87R18970 MP-F
 
  By: King of Uvalde H.B. No. 2716
 
  Substitute the following for H.B. No. 2716:
 
  By:  Bowers C.S.H.B. No. 2716
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to recommendations made by the Parks and Wildlife
  Department and intervention by the Parks and Wildlife Department in
  matters regarding certain permits.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.024, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 12.024.  WATER PERMIT RESPONSIBILITIES. (a) The Texas
  Commission on Environmental Quality [Department of Water
  Resources] shall furnish to the department a copy of all permit
  applications to store, take, or divert water.
         (b)  The department shall make recommendations to the Texas
  Commission on Environmental Quality and the Texas [Department of]
  Water Development Board [Resources] to protect fish and wildlife
  resources, including permit conditions, mitigation, and schedules
  of flow or releases. In a proceeding for an individual water right
  governed by environmental flow standards, the department may not
  make a recommendation for a schedule of flow or releases that is in
  conflict with the applicable standards.
         (c)  Notwithstanding Section 5.115(b), Water Code, the [The]
  department:
               (1)  shall be, on its request, granted a hearing or made
  a full party in any hearing on an application for a permit to store,
  take, or divert water that is subject to notice and opportunity for
  hearing; and
               (2)  may request a hearing and full party status on a
  permit or authorization under review by the Texas Commission on
  Environmental Quality that:
                     (A)  is subject to notice and opportunity for
  hearing; and
                     (B)  may adversely affect property or fish and
  wildlife resources managed by the department.
         SECTION 2.  Section 5.115(b), Water Code, is amended to read
  as follows:
         (b)  At the time an application for a permit or license under
  this code is filed with the executive director and is
  administratively complete, the commission shall give notice of the
  application to any person who may be affected by the granting of the
  permit or license. A state agency that receives notice under this
  subsection may submit comments to the commission in response to the
  notice but, except as expressly authorized by other law, may not
  contest the issuance of a permit or license by the commission. For
  the purposes of this subsection, "state agency" does not include a
  river authority.
         SECTION 3.  This Act takes effect September 1, 2021.