SRC-TAG S.B. 1843 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1843
78R4621 QS-FBy: Staples
Natural Resources
4/4/2003
As Filed


DIGEST AND PURPOSE 

Current law lacks clarifying language concerning the ability of the Texas
Commission on Environmental Quality to issue permits for application for
instream flow permits.  As proposed, S.B. 1843 amends the Water Code to
prohibit state water from being appropriated or diverted simply for the
preservation of flows and requires the Texas Commission on Environmental
Quality to return any application and related application fees, if the
application does not propose to beneficially use state water.  

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.  Sets forth legislative findings and legislative purpose.

SECTION 2.  Amends Section 11.023, Water Code, by amending Subsections (a)
and (b) and adding Subsection (g), as follows:  

(a)  Authorizes state water to be appropriated for storage, or diversion
for certain uses. Makes nonsubstantive changes.  

 (b)  Makes conforming changes.

(g)  Prohibits state water from being appropriated for diversion to
sustain flows at or below the diversion point in a manner that could be
achieved by the imposition of permit conditions. 

SECTION 3.  Amends Section 11.131, Water Code, by amending Subsection (b)
and adding Subsection (c), as follows: 

(b)  Authorizes the Texas Commission on Environmental Quality (TCEQ), if
it denies an application under Subsection (a), rather than under this
section, to order any part of the fee submitted with the application
returned to the applicant.  Makes nonsubstantive changes.  

(c)  Requires TCEQ to deny an application and return all fees if the
application does not propose to beneficially use state water by the
storage, taking, or diversion of the water.  

SECTION 4.  (a)  Effective date: upon passage or September 1, 2003.

(b)  Provides that the change in law made by this Act applies to an
application for a permit to use state water that is filed by TCEQ on or
after the effective date of this Act or that is pending with TCEQ on the
effective date of this Act.