BILL ANALYSIS

H.B. 3278

By: Price

Natural Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Texas Water Conservation Association's groundwater committee is a diverse group of stakeholders that includes groundwater districts, water utilities, and individuals interested in groundwater issues. During the committee process, an issue was raised relating to groundwater management area joint planning and providing notice relating to the adoption of desired future conditions, including in a potential situation where a management area may adopt desired future conditions that are different from what was proposed for public comment in the area's individual districts.

H.B. 3278 seeks to ensure sufficient opportunity for stakeholders to digest and respond to potential revisions before the adoption of desired future conditions by revising procedures relating to the compilation, submission, and accessibility of information by a groundwater conservation district after the close of a public comment period on proposed desired future conditions.

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. 3278 amends the Water Code to revise certain procedures for joint planning of desired future conditions in a groundwater management area. The bill expands the information that a groundwater conservation district must compile after the close of the period for public comment on proposed desired future conditions and submit to the representatives of the other districts in the management area for consideration at the next joint planning meeting to include any supporting materials, including new or revised groundwater availability model run results. The bill requires such information to be made available on a generally accessible website maintained on behalf of the management area for not less than 30 days. The bill requires the next joint planning meeting to occur after the required information has been made available on the website for that 30-day period and specifies that the purposes of the meeting include receiving public comments. The bill clarifies that the requirement for the management area's explanatory report to discuss reasons why relevant public comments received by the districts were or were not incorporated into the desired future conditions applies to comments received during the public comment period or at the joint planning meeting. The bill applies only to the proposal and adoption of a desired future condition that occurs on or after the bill's effective date.

EFFECTIVE DATE

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