SRC-BWC, MWN S.B. 289 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 289
77R1100 MI-FBy: Armbrister
Natural Resources
1/31/2001
As Filed


DIGEST AND PURPOSE 

Currently, Texas law requires water quality management and watermaster fees
to be charged  to small hydroelectric facilities with a capacity of less
than five megawatts.  As proposed, S.B. 289 exempts small hydroelectric
facilities with a capacity of less than five megawatts from paying the
water quality management and watermaster fees. 

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 11.329, Water Code, by adding Subsection (g), to
prohibit the Texas Natural Resource and Conservation Commission
(commission) from assessing costs under this section against hydroelectric
rights of facilities of less than five megawatts. 

SECTION 2. Amends Section 11.404, Water Code, by amending Subsection (a),
to prohibit the court from assessing costs and expenses under this section
against hydroelectric rights of the facilities of less than five megawatts.
Makes a conforming change. 

SECTION 3. Amends Section 26.1035(h), Water Code, to prohibit irrigation
water rights and hydroelectric rights of facilities of less than five
megawatts from being subject to this assessment. 

SECTION 4. Effective date: September 1, 2001.