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


Senate Research CenterH.B. 247
By: Turner, Bob (Wentworth)
Natural Resources
5/9/2001
Committee Report (Amended)


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, Water Code, as follows:

(a)  Authorizes 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 domestic and livestock purposes. Provides that a
person who temporarily stores more than 200 acre-feet of water in a dam or
reservoir described by this subsection is not required to obtain a permit
for the dam or reservoir if the person can demonstrate that the person has
not stored in the dam or reservoir more than 200 acre-feet of water on
average in any 12-month period. 

(b) Authorizes a person, without obtaining a permit, to construct on the
person's property in an unincorporated area 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. 

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.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. Amends Section 11.142, Water Code, by amending previously
proposed Subsection (a)  and adding new Subsection (b).