78R8999 LJR-F
By: Armbrister S.B. No. 1374
A BILL TO BE ENTITLED
AN ACT
relating to permitting of water rights for instream uses by the
Texas Commission on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 11, Water Code, is amended
by adding Sections 11.0235 and 11.0236 to read as follows:
Sec. 11.0235. STUDY COMMISSION ON WATER RIGHTS FOR INSTREAM
USES. (a) 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 there
is created the Study Commission on Water Rights for Instream Uses.
(b) The study commission is composed of nine members
appointed as follows:
(1) three members appointed by the lieutenant
governor;
(2) three members appointed by the speaker of the
house of representatives;
(3) the chairman of the Texas Commission on
Environmental Quality or the chairman's designee;
(4) the chairman of the Texas Water Development Board
or the chairman's designee; and
(5) the chairman of the Parks and Wildlife Department
or the chairman's designee.
(c) The lieutenant governor and the speaker of the house
each shall 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) Each appointed member of the study commission serves at
the will of the person who appointed the member.
(e) The appointed senator serves as chairman.
(f) 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) The study commission may accept gifts and grants from
any source to be used to carry out a function of the study
commission.
(h) The study commission shall 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. In evaluating the permitting of water rights for instream
uses, the study commission shall 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. The study commission shall
specifically address ways that the ecological vitality of these
systems will be ensured in the permitting process.
(i) The study commission may:
(1) appoint an advisory committee to assist the study
commission in studying a specific permitting issue; and
(2) draft proposed legislation to modify existing
water-rights permitting statutes.
(j) Not later than December 1, 2004, the study commission
shall issue a report summarizing:
(1) any hearings conducted by the study commission;
(2) any studies conducted by the study commission;
(3) any legislation proposed by the study commission;
and
(4) any other findings and recommendations of the
study commission.
(k) The study commission shall promptly deliver copies of
the report to the lieutenant governor and the speaker of the house.
(l) The study commission shall adopt rules to administer
this section.
(m) 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) The Texas Commission on Environmental
Quality may not permit water rights for instream uses until after
August 31, 2005.
(b) 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) This section expires September 1, 2005.
SECTION 2. The Texas Commission on Environmental Quality
shall provide staff support for the Study Commission on Water
Rights for Instream Uses created by this Act.
SECTION 3. Any permit applications pending on the effective
date of this Act shall be suspended until the moratorium on
permitting provided by Section 11.0236, Water Code, as added by
this Act, expires.
SECTION 4. 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.