79R4033 QS-F

By:  Hamilton                                                     H.B. No. 2993



A BILL TO BE ENTITLED

AN ACT

relating to the generation of hydroelectric power by the Sabine 
River Authority in the Toledo Bend Reservoir.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 14, Chapter 110, Acts of the 51st 
Legislature, Regular Session, 1949 (Article 8280-133, Vernon's 
Texas Civil Statutes), is amended by amending Subsection (k) and 
adding Subsection (k-1) to read as follows:
	(k)  Except as provided by Subsection (k-1), the [The] 
district may provide for the control, storing and employment of 
said waters in the development and distribution of hydro-electric 
power, where such use may be economically co-ordinated with other 
and superior uses, and subordinated to the uses declared by law to 
be superior.
	(k-1)  The district may not control, store, or employ the 
waters of the Toledo Bend Reservoir to generate hydro-electric 
power if the mean sea level of the reservoir is below one hundred 
sixty-eight feet, unless:
		(1)  the Federal Energy Regulatory Commission or 
another federal agency orders or requires a reduction in the water 
level of the reservoir to inspect or repair the dam;
		(2)  the failure to use or sell the use of the waters of 
the reservoir to generate hydro-electric power will result in a 
supply of electric power that does not meet the demand of the firm 
or uninterruptible users of the power; or
		(3)  the failure to use the reservoir waters to 
generate hydro-electric power will result in the failure to satisfy 
minimum down-river flow requirements necessary to:
			(A)  meet water sales from the diversion canals of 
the Sabine River channel and diversion system; and
			(B)  deter saltwater encroachment.                                    
	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.