SRC-MWN H.B. 247 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 247
By: Turner, Bob (Wentworth)
Natural Resources
5/7/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, a person is authorized to construct a dam or reservoir
on that person's property if the dam has normal storage of not more than
200 acre-feet of water and is for domestic and livestock purposes. By
allowing individuals access to the water impounded by the dam for hunting
and fishing, rural property owners could obtain revenue. H.B. 247
authorizes property owners to impound water without a permit for commercial
or noncommercial wildlife management.  

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 11.142(a), Water Code, to authorize a person,
without obtaining a permit, to construct on the person's property a dam or
reservoir with normal storage of not more than 200 acre-feet of water for
commercial or noncommercial wildlife management including fishing, but not
including fish farming if certain conditions are met. Makes a conforming
change. 

SECTION 2. Amends Section 11.143(a), Water Code, to require the owner of a
dam or reservoir exempted under Section 11.142(a), rather than 11.142 of
this code, who desires to use water from the dam or reservoir for a purpose
not described by that subsection to obtain a permit to do so. Deletes text
regarding purposes of domestic or livestock use. Authorizes the owner to
obtain a certain permit for a term of years. Makes a conforming change. 

SECTION 3. Amends the heading to Section 11.143, Water Code, to read as
follows: 

Sec. 11.143. USE OF WATER FROM EXEMPT DAM OR RESERVOIR FOR NONEXEMPT
PURPOSES. 

SECTION 4. Effective date: upon passage or September 1, 2001.