BILL ANALYSIS

C.S.H.B. 2332

By: Orr

Culture, Recreation & Tourism

Committee Report (Substituted)

BACKGROUND AND PURPOSE

House District 13 is home to Fairfield Lake State Park, located in Freestone County. This treasured park is among the most-visited state parks in Texas, welcoming more than 80,000 visitors a year, according to data provided in the 2023 KXAN-Austin news report, "What is the least-visited state park in Texas? Here's the top 10 countdown." The park is a favorite destination not only for local residents but also for park lovers across the state and it is well-known for the array of activities it hosts, such as public hunting, horseback riding, swimming, paddling, fishing, camping, hiking, and more. On February 13, 2023, the Texas Parks and Wildlife Department received a termination notice of the state park lease, which triggered a 120-day notice to vacate the park. Lawmakers have received requests from thousands of Texans urging the legislature to do everything in its power to preserve Fairfield Lake State Park.

C.S.H.B. 2332 seeks to preserve the park by granting the Parks and Wildlife Commission more control over the preservation of park land with a provision requiring approval from the commission before an applicable application for a new or amended water right authorizing an appropriation of water from Big Brown Creek or Fairfield Lake in the Trinity River basin of Freestone County may be approved by 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

C.S.H.B. 2332 amends the Water Code to prohibit the Texas Commission on Environmental Quality (TCEQ) from approving an application for a new or amended water right authorizing an appropriation of water from Big Brown Creek or Fairfield Lake in the Trinity River basin of Freestone County unless the application has been approved by the Parks and Wildlife Commission. The bill applies to a new or amended water right for which an application is pending before the TCEQ on the bill's effective date or is filed with the TCEQ on or after that date.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 2332 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute does not include the provision in the introduced that granted the Parks and Wildlife Department the power of eminent domain to acquire any property necessary to preserve the park, including the acquisition of specified acreage.

The substitute's only provision, which was not in the introduced, requires instead that an application for a new or amended water right pending before the TCEQ on the bill's effective date or that is filed with the TCEQ on or after that date be approved by the Parks and Wildlife Commission before an appropriation of water from Big Brown Creek or Fairfield Lake in the Trinity River basin of Freestone County may be approved by the TCEQ.