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2011 REGULAR SESSION- PRIORITY
BILLS PASSED
06-28-2011 - 11:06:28
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HB 628
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Callegari
Jackson, Mike
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Relating to contracts by
governmental entities and related professional services
and to public works performance and payment bonds. |
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General Remarks: |
Various codes are amended
to consolidate and standardize procurement procedures
for governmental entities. |
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Last Action: |
9- 1-11 G Earliest
effective date
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HB 1732
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Ritter
Hinojosa
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Relating to the
applicability of the constitutional limit on state debt
payable from the general revenues of the state to bonds
issued by the Texas Water Development Board. |
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General Remarks: |
Chapter 17, Water Code, is
amended to enusre that certain bonds authorized by the
TWDB are not considered to be state debt payable from
general revenue under the Texas Constitution until the
legislature makes an appropriation of general revenue to
the board to pay the debt service on the bonds. Chapters
15 and 16, Water Code, are amended to prohibit the
finanacing of certain projects until the applicant has
completed a water infrastructure financing survey. Also
see SJR4. |
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Last Action: |
9- 1-11 G Earliest
effective date
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HB 1808
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Cook
Watson
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Relating to the
continuation and functions of the State Soil and Water
Conservation Board. |
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General Remarks: |
This is the comprehensive
sunset bill for the State Soil and Water Conservation
Board. |
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Last Action: |
9- 1-11 G Earliest
effective date
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General Remarks: |
The Public Funds Investment
Act (Chapter 2256, Government Code) is amended to
require monitoring of rating changes in investments, to
define the 2-year training cycle, and to further address
authroized investments. |
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Last Action: |
6-17-11 G Earliest
effective date
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HB 2694
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Smith, Wayne
Huffman
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Relating to the
continuation and functions of the Texas Commission on
Environmental Quality and abolishing the On-site
Wastewater Treatment Research Council. |
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General Remarks: |
This is the comprehensive
Sunset bill for the TCEQ. Issues of particular interest
include an exemption from dam safety regulation until
2015 for certain dams in rural areas impounding less
than 500 acre-feet; transfer of surface casing
determinations for oil and gas wells from the TCEQ to
the RRC; utilitzation of compliance histroy in
enforcement and permitting decisions; clarification of
the agency's authority to administer surface water
rights during droughts and other emergencies; and a
requirement to periodically assess the need for
additional watermaster programs. |
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Last Action: |
9- 1-11 G Earliest
effective date
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General Remarks: |
Chapter 16, Water Code,
currently requires a retail public utility providing
potable water to perform and file with the TWDB every 5
years a water audit computing the utility's water loss.
HB3090 requires those retail public utilties receiving
financial assistance from the TWDB to perform the audit
annually. |
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Last Action: |
9- 1-11 G Earliest
effective date
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HB 3372
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King, Tracy
Jackson, Mike
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Relating to standards for
a structure that is connected to a public water supply
system and has a rainwater harvesting system. |
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General Remarks: |
Chapter 341, Health and
Safety Code, is amended to require the TCEQ and the
Texas Department of Health to develop rules for a
rainwater harvesting system used for indoor potable
purposes and connected to a public water supply system.
A person who installs or maintains such a system must be
a licensed plumber and certified as a water supply
protection specialist. The owner of the public water
supply system must be notified before connecting the
rainwater harvesting system to the public water supply
system. The public water supply system may not be held
liable for any adverse health effects of the connection.
Also see SB1073. |
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Last Action: |
9- 1-11 G Earliest
effective date
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General Remarks: |
Various codes are amended
to allow financial institutions to consider making loans
for developments that will use harvested rainwater as
the sole source of water supply; to require that
rainwater harvesting technology be incorporated into the
design and construction of certain new state buildings;
to address criteria for the installation and maintenance
of rainwater harvesting systems that are used for indoor
potable purposes and connected to a public water supply
system; to require cities and counties to encourage
rainwater harvesting; to address prohibitions on
rainwater harvesting by property owners associations;
and to incorporate the promotion of rainwater harvesting
into the water policies of the state. |
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Last Action: |
9- 1-11 G Earliest
effective date
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General Remarks: |
Various codes relating to
eminent domain are amended to ensure that a governmental
entity may only exercise the authority of eminent for a
public use; to require a governmental entity to
authorize initiation of an eminent proceeding through a
public meeting; to require all entities with eminent
domain authority to document that authority with the
Comptroller by 12/31/2012 (or lose it); to require
disclosure of certain appraisal information to a
landowner; to require a bona fide offer to a landowner
that is equal to or greater than the appraised value; to
establish procedures for repurchase of property by a
landowner when the condemned land is not used for its
intended purpose in 10 years; etc. |
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Last Action: |
9- 1-11 G Earliest
effective date
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SB 181
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Shapiro
Laubenberg
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Relating to the reporting
of water conservation measures by municipalities and
water utilities. |
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General Remarks: |
Chapter 16, Water Code, is
amended, to require each regional water planning group
to report on projected water use and conservation, and
the implementaion of planned projects. The legislature
finds that gallons per capita per day is not an accurate
measure of water use or conservation without adjustment
for certain variables, and requires the TWDB and the
TCEQ, in consultation with the Water Conservation
Advisory Council, to develop a uniform, consistent
methodology and guidance for calculating and reporting
water use and conservation by a municipality or water
utility. Rule-making is authroized as necessary.
Timelines are established. |
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Last Action: |
6-17-11 G Earliest
effective date
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General Remarks: |
Chapter 35, Water Code, is
amended to change the planning horizon for the priority
groundwater management area (pgma) process to 50 years
(current law is 25 years). Language is added to clarify
that the TCEQ's rule-making authority for pgmas also
applies to the critical area process that existed before
September 1, 1997. Procedures are added to clarify how
financing occurs when a pgma area is added to an
existing district. Conforming changes are made to
Chapter 36, Water Code. |
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Last Action: |
9- 1-11 G Earliest
effective date
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SB 332
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Fraser
Ritter
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Relating to the vested
ownership interest in groundwater beneath the surface
and the right to produce that groundwater. |
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General Remarks: |
Chapter 36, Water Code, is
amended to recognize that a landowner owns the
groundwater below the surface as real property. The
landowner is entitled to drill for and produce
groundwater subject to the spacing requirements and
production limits of a groundwater district. The
existence of common law or other defenses to liability
under the rule of capture are unaffected. This section
does not affect the ability of the EAA or the subsidence
districts to regulate in any manner authorized by
enabling legislation. |
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Last Action: |
9- 1-11 G Earliest
effective date
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SB 333
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Fraser
King, Tracy
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Relating to election
procedures and qualifications of members of boards of
directors for water supply or sewer service
corporations. |
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General Remarks: |
Chapter 67, Water Code, is
amended to establish qualifications and election
procedures for board members of water supply
corporations. |
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Last Action: |
9- 1-11 G Earliest
effective date
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General Remarks: |
Amends Chapter 15, Water
Code, to add other sources of revenue to the Rural Water
Assistance Fund and expands the range of projects that
can be financed through the fund. It also codifies TWDB
rules that allow for securing a loan to a water supply
corporation with a promissory note in lieu of requiring
the WSC to issue bonds and hiring a bond counsel or
financial advisor. |
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Last Action: |
9- 1-11 G Earliest
effective date
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SB 370
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Seliger
Ritter
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Relating to the authority
of the Texas Water Development Board to provide
financial assistance for certain projects if the
applicant has failed to complete a request for
information relevant to the project. |
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General Remarks: |
Chapters 15 and 16, Water
Code, are amended to prohibit the TWDB from providing
financial assistance when the applicant has failed to
complete a request for information about the project
from the executive administrator or a regional planning
group. |
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Last Action: |
6-17-11 G Earliest
effective date
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SB 449
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Watson
Ritter
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Relating to the appraisal
for ad valorem tax purposes of open-space land devoted
to water stewardship purposes on the basis of its
productive capacity. |
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General Remarks: |
The Tax Code is amended to
authorize the appraisal of open-space land on the basis
of its productive capacity for water stewardship.
Practices that may be implemented to promote and sustain
water quality and conservation of water resources are
designated. The TPWD, with the assistance of the
Comptroller, is required to develop qualifying
standards. See SJR 16 for the corresponding
constitutional amendment. |
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Last Action: |
1- 1-12 G Earliest
effective date
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SB 512
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Hegar
Creighton
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Relating to the
qualification of supervisors of a fresh water supply
district. |
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General Remarks: |
Chapter 53, Water Code, is
amended. Under current law only the owner of taxable
property in a fresh water supply district is eligible
for election as a supervisor. Under this amendment a
registered voter of the district would also be eligible.
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Last Action: |
9- 1-11 G Earliest
effective date
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SB 573
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Nichols
Creighton
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Relating to certificates
of public convenience and necessity for water or sewer
services. |
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General Remarks: |
Chapter 13, Water Code, is
amended to establish procedures for the TCEQ to issue a
CCN to a retail public utility within the ETJ of a
municipality without the municipality's consent; to
prohibit the TCEQ from issuing a CCN to a municipality
beyond the municipality's ETJ over the objections of a
landowner; and to require the TCEQ to grant a petition
by the owner of a tract of 25 acres or more to release
the tract from a CCN area when the tract is not
receiving water or sewer service.The TCEQ may require
compensation to the decertified retail public utility.
Each of the provisions are bracketed to include or
exclude certain counties. |
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Last Action: |
9- 1-11 G Earliest
effective date
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SB 660
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Hinojosa
Ritter
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Relating to the review
and functions of the Texas Water Development Board,
including the functions of the board in connection with
the process for establishing and appealing desired
future conditions in a groundwater area |
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General Remarks: |
This is the comprehensive
TWDB sunset bill. The provisions of HB1732, relating to
the agency's bonding authority, and SB181, relating to a
uniform, consistent method for calculating and reporting
water use and water conservation, are incorporated. The
bill also amends Chapter 36, Water Code, to define
"desired future condition", to codify criteria districts
must consider in establishing DFCs, and to establish
procedural requirements for the DFC process. Appeals to
the TWDB and the TCEQ are further clarified. Changes to
the DFC process generally include recommendations of the
TWCA Groundwater Committee. |
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Last Action: |
9- 1-11 G Earliest
effective date
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SB 691
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Estes
King, Tracy
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Relating to the exemption
from permitting by groundwater conservation districts
for certain water wells used for domestic, livestock,
and poultry watering purposes. |
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General Remarks: |
Chapter 36, Water Code, is
amended to make grammatical changes to the language
prohibiting a groundwater district from requiring a
permit for a well used for domestic or livestock
purposes if the well is located on a tract larger than
10 acres and incapable of producing more than 25,000
gallons per day. This legislation was recommended by
TWCA's Groundwater Committee. |
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Last Action: |
9- 1-11 G Earliest
effective date
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General Remarks: |
Chapter 36, Water Code, is
amended to clarify that exemptions from permitting apply
to the purpose for which groundwater is used, and not to
the well itself. This legislation was recommended by
TWCA's Groundwater Committee. |
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Last Action: |
5- 9-11 G Earliest
effective date
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SB 693
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Estes
Price
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Relating to permit
application and amendment hearings conducted by
groundwater conservation districts and the State Office
of Administrative Hearings. |
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General Remarks: |
Chapter 36, Water Code, is
amended to require a groundwater district to contract
with the State Office of Administrative Hearings (SOAH)
to conduct a contested case hearing if requested by the
permit applicant or other party to the case provided
that the party requesting that SOAH conduct the hearing
pay all costs of the SOAH contract. The district may
still make a final decision on the matter after
considering the SOAH recommendations. This legislation
was recommended by TWCA's Groundwater Committee.
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Last Action: |
5-12-11 G Earliest
effective date
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General Remarks: |
Chapter 36, Water Code, is
amended to make all references to groundwater
conservation district management plans consistent. This
legislation was recommended by TWCA's Groundwater
Committee. |
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Last Action: |
4-29-11 G Earliest
effective date
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SB 737
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Hegar
Price
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Relating to the
management of groundwater production by groundwater
conservation districts. |
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General Remarks: |
Chapter 36, Water Code, is
amended to change the term "managed available
groundwater" to "modeled available groundwater" and to
address how a district may consider actual groundwater
production, including exempt use, in making permitting
decisions. This legislation was recommended by TWCA's
Groundwater Committee. |
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Last Action: |
9- 1-11 G Earliest
effective date
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SB 1140
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Watson
Hartnett
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Relating to payment by a
water control and improvement district for certain
damages caused by the district's operation of a sanitary
sewer system. |
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General Remarks: |
Chapter 51, Water Code, is amended to authorize a
water control and improvement district to pay actual
property damages caused by the backup of the district's
sanitary sewer system.
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Last Action: |
5-28-11 G Earliest
effective date
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SB 1480
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Hegar
Darby
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Relating to the
regulation of exotic aquatic species by the Parks and
Wildlife Department. |
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General Remarks: |
Chapter 66, Parks and
Wildlife Code, is amended to restructure and strengthen
TPWD's authority to regulate harmful or potentially
harmful exotic aquatic plants not normally found in the
public waters of the State. The TPWD is required to
develop rules to implement this law. |
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Last Action: |
6-17-11 G Earliest
effective date
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SJR 4
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Hinojosa
Ritter
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Proposing a
constitutional amendment providing for the issuance of
additional general obligation bonds by the Texas Water
Development Board. |
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General Remarks: |
An amendment to the Texas
Constitution is proposed to authorize the TWDB to issue
certain development fund bonds on a continuing basis
such that the aggregate principal amount oustanding does
not exceed $6 billion at any one time. Also see HB1732.
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Last Action: |
11- 8-11 G Election date
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SJR 16
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Estes
Ritter
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Proposing a
constitutional amendment providing for the appraisal for
ad valorem tax purposes of open-space land devoted to
water stewardship purposes on the basis of its
productive capacity. |
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General Remarks: |
A constitutional amendment
is proposed to support the appraisal of open-space land
on the basis of its productive capacity for water
stewardship. See SB449. |
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Last Action: |
11- 8-11 G Election date
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All
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Track
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Total Bills:
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28 |
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0 |
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- End of Report -
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