C.S.H.B. 2663 78(R)    BILL ANALYSIS


C.S.H.B. 2663
By: Puente
Natural Resources
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

In 1997, as a result of the passage of the omnibus water legislation known
as S.B. 1, Section 11.1272 was added to the Water Code to require
wholesale and retail public water suppliers and irrigation districts to
develop drought contingency plans consistent with the appropriate approved
regional water plan to be implemented during periods of water shortages
and drought. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Commission on Environmental Quality and the Texas
Water Development Board in SECTION 1 (Section 11.1272, Water Code) of this
bill. 

ANALYSIS

C.S.H.B. 2663 requires that all drought contingency plans required by
Texas Commission on Environmental Quality (TCEQ) rule must include
specific, quantified targets for water reductions to be achieved during
periods of water shortages and drought, with the entity preparing the plan
establishing those targets.   

C.S.H.B. 2663 also requires the TCEQ and Texas Water Development Board by
joint rule to identify quantified target goals (not enforceable
requirements) for drought contingency plans that wholesale and retail
public water suppliers, irrigation districts, and others may use as
guidelines in preparing drought contingency plans and jointly to develop
model drought contingency plans for different types of water suppliers. 

EFFECTIVE DATE

The Act takes effect upon passage, or if the Act does not receive the
necessary vote, the Act takes effect on September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2663 changes the date by which drought contingency plans must
have targets for water use reductions from January 1, 2005, to May 1,
2005.  Also, the substitute deletes the reference to "3year, 5-year, and
10-year" targets for water use reductions and instead requires only
"specific, quantified targets" for water use reductions.