By Lewis of Orange H.B. No. 1742
76R5063 SMJ-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the dates by which regional and state water plans must
1-3 be adopted.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.134(c), Water Code, is amended to read
1-6 as follows:
1-7 (c) Beginning January 5, 2002 [September 1, 2001], the
1-8 commission may not issue a water right for municipal purposes in a
1-9 region that does not have an approved regional water plan in
1-10 accordance with Section 16.053(i) [of this code] unless the
1-11 commission determines that conditions warrant waiver of this
1-12 requirement.
1-13 SECTION 2. Section 16.051(a), Water Code, is amended to read
1-14 as follows:
1-15 (a) No later than January 5, 2002 [September 1, 2001], and
1-16 every five years thereafter, the board shall adopt a comprehensive
1-17 state water plan that incorporates the regional water plans
1-18 approved under Section 16.053 [of this code]. The state water plan
1-19 shall provide for the orderly development, management, and
1-20 conservation of water resources and preparation for and response to
1-21 drought conditions, in order that sufficient water will be
1-22 available at a reasonable cost to ensure public health, safety, and
1-23 welfare; further economic development; and protect the agricultural
1-24 and natural resources of the entire state.
2-1 SECTION 3. Sections 16.053(i) and (j), Water Code, are
2-2 amended to read as follows:
2-3 (i) The regional water planning groups shall submit their
2-4 adopted regional water plans to the board by January 5, 2001
2-5 [September 1, 2000], for approval and inclusion in the state water
2-6 plan. In conjunction with the submission of regional water plans,
2-7 each planning group should make legislative recommendations, if
2-8 any, to facilitate more voluntary water transfers in the region.
2-9 Subsequent regional water plans shall be submitted at least every
2-10 five years thereafter. Public participation for revised regional
2-11 plans shall follow the procedures under Subsection (h) [of this
2-12 section].
2-13 (j) The board may provide financial assistance to political
2-14 subdivisions under Subchapters E and F of this chapter, [and]
2-15 Subchapters C, D, E, F, and J, Chapter 15, and Subchapters D, I, K,
2-16 and L, Chapter 17, [of this code] for water supply projects only
2-17 if:
2-18 (1) the board determines that the needs to be
2-19 addressed by the project will be addressed in a manner that is
2-20 consistent with the state water plan; and
2-21 (2) beginning January 5, 2002 [September 1, 2001], the
2-22 board:
2-23 (A) has approved a regional water plan as
2-24 provided by Subsection (i) [of this section], and any required
2-25 updates of the plan, for the region of the state that includes the
2-26 area benefiting from the proposed project; and
2-27 (B) determines that the needs to be addressed by
3-1 the project will be addressed in a manner that is consistent with
3-2 that regional water plan.
3-3 SECTION 4. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended,
3-8 and that this Act take effect and be in force from and after its
3-9 passage, and it is so enacted.