84R21865 SLB-D
 
  By: Phillips H.B. No. 1919
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the applicability of certain provisions concerning
  invasive species.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 66.007, Parks and Wildlife Code, is
  amended by adding Subsection (n) to read as follows:
         (n)  A water transfer described by this subsection is not a
  violation of this section. The department may not require a permit
  under this section for a water transfer described by this
  subsection. This subsection applies to a water transfer that meets
  the following criteria:
               (1)  the transfer is through a water supply system,
  including a related water conveyance, storage, or distribution
  facility;
               (2)  the transfer is undertaken by a utility owned by a
  political subdivision, including a water district or municipality;
  and
               (3)  the transfer is described by one or more of the
  following:
                     (A)  a transfer from a water body in which there is
  no known exotic harmful or potentially harmful fish or shellfish
  population;
                     (B)  a transfer of water into a water body in which
  there is a known exotic harmful or potentially harmful fish or
  shellfish population; 
                     (C)  a transfer of water directly to a water
  treatment facility; 
                     (D)  a transfer of water that has been treated
  prior to the transfer into a water body; or
                     (E)  a transfer of water from a reservoir or
  through a dam to address flood control or to meet water supply
  requirements or environmental flow purposes.
         SECTION 2.  Section 66.0072, Parks and Wildlife Code, is
  amended by adding Subsection (g) to read as follows:
         (g)  A water transfer described by this subsection is not a
  violation of this section. The department may not require a permit
  under this section for a water transfer described by this
  subsection. This subsection applies to a water transfer that meets
  the following criteria:
               (1)  the transfer is through a water supply system,
  including a related water conveyance, storage, or distribution
  facility;
               (2)  the transfer is undertaken by a utility owned by a
  political subdivision, including a water district or municipality;
  and
               (3)  the transfer is described by one or more of the
  following:
                     (A)  a transfer from a water body in which there is
  no known exotic harmful or potentially harmful aquatic plant
  population;
                     (B)  a transfer of water into a water body in which
  there is a known exotic harmful or potentially harmful aquatic
  plant population; 
                     (C)  a transfer of water directly to a water
  treatment facility; 
                     (D)  a transfer of water that has been treated
  prior to the transfer into a water body; or
                     (E)  a transfer of water from a reservoir or
  through a dam to address flood control or to meet water supply
  requirements or environmental flow purposes.
         SECTION 3.  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, 2015.