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AN ACT
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relating to an application for a new or amended water right |
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submitted to the Texas Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 11.002(1) and (3), Water Code, are |
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amended to read as follows: |
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(1) "Commission" means the Texas [Natural Resource
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Conservation] Commission on Environmental Quality. |
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(3) "Executive director" means the executive director |
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of the Texas [Natural Resource Conservation] Commission on |
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Environmental Quality. |
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SECTION 2. Section 11.122, Water Code, is amended by adding |
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Subsections (b-1) and (b-2) to read as follows: |
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(b-1) A holder of a water right that begins using |
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desalinated seawater after acquiring the water right has a right to |
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expedited consideration of an application for an amendment to the |
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water right if the amendment: |
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(1) authorizes the applicant to divert water from a |
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diversion point that is different from or in addition to the point |
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or points from which the applicant was authorized to divert water |
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before the requested amendment; |
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(2) authorizes the applicant to divert from the |
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different or additional diversion point an amount of water that is |
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equal to or less than the amount of desalinated seawater used by the |
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applicant; |
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(3) authorizes the applicant to divert from all of the |
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diversion points authorized by the water right an amount of water |
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that is equal to or less than the amount of water the applicant was |
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authorized to divert under the water right before the requested |
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amendment; and |
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(4) does not authorize the water diverted from the |
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different or additional diversion point to be transferred to |
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another river basin. |
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(b-2) The executive director or the commission shall |
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prioritize the technical review of an application that is subject |
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to Subsection (b-1) over the technical review of applications that |
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are not subject to that subsection. |
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SECTION 3. Section 11.125(a), Water Code, is amended to |
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read as follows: |
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(a) The application must be accompanied by a map or plat in |
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the form and containing the information prescribed by the |
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commission [drawn on tracing linen on a scale not less than one inch
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equals 2,000 feet]. |
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SECTION 4. Section 11.128, Water Code, is amended to read as |
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follows: |
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Sec. 11.128. PAYMENT OF FEE. |
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The [If the] applicant [is not
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exempted from payment of the filing fee under Section 12.112 of this
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code, he] shall pay the filing fee prescribed by Section 5.701 |
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[5.701(c)] at the time [he files] the application is filed. The |
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commission may [shall] not record, file, or consider the |
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application until the executive director certifies to the |
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commission that the fee is paid. |
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SECTION 5. Section 11.134, Water Code, is amended by adding |
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Subsection (b-1) to read as follows: |
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(b-1) In determining whether an appropriation is |
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detrimental to the public welfare under Subsection (b)(3)(C), the |
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commission may consider only the factors that are within the |
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jurisdiction and expertise of the commission as established by this |
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chapter. |
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SECTION 6. Section 2003.047, Government Code, is amended by |
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amending Subsection (e-3) and adding Subsection (e-6) to read as |
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follows: |
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(e-3) The deadline specified by Subsection (e-2) or (e-6), |
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as applicable, may be extended: |
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(1) by agreement of the parties with the approval of |
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the administrative law judge; or |
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(2) by the administrative law judge if the judge |
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determines that failure to extend the deadline would unduly deprive |
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a party of due process or another constitutional right. |
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(e-6) For a matter pertaining to an application described by |
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Section 11.122(b-1), Water Code, the administrative law judge must |
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complete the proceeding and provide a proposal for decision to the |
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commission not later than the 270th day after the date the matter |
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was referred to the office. |
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SECTION 7. Sections 11.125(b) and (c), Water Code, are |
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repealed. |
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SECTION 8. The changes in law made by this Act apply only to |
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an application for a new or amended water right received by the |
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Texas Commission on Environmental Quality on or after the effective |
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date of this Act. An application received before the effective date |
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of this Act is governed by the law in effect on the date the |
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application was received, and the former law is continued in effect |
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for that purpose. |
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SECTION 9. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3735 was passed by the House on May |
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12, 2017, by the following vote: Yeas 138, Nays 5, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3735 on May 26, 2017, by the following vote: Yeas 143, Nays 2, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3735 was passed by the Senate, with |
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amendments, on May 24, 2017, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |