BILL ANALYSIS

Senate Research Center	H.B. 2460
88R5983 KBB-F	By: King, Tracy O. (Perry)
	Water, Agriculture & Rural Affairs
	5/2/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

A water availability model (WAM) is a computer-based simulation predicting the amount of water in a river or stream under certain conditions. WAMs are used to inform the Texas Commission on Environmental Quality's (TCEQ's) determination of whether surface water is available for a newly requested water right or amendment. WAMs for all major river basins were created in the late 1990s.

In 2019, H.B. 723 instructed TCEQ to update four WAMS for the Brazos, Neches, Red, and Rio Grande river basins.

[Note: While the statutory reference in this bill is to the Texas Natural Resource Conservation Commission (TNRCC), the following amendments affect the Texas Commission on Environmental Quality as the successor agency to TNRCC.]

H.B. 2460 amends current law relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 16.012, Water Code, by adding Subsection (h-2), as follows:

(h-2) Requires the Texas Natural Resource Conservation Commission (TNRCC), not later than December 1, 2026, to obtain or develop updated water availability models for the Guadalupe, Lavaca, Nueces, San Antonio, San Jacinto, and Trinity River basins. Authorizes TNRCC to collect data from all jurisdictions that allocate the waters of the rivers, including jurisdictions outside this state. Provides that this subsection expires September 1, 2027.

SECTION 2. Provides that the Texas Commission on Environmental Quality (TCEQ) is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. Authorizes, but does not require, TCEQ, if the legislature does not appropriate money specifically for that purpose, to implement a provision of this Act using other appropriations available for that purpose.

SECTION 3. Effective date: September 1, 2023.