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Suspending limitations on conference committee
jurisdiction, S.B. No. 1639
By: Staples S.R. No. 1021
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 78th
Legislature, Regular Session, 2003, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
Senate Bill No. 1639, relating to regulation of spacing and
production of groundwater from aquifers by a groundwater
district, to consider and take action on the following matter:
Senate Rule 12.03(4) is suspended to permit the committee
to add new sections to the bill to read as follows:
SECTION 2. Subchapter B, Chapter 11, Water Code, is
amended by adding Sections 11.0235, 11.0236, and 11.0237 to read
as follows:
Sec. 11.0235. POLICY REGARDING WATERS OF THE STATE.
(a) The waters of the state are held in trust for the public, and
the right to use state water may be appropriated only as
expressly authorized by law.
(b) Maintaining the biological soundness of the state's
rivers, lakes, bays, and estuaries is of great importance to the
public's economic health and general well-being.
(c) The legislature has expressly required the
commission while balancing all other interests to consider and
provide for the freshwater inflows necessary to maintain the
viability of the state's bay and estuary systems in the
commission's regular granting of permits for the use of state
waters.
(d) The legislature has not expressly authorized
granting water rights exclusively for:
(1) instream flows dedicated to environmental needs
or inflows to the state's bay and estuary systems; or
(2) other similar beneficial uses.
(e) The fact that greater pressures and demands are being
placed on the water resources of the state makes it of paramount
importance to reexamine the process for ensuring that these
important priorities are effectively addressed in clear
delegations of authority to the commission.
Sec. 11.0236. STUDY COMMISSION ON WATER FOR
ENVIRONMENTAL FLOWS. (a) In recognition of the importance that
the ecological soundness 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 for Environmental Flows.
(b) The study commission is composed of 15 members as
follows:
(1) two members appointed by the governor;
(2) five members appointed by the lieutenant
governor;
(3) five members appointed by the speaker of the
house of representatives;
(4) the presiding officer of the commission or the
presiding officer's designee;
(5) the chairman of the board or the chairman's
designee; and
(6) the presiding officer of the Parks and Wildlife
Commission or the presiding officer's designee.
(c) Of the members appointed under Subsection (b)(2):
(1) one member must represent a river authority or
municipal water supply agency or authority;
(2) one member must represent an entity that is
distinguished by its efforts in resource protection; and
(3) three members must be members of the senate.
(d) Of the members appointed under Subsection (b)(3):
(1) one member must represent a river authority or
municipal water supply agency or authority;
(2) one member must represent an entity that is
distinguished by its efforts in resource protection; and
(3) three members must be members of the house of
representatives.
(e) Each appointed member of the study commission serves
at the will of the person who appointed the member.
(f) The appointed senator with the most seniority and the
appointed house member with the most seniority serve together as
co-presiding officers of the study commission.
(g) 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.
(h) The study commission may accept gifts and grants from
any source to be used to carry out a function of the study
commission.
(i) The commission shall provide staff support for the
study commission.
(j) The study commission shall conduct public hearings
and study public policy implications for balancing the demands on
the water resources of the state resulting from a growing
population with the requirements of the riverine, bay, and
estuary systems including granting permits for instream flows
dedicated to environmental needs or bay and estuary inflows, use
of the Texas Water Trust, and any other issues that the study
commission determines have importance and relevance to the
protection of environmental flows. In evaluating the options for
providing adequate environmental flows, the study commission
shall take notice of the strong public policy imperative that
exists in this state recognizing that environmental flows are
important to the biological health of our parks, game preserves,
and bay and estuary systems and are high priorities in the
permitting process. The study commission shall specifically
address ways that the ecological soundness of these systems will
be ensured in the water allocation process.
(k) The study commission:
(1) shall appoint an advisory scientific committee
that will:
(A) serve as impartial scientific advisors and
reviewers for the study commission; and
(B) have a membership of no fewer than five and
no more than nine total members chosen by the study commission to
represent a variety of areas of relevant technical expertise;
(2) may appoint additional advisory committees to
assist the study commission; and
(3) may draft proposed legislation to modify
existing water-rights permitting statutes.
(l) 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.
(m) The study commission shall promptly deliver copies of
the report to the governor, lieutenant governor, and speaker of
the house of representatives.
(n) The study commission shall adopt rules to administer
this section.
(o) The study commission is abolished and this section
expires September 1, 2005.
Sec. 11.0237. WATER RIGHTS FOR INSTREAM FLOWS DEDICATED
TO ENVIRONMENTAL NEEDS OR BAY AND ESTUARY INFLOWS. (a) The
commission may not issue a new permit for instream flows
dedicated to environmental needs or bay and estuary inflows.
This section does not prohibit the commission from issuing an
amendment to an existing permit or certificate of adjudication to
change the use to or add a use for instream flows dedicated to
environmental needs or bay and estuary inflows.
(b) This section does not alter the commission's
obligations under Section 11.042(b), 11.046(b),
11.085(k)(2)(F), 11.134(b)(3)(D), 11.147, 11.1491, 16.058, or
16.059.
(c) This section expires September 1, 2005.
SECTION 3. Subsections (d) and (e), Section 11.147,
Water Code, are amended to read as follows:
(d) In its consideration of an application to store,
take, or divert water, the commission shall include in the
permit, to the extent practicable when considering all public
interests, those conditions considered by the commission
necessary to maintain [consider the effect, if any, of the
issuance of the permit on] existing instream uses and water
quality of the stream or river to which the application applies.
(e) The commission shall include in the permit, to the
extent practicable when considering all public interests, those
conditions considered by the commission necessary to maintain
[also consider the effect, if any, of the issuance of the permit
on] fish and wildlife habitats.
Explanation: This added text is necessary in order to provide
for permitting of water rights for instream flows.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on June 1, 2003, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate