BILL ANALYSIS

C.S.H.B. 4757

By: Orr

Culture, Recreation & Tourism

Committee Report (Substituted)

BACKGROUND AND PURPOSE

House District 13 is home to Fairfield Lake State Park, located in Freestone County. According to the Parks and Wildlife Department (TPWD), the park is one of the more popular state parks in Texas, welcoming more than 80,000 visitors a year. The park is treasured by both locals and park lovers from across the state, and is known for the array of activities it hosts, such as public hunting, horseback riding, swimming, paddling, fishing, camping, hiking and more. On February 13, 2023, TPWD received a termination notice of the state park lease, which triggered a 120-day notice to vacate the park. Lawmakers have received requests from thousands of Texans urging the legislature to do everything in its power to preserve Fairfield Lake State Park.

C.S.H.B. 4757 seeks to preserve the park by requiring approval from the Parks and Wildlife Commission before an applicable application for a new or amended water right authorizing an appropriation of water from Big Brown Creek or Fairfield Lake in the Trinity River basin of Freestone County may be approved by the Texas Commission on Environmental Quality.

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. 4757 amends the Water Code to prohibit the Texas Commission on Environmental Quality (TCEQ) from approving an application for a new or amended water right authorizing an appropriation of water from Big Brown Creek or Fairfield Lake in the Trinity River basin of Freestone County unless the application has first been approved by the Parks and Wildlife Commission and provides for the preservation of the historical public access to and uses and water levels of Fairfield Lake. The bill applies to a new or amended water right for which an application is pending before the TCEQ on the bill's effective date or that is filed on or after that date.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4757 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.

Both the introduced and the substitute provide for an application to appropriate water from Big Brown Creek or Fairfield Lake in the Trinity River basin of Freestone County to be approved by the commission, in addition to TCEQ approval. However, whereas the introduced did not specify the order of approval between the two agencies, the substitute requires the application to be first approved by the commission before TCEQ approval.

While the introduced included legislative findings expressing an interest in preserving and protecting state parks like Fairfield Lake, the substitute explicitly requires the application for appropriation to provide for the preservation of the historical public access to and uses and water levels of Fairfield Lake.

The substitute includes a provision absent in the introduced making the bill's provisions applicable to a new or amended water right for which an application is pending before the TCEQ on the bill's effective date or that is filed on or after that date.