BILL ANALYSIS

 

 

Senate Research Center

H.B. 677

83R4389 JAM-F

By: Geren et al. (Eltife)

 

Administration

 

5/17/2013

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law exempts certain owners from costly dam safety regulatory requirements.  To qualify for this exemption a dam must have a hazard classification of low or significant, impound less than 500 acre-feet of water, and be located outside of the corporate limits of a municipality in a county with a population of less than 215,000.  These dams still must meet Texas Commission on Environmental Quality operation and maintenance requirements.  H.B. 677 changes the county population threshold to 350,000.

 

H.B. 677 amends current law relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 12.052(e-1), Water Code, as follows:

 

(e-1) Requires the Texas Commission on Environmental Quality to exempt an owner of a dam located on private property from meeting requirements related to dam safety if the dam:

 

(1)  at maximum capacity impounds less than 500 acre-feet;

 

(2)  has a hazard classification of low or significant;

 

(3)  is located in a county with a population of less than 350,000, rather than with a population of less than 215,000; and

 

(4)  is not located inside the corporate limits of a municipality.

 

SECTION 2.  Repealer: Section 12.052(e-3) (relating to providing that Subsections (e-1) and (e-2) expire August 31, 2015), Water Code.

 

SECTION 3.  Effective date: September 1, 2013.