81R2535 SMH-D
 
  By: Farabee H.B. No. 4206
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a requirement that an applicant for a permit to
  construct an electric generating facility demonstrate that a
  sufficient amount of water is available for use in connection with
  the operation of the facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 382.0518, Health and Safety Code, is
  amended by adding Subsection (j) to read as follows:
         (j)  Notwithstanding Subsection (b), the commission may not
  grant a permit to construct an electric generating facility unless
  the applicant for the permit submits to the commission and the
  appropriate regional water planning group a study that demonstrates
  that a sufficient amount of water is available in the applicable
  regional water planning area for use in connection with the
  operation of the facility.
         SECTION 2.  The change in law made by this Act applies only
  to an application for a permit or permit amendment that is submitted
  to the Texas Commission on Environmental Quality on or after the
  effective date of this Act. An application for a permit or permit
  amendment that was submitted to the Texas Commission on
  Environmental Quality before the effective date of this Act is
  governed by the law in effect at the time the application was filed,
  and the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2009.