SRC-TJG H.B. 2184 78(R)    BILL ANALYSIS


Senate Research CenterH.B. 2184
By: Geren (Madla)
Natural Resources
5/21/2003
Engrossed

DIGEST AND PURPOSE 

Currently, there are no stipulations which prevent the Texas Commission on
Environmental Quality (TCEQ) from taking certain actions relating to a
written contract for the provision of water.  H.B. 2184 prohibits TCEQ
from amending, interpreting, impairing, or modifying a water contract.   

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 11.041, Water Code, by amending Subsection (a)
and adding Subsection (h), as follows: 

(a) Includes in the list of required items in a petition any person
entitled to receive or use water from certain sources is authorized to
present to the Texas Commission on Environmental Quality (TCEQ), the
statement that the petitioner has not entered into a contract with the
party owning or controlling the water supply. 

(h) Prohibits TCEQ from amending, interpreting, impairing, or modifying a
written contract for the provision of water for any purpose provided by
this chapter or Chapter 12 (Provisions Generally Applicable to Water
Rights) or 13 (Water Rates and Services). 

SECTION 2.  Amends Section 12.013, Water Code, by adding Subsection (i),
to prohibit TCEQ from amending, interpreting, impairing, or modifying a
written contract for the provision of water for any purpose provided by
Chapter 11 (Water Rights), this chapter, or 13 (Water Rates and Services). 

SECTION 3.  Amends Section 13.041, Water Code, by adding Subsection (h) to
prohibit TCEQ from amending, interpreting, impairing, or modifying a
written contract for the provision of water for any purpose provided by
Chapter 11 (Water Rights), or 12 (Provisions Generally Applicable to Water
Rights), or this chapter. 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date: upon passage or September 1, 2003.