SRC-JLB, LBB S.B. 1374 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1374
78R8999 LJR-FBy: Armbrister
Natural Resources
4/17/2003
As Filed


DIGEST AND PURPOSE 

The Texas Commission on Environmental Quality regulates the instream uses
of Texas surface waterbodies, bays, and estuaries.  As proposed, S.B. 1374
creates the Study Commission on Water Rights for Instream Uses in
recognition of the importance that the ecological vitality of riverine,
bay, and estuary systems and riparian lands has on the economy, health,
and well-being of the state.   
RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Study Commission on Water
Rights for Instream Uses in SECTION 1 (Section 11.0235, Water Code) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B,  Chapter 11, Water Code, by adding
Sections 11.0235 and 11.0236, as follows: 
 
Sec. 11.0235.  STUDY COMMISSION ON WATER RIGHTS FOR INSTREAM USES. (a)
Creates, in recognition of the importance that the ecological vitality of
our riverine, bay, and estuary systems and riparian lands has on the
economy, health, and well-being of the state, the Study Commission on
Water Rights for Instream Uses (study commission). 
 
  (b)  Provides that the study commission is composed of nine certain
members. 

(c)  Requires the lieutenant governor and the speaker of the house each to
appoint one individual who represents a river authority or municipal water
supply agency or authority, one individual who represents an entity that
is distinguished by its efforts in resource protection, and, respectively,
one senator and one member of the house of representatives. 
 
(d)  Provides that each appointed member of the study commission serves at
the will of the person who appointed the member. 
 
  (e)  Provides that the appointed senator serves as chairman.
 
(f)  Provides that a member of the study commission is not entitled to
receive compensation for service on the study commission but is entitled
to reimbursement of the travel expenses incurred by the member while
conducting the business of the study commission, as provided by the
General Appropriations Act. 
 
(g)  Authorizes the study commission to accept gifts and grants from any
source to be used to carry out a function of the study commission. 
 
(h)  Requires the study commission to conduct public hearings and study
public policy implications for granting permits for instream uses of
freshwater and any other issues that the commission determines have
importance to the permitting of instream uses of water.  Requires the
study commission, in evaluating the permitting of water rights for
instream uses, to take notice of the strong public  policy imperative that
exists in this state recognizing that instream uses are important to the
biological health of our parks, game preserves, and bays and estuary
systems and are high priorities in the permitting process.  Requires the
study commission to specifically address ways that the ecological vitality
of these systems will be ensured in the permitting process. 
 
  (i)  Authorizes the study commission to perform certain acts.

(j)  Requires the study commission, not later than December 1, 2004, to
issue a report summarizing certain events and information. 

(k)  Requires the study commission to promptly deliver copies of the
report to the lieutenant governor and the speaker of the house. 
 
  (l)  Requires the study commission to adopt rules to administer this
section. 
 
(m)  Provides that the study commission is abolished, and this section
expires June 1, 2005. 
 
Sec. 11.0236.  TEMPORARY MORATORIUM ON GRANTING WATER RIGHTS FOR INSTREAM
USES.  (a)  Prohibits the Texas Commission on Environmental Quality (TCEQ)
from permitting water rights for instream uses until after August 31,
2005. 
 
(b)  Provides that instream uses include water rights for purposes listed
in Sections 11.023(a)(6), (7), and (8), and Section 11.023(b), Water Code. 
 
  (c)  Provides that this section expires September 1, 2005.
 
SECTION 2.  Requires TCEQ to provide staff support for the study
commission created by this Act. 
 
SECTION 3.  Requires any permit applications pending on the effective date
of this Act to be suspended until the moratorium on permitting provided by
Section 11.0236, Water Code, as added by this Act, expires. 
 
SECTION 4.  Effective date:  upon passage or September 1, 2003.