BILL ANALYSIS

H.B. 3735

By: Frank

Natural Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that certain Water Code provisions relating to the water rights application process are out of date. H.B. 3735 seeks to address this issue by amending statutory provisions regarding an application for a new or amended water right submitted to the Texas Commission on Environmental Quality.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3735 repeals provisions of the Water Code relating to the content of the map or plat required to accompany an application for a new or amended water right and amends the Water Code to remove the requirement that such a map or plat be drawn in a certain form. The bill instead provides for such a map or plat in the form and containing the information prescribed by the Texas Commission on Environmental Quality (TCEQ). The bill limits the factors TCEQ may consider in determining whether an appropriation is detrimental to the public welfare with regard to granting an application for a new or amended water right to factors that are within the jurisdiction and expertise of TCEQ as established by certain water rights provisions.

H.B. 3735 repeals Sections 11.125(b) and (c), Water Code.

EFFECTIVE DATE

September 1, 2017.