SRC-JLB S.B. 1738 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1738
78R7234 DRH-FBy: Van de Putte
Intergovernmental Relations
4/17/2003
As Filed


DIGEST AND PURPOSE 

The Edwards Aquifer is the primary source of potable water for citizens
living within Bexar County.  Current law allows permits issued for
development projects to be "grand-fathered" and exempted from new rules as
they are developed.  However, the law is silent on the issue of whether
permits can be transferred from one property owner to the next.  As
proposed, S.B. 1738 prevents the transfer of a permit issued by a
regulatory agency for a project to be constructed over the Edwards Aquifer
in Bexar County to a new property owner, unless all rules and regulations
in place at time of the transfer are the same as when the permit was first
issued. 

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 245.004, Local Government Code, as follows:
 
 Sec. 245.004.  EXEMPTIONS.  (a)  The subsection is created from existing
text. 
 
(b)  Provides that this chapter does not apply to permits of a regulatory
agency for property that is located in a county with a population of more
than one million for which the primary source of drinking water is an
underground aquifer.   

SECTION 2.  (a)  Effective date:  upon passage or September 1, 2003.
 
 (b)  Makes application of this Act prospective.