84R14430 JAM-D

By: Simpson H.B. No. 3744

A BILL TO BE ENTITLED

AN ACT

relating to a requirement that a geological survey be conducted before a location may be identified as a site of unique value for the construction of a reservoir or recommended for the construction of a reservoir or dam.

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

SECTION 1. Sections 16.051(e) and (g), Water Code, are amended to read as follows:

(e) On adoption the board shall deliver the state water plan to the governor, the lieutenant governor, and the speaker of the house of representatives and present the plan for review to the appropriate legislative committees. The plan shall include legislative recommendations that the board believes are needed and desirable to facilitate more voluntary water transfers. The plan shall identify river and stream segments of unique ecological value and sites of unique value for the construction of reservoirs that the board recommends for protection under this section. The plan may not recommend for protection under this section a site of unique value for the construction of a reservoir unless:

(1) a geological survey of the location of the reservoir site that identifies any geological conditions that may affect the safety of the reservoir or the dam for the reservoir has been conducted; and

(2) the geological survey conducted under Subdivision (1) indicates that there are no geological conditions that would make the reservoir or dam unsafe.

(g) The legislature may designate a site of unique value for the construction of a reservoir. A state agency or political subdivision of the state may not obtain a fee title or an easement that would significantly prevent the construction of a reservoir on a site designated by the legislature under this subsection. A location may not be designated a site of unique value for the construction of a reservoir under this subsection unless:

(1) a geological survey of the location of the reservoir site that identifies any geological conditions that may affect the safety of the reservoir or the dam for the reservoir has been conducted; and

(2) the geological survey conducted under Subdivision (1) indicates that there are no geological conditions that would make the reservoir or dam unsafe.

SECTION 2. Section 16.053, Water Code, is amended by adding Subsection (e-2) to read as follows:

(e-2) A regional water plan submitted to the development board may not identify a site of unique value for the construction of a reservoir or include a project that proposes the construction of a dam unless:

(1) a geological survey of the location of the reservoir site or proposed dam that identifies any geological conditions that may affect the safety of the reservoir or dam has been conducted on behalf of the regional water planning group; and

(2) the geological survey conducted under Subdivision (1) indicates that there are no geological conditions that would make the reservoir or dam unsafe.

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.