Trinity River Authority, the San Jacinto River Authority, the Sabine River Authority, or the Lower Neches Valley Authority. The bill applies to any damages occurring after March 1, 2007. |
| Last Action: | 6-19-09 G Earliest effective date |
HB 1433
|
Lucio III Averitt |
Relating to the amount of the annual water quality fee imposed on holders of wastewater discharge permits and on users of water. |
| General Remarks: | Chapter 26, Water Code, is amended to increase the maximum annual fee the TCEQ may assess on a wastewater discharge permit, or a water rights permit or contract, from $75,000 currently to $100,000 on September 1, 2009. The fee will then be adjusted for inflation based on the Consumer Price Index on September 1 of each year up to a maximum of $150,000. |
| Last Action: | 9-
1-09 G Earliest effective date |
HB 2063
|
Callegari Duncan |
Relating to the enforcement of rules by a groundwater conservation district. |
| Companions: |
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| General Remarks: |
Chapter 36, Water Code, is amended to clarify that a groundwater district may enforce this chapter and its rules "against any person". The bill further specifies that limits on the amount of fees, costs, and penalties contained in Chapter 36, or under a special law governing a district operating under this chapter, constitute a limit of liability in an enforcement action against a governmental entity. |
| Last Action: | 6-19-09 G Earliest effective date |
HB 2685
|
Callegari Nichols |
Relating to the landowner's bill of rights. |
| General Remarks: | Chapter 21, Property Code, is amended to require an entity with eminent domain authority to provide a landowner's bill of rights statement to a landowner at least 7 days before making a final offer. An entity must also provide a copy of the bill of rights to a landowner before or at the same time the entity first represents it has eminent domain authority. |
| Last Action: | 1-15-10 G Earliest effective date |
HB 3391
|
Harper-Brown Hegar |
Relating to the continuation and functions of the Parks and Wildlife Department; changing the elements of an offense. |
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| General Remarks: | This is the sunset bill for Texas Parks and Wildlife Department. Section 7 of the bill as finally passed amends Section 12.0011 of the Parks and Wildlife Code to require a written response from an agency with statewide jurisdiction that receives written recommendations or information from TPWD pursuant to that section. |
| Last Action: | 9-
1-09 G Earliest effective date |
HB 4231
|
Ritter Eltife |
Relating to the conveyancing or transfer in this state of water imported into this state from a source located outside this state. |
| General Remarks: | Chapter 11, Water Code, is amended to authorize the use of the bed and banks of any natural stream to transport water under contract imported from out of state (except water imported from Mexico). Water imported from out of state and transported using the bed and banks is exempted from IBT requirements. |
| Last Action: | 6-19-09 G Earliest effective date |
HJR 14
|
Corte Duncan |
Relating to the limiting the public taking of private property, establishing the national research university fund to fund emerging research universities, and eliminating the higher education fund. |
| General Remarks: | A constitutional amendment is proposed to clarify that a taking of property for "public use" does not include the taking of property for transfer to a private entity for the primary purpose of economic development or enhancement of tax revenues. The amendment also proposes that on or after January 1, 2010, the legislature may enact a law granting the power of eminent domain only on a two-thirds vote of each house. |
| Last Action: | 11-
3-09 G Election date |
SB 1
|
Ogden Pitts |
General Appropriations Bill for the 2010-2011 biennium. |
| General Remarks: |
Some of the highlights for water funding based on issues debated during the session are as follows. The TCEQ continues to receive approximately $9.4 million dollars per year in General Revenue to fund existing water activities. The agency will also receive an additional $2.5 million of General Revenue for the biennium for enhancements to the dam safety program, $0.5 million for a study of the management of the Carrizo-Wilcox Aquifer, and $5.4 million for certain administrative costs. The agency is expected to increase fees (Consolidated Water Quality Fee, Water Use Fee, Public Health Service Fee) deposited to Fund 153 by approximately $18.7 million per year to fund agency water programs. These three fees today generate approximately $23 million per year. The fee package is scheduled for consideration on the July 8th Commission agenda. The TWDB was authorized to issue an additional $470 million in bonds backed by new appropriations of $46.5 million. This was in addition to baseline appropriations for debt service from the prior biennium for the issuance of $312.7 million in bonds. That makes $782.7 million available overall in the coming biennium. The environmental flows process authorized by SB3 was also fully funded for the coming biennium. |
| Last Action: | 6-19-09 G Earliest effective date |
SB 361
|
Patrick, Dan Callegari |
Relating to the requirement that water and sewer service providers ensure operations during an extended power outage. |
| General Remarks: | Chapter 13, Water Code, is amended to require a provider of raw or potable water to more than one customer and located in a county with a population of 3.3 million or more (Harris) or in an adjacent county with a population of 400,000 or more (Fort Bend) to ensure the operation of its water system during an extended power outage. An emergency preparedness plan must be submitted to the TCEQ for approval. |
| Last Action: | 6-19-09 G Earliest effective date |
SB 1003
|
Deuell Flynn |
Relating to the continuation and functions of the Office of State-Federal Relations and the administrative attachment of that agency to the office of the governor. |
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| General Remarks: | Chapter 751, Government Code, is amended to require an agency of the State or any political subdivision, including a river authority, to report to the Office of State-Federal Relations any contract with a federal level government relations consultant. |
| Last Action: | 9-
1-09 G Earliest effective date |
SB 1693
|
Ogden Cook |
Relating to the regulation of poultry facilities and poultry litter by the State Soil and Water Conservation Board and to the enforcement authority of the Texas Commission on Environmental Quality. |
| General Remarks: | Chapters 5, 7, and 26, Water Code, are amended to authorize the payment of penalties to the TCEQ by installment, to authorize the delegation of certain enforcement authority to the Executive Director, and to remove restrictions on the collection and use of fees for water quality management. Chapter 382, Health and Safety Code, and Chapter 26, Water Code, are amended to address siting, recordkeeping, and enforcement for a poultry facility. |
| Last Action: | 9-
1-09 G Earliest effective date |
SB 1711
|
Hegar Frost |
Relating to the use of reservoirs for sediment control or to satisfy environmental and safety requirements at surface mining operations. |
| General Remarks: | Chapter 11, Water Code, is amended to authorize a person, without obtaining a permit, to construct a reservoir as part of a surface coal mining operation under Chapter 134, Natural Resources Code, for sediment control or regulations relating to fire or dust suppression. Under prior law only sediment control was authorized. |
| Last Action: | 5-19-09 G Earliest effective date |
SB 2312
|
Averitt Miller, Doug |
Relating to eligibility for funds from the water infrastructure fund from the Texas Water Development Board. |
| General Remarks: | Chapter 15, Water Code, is amended to expand the definition of "eligible political subdivision". |
| Last Action: | 9-
1-09 G Earliest effective date |
SB 2314
|
Averitt Callegari |
Relating to the adoption of rules by the Texas Water Development Board regarding supplemental funding resulting from federal economic recovery legislation. |
| General Remarks: | Chapter 15, Water Code, is amended to ensure the TWDB may expeditiously provide financial assistance utilizing funds made available through federal programs. Certain procedural requirements for rule-making are waived if the Board determines the procedures do not allow for the the adoption of rules in a sufficiently prompt manner. |
| Last Action: | 6-19-09 G Earliest effective date |
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