BILL ANALYSIS

C.S.H.B. 585

By: Raymond

Natural Resources

Committee Report (Substituted)

BACKGROUND AND PURPOSE

As a result of Winter Storm Uri, many water treatment plants were taken off-line due to electrical outages, resulting in millions of Texans going without drinkable water. C.S.H.B. 585 seeks to improve water treatment facility reliability by requiring the Texas Commission on Environmental Quality (TCEQ) to conduct a study of potential methods for protecting water treatment facilities and wastewater treatment facilities from potential disruptions to providing water services.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 585 requires the Texas Commission on Environmental Quality (TCEQ) to conduct a study of potential methods for protecting public drinking water supply systems and wastewater treatment facilities regulated by the TCEQ from the following:

· electrical outages;

· catastrophic weather events;

· conduct that constitutes an offense under statutes protecting critical infrastructure facilities;

· the projected effects of climate change; and

· other potential disruptions to providing water service.

The bill also requires the TCEQ to consult with other state agencies or interested persons as needed to facilitate the creation of the study and submit a report on the results, recommendations, and possible actions to facilitate the protection of the facilities described by the bill, to the governor and the legislature not later than September 1, 2024.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 585 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Whereas the introduced required the TCEQ to create a plan to protect water treatment facilities from certain disruptions, the substitute requires the TCEQ to conduct a study of potential methods for protecting public drinking water supply systems and wastewater treatment facilities regulated by the TCEQ. The substitute revises a provision in the introduced regarding the threats the study is required to research by replacing terrorist attacks with conduct that constitutes an offense under statutes protecting critical infrastructure facilities. Whereas the introduced required the TCEQ to facilitate the creation of the plan and submit the plan to the governor and the legislature, the substitute requires the TCEQ to submit a report on the results, recommendations, and possible actions to the governor and the legislature.