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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.