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A BILL TO BE ENTITLED
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AN ACT
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relating to recommendations made by the Parks and Wildlife |
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Department and intervention by the Parks and Wildlife Department in |
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matters regarding certain permits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.024, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 12.024. WATER PERMIT RESPONSIBILITIES. (a) The Texas |
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Commission on Environmental Quality [Department of Water |
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Resources] shall furnish to the department a copy of all permit |
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applications to store, take, or divert water. |
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(b) The department shall make recommendations to the Texas |
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Commission on Environmental Quality and the Texas [Department of] |
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Water Development Board [Resources] to protect fish and wildlife |
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resources, including permit conditions, mitigation, and schedules |
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of flow or releases. In a proceeding for an individual water right |
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governed by environmental flow standards, the department may not |
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make a recommendation for a schedule of flow or releases that is in |
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conflict with the applicable standards. |
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(c) Notwithstanding Section 5.115(b), Water Code, the [The] |
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department: |
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(1) shall be, on its request, granted a hearing or made |
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a full party in any hearing on an application for a permit to store, |
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take, or divert water that is subject to notice and opportunity for |
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hearing; and |
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(2) may request a hearing and full party status on a |
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permit or authorization under review by the Texas Commission on |
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Environmental Quality that: |
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(A) is subject to notice and opportunity for |
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hearing; and |
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(B) may adversely affect property or fish and |
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wildlife resources managed by the department. |
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SECTION 2. Section 5.115(b), Water Code, is amended to read |
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as follows: |
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(b) At the time an application for a permit or license under |
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this code is filed with the executive director and is |
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administratively complete, the commission shall give notice of the |
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application to any person who may be affected by the granting of the |
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permit or license. A state agency that receives notice under this |
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subsection may submit comments to the commission in response to the |
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notice but, except as expressly authorized by other law, may not |
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contest the issuance of a permit or license by the commission. For |
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the purposes of this subsection, "state agency" does not include a |
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river authority. |
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SECTION 3. This Act takes effect September 1, 2021. |