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79R4609 SMH-F


By:  Puente                                                       H.B. No. 2431



A BILL TO BE ENTITLED

AN ACT

relating to amendments to regional water plans.                               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 16.053(h), Water Code, is amended by 
adding Subdivisions (10) and (11) to read as follows:
		(10)  The regional water planning group may amend the 
regional water plan after the plan has been approved by the board.  
Subdivisions (1)-(9) apply to an amendment to the plan in the same 
manner as those subdivisions apply to the plan.
		(11)  This subdivision applies only to an amendment to 
a regional water plan approved by the board.  This subdivision does 
not apply to the adoption of a subsequent regional water plan for 
submission to the board as required by Subsection (i).  
Notwithstanding Subdivision (10) of this subsection, the regional 
water planning group may amend the plan in the manner provided by 
this subdivision if the executive administrator determines that the 
amendment qualifies for adoption in the manner provided by this 
subdivision before the regional water planning group votes on 
adoption of the amendment.  An amendment qualifies for adoption in 
the manner provided by this subdivision only if the amendment will 
not result in the overallocation of any existing or planned source 
of water, does not relate to a new reservoir, and will not have a 
significant effect on instream flows or freshwater inflows to bays 
and estuaries.  If the executive administrator determines that an 
amendment qualifies for adoption in the manner provided by this 
subdivision, the regional water planning group may adopt the 
amendment at a public meeting held in accordance with Chapter 551, 
Government Code.  The amendment must be placed on the agenda for the 
meeting, and notice of the meeting must be given in the manner 
provided by Chapter 551, Government Code, at least two weeks before 
the date the meeting is held.  The public must be provided an 
opportunity to comment on the amendment at the meeting.
	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, 2005.