83R7095 JXC-F

By: Schaefer H.B. No. 1776

A BILL TO BE ENTITLED

AN ACT

relating to the definition of "drought" for the purposes of emergency orders concerning water rights issued by the executive director of the Texas Commission on Environmental Quality.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 11.053, Water Code, is amended by amending Subsections (a) and (c) and adding Subsection (c-1) to read as follows:

(a) During a period of drought or other emergency shortage of water, [as defined by commission rule,] the executive director by order may, in accordance with the priority of water rights established by Section 11.027:

(1) temporarily suspend the right of any person who holds a water right to use the water; and

(2) temporarily adjust the diversions of water by water rights holders.

(c) The commission shall adopt rules to implement this section, including rules:

(1) defining an [a drought or other] emergency shortage of water for purposes of this section; and

(2) specifying the:

(A) conditions under which the executive director may issue an order under this section;

(B) terms of an order issued under this section, including the maximum duration of a temporary suspension or adjustment under this section; and

(C) procedures for notice of, an opportunity for a hearing on, and the appeal to the commission of an order issued under this section.

(c-1) For the purposes of this section, "drought" means a drought classified as "exceptional" or "D4" by the National Drought Mitigation Center in accordance with the center's Drought Severity Classification scheme.

SECTION 2. This Act takes effect September 1, 2013.