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.