Enrolled Bill Summary
Legislative Session: 89(2)
Senate Bill 18 | Effective: Vetoed |
Senate Author: Zaffirini et al. | Senate Committee: Finance |
House Sponsor: Gerdes et al. | House Committee: Disaster Preparedness & Flooding, Select |
Senate Bill 18 amends the Water Code to authorize a qualified local sponsor to do the following without obtaining a permit:
- construct or maintain on property owned or controlled by the sponsor a dam or reservoir with normal storage of not more than 200 acre-feet of water for the purposes of erosion, floodwater, and sediment control; and
- divert water from the dam or reservoir as needed in order to repair, maintain, or rehabilitate the impoundment and associated works of improvement so as to maintain the operational integrity and purpose of the dam or reservoir.
Governor's Reason for Veto: "On July 9, 2025, and August 15, 2025, I called special sessions in response to the tragic July 4th flooding. Both times, I designated legislation to 'improve early warning systems,' 'strengthen emergency communications,' and similar preparedness and response measures 'in flood-prone areas.' Senate Bill No. 18 does not concern emergency measures in areas like Kerrville. Instead, it exempts certain entities from the requirement to obtain a TCEQ permit to construct a dam or reservoir, duplicating a bill that failed to pass during the 89th Regular Session.
"The Texas Constitution provides that the Governor, when calling a special session, 'shall state specifically the purpose for which the Legislature is convened' in a proclamation. TEX. CONST. art. IV, § 8(a). It also provides that 'there shall be no legislation upon subjects other than those designated in the proclamation of the Governor calling such session.' Id. art. III, § 40. These provisions are 'clearly mandatory, and are limitations upon the authority of the legislature in special session.' Manor Casino v. State, 34 S.W. 769, 771 (Tex. Civ. App. 1896).
"Because any legislation 'not embraced in the proclamation' is 'passed in violation of the constitution, and is, therefore, void,' ibid., I hereby disapprove of this bill. A special session is not an open invitation to revive draft legislation that died during the regular. See Ex parte Wolters, 144 S.W. 531, 535-536 (Tex. Crim. App. 1911) (opinion of Davidson, P.J.); id. at 538 (opinion of Harper, J., concurring)."