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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulatory authority over certain water bodies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 11, Water Code, is amended |
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by adding Section 11.1274 to read as follows: |
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Sec. 11.1274. ADDITIONAL REQUIREMENT: APPROVAL OF |
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APPROPRIATION FROM CERTAIN WATER BODIES. (a) The commission may |
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not approve an application for a new or amended water right |
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authorizing an appropriation of water from Big Brown Creek or |
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Fairfield Lake in the Trinity River basin of Freestone County |
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unless the application: |
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(1) has first been approved by the Parks and Wildlife |
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Commission; and |
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(2) provides for the preservation of the historical |
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public access to and uses, water levels, and water quality of |
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Fairfield Lake. |
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(b) Notwithstanding any other law, on request of the Parks |
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and Wildlife Commission, the commission: |
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(1) shall assume complete regulatory authority over |
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Big Brown Creek and Fairfield Lake in the Trinity River basin of |
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Freestone County; and |
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(2) may seek injunctive relief to provide for the |
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preservation of the historical public access to and uses, water |
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levels, and water quality of Fairfield Lake. |
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SECTION 2. The change in law made by this Act applies to a |
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new or amended water right for which an application is pending |
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before the Texas Commission on Environmental Quality on the |
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effective date of this Act or is filed with the commission on or |
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after that date. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |