78R8111 QS-D

By:  Capelo                                                       H.B. No. 3129



A BILL TO BE ENTITLED

AN ACT

relating to reductions in water releases to maintain beneficial 
inflows to bays and estuaries.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subchapter D, Chapter 11, Water Code, is amended 
by adding Section 11.1471 to read as follows:
	Sec. 11.1471.  REDUCTIONS IN WATER RELEASES FOR BENEFICIAL 
INFLOWS.  (a)  In this section, a release of water includes a spill, 
an inflow passage, an intentional release, and a return flow.
	(b)  If the commission includes in a permit to store, take, 
or divert water a target amount of water that must be released from 
a reservoir system each month to maintain beneficial inflows to an 
affected bay and estuary system, the required target amount shall 
be reduced as provided by this section.
	(c)  Each acre-foot of water released into the upper bay and 
related upper estuary system shall be credited against two 
acre–feet of water required to be released into the affected bay and 
estuary system.
	(d)  In response to drought conditions, the commission shall 
reduce the target amount of water that must be released by a 
percentage equal to the proportionate decrease in average annual 
rainfall over the preceding five years.
	SECTION 2.   This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.