BILL ANALYSIS

Senate Research Center	H.B. 4757
	By: Orr et al. (Perry)
	Water, Agriculture & Rural Affairs
	4/28/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

State parks are a treasure to Texas and provide entertainment and enjoyment for all residents. Many parks have lakes located on their land that are permitted with different uses.

H.B. 4757 requires specific oversight before a new or amendment application for a water permit is approved. This change will preserve the historical use and water quality of the lake.  

H.B. 4757 amends current law relating to the regulatory authority over certain water bodies.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter D, Chapter 11, Water Code, by adding Section 11.1274, as follows:

Sec. 11.1274. ADDITIONAL REQUIREMENT: APPROVAL OF APPROPRIATION FROM CERTAIN WATER BODIES. (a) Prohibits 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:

(1) has first been approved by the Texas Parks and Wildlife Commission (TPWC); and

(2) provides for the preservation of the historical public access to and uses, water levels, and water quality of Fairfield Lake.

(b) Provides that TCEQ, notwithstanding any other law, on request of TPWC:

(1) is required to assume complete regulatory authority over Big Brown Creek and Fairfield Lake in the Trinity River basin of Freestone County; and

(2) is authorized to seek injunctive relief to provide for the preservation of the historical public access to and uses, water levels, and water quality of Fairfield Lake.

SECTION 2. Provides that the change in law made by this Act applies to a new or amended water right for which an application is pending before TCEQ on the effective date of this Act or is filed with TCEQ on or after that date.

SECTION 3. Effective date: upon passage or September 1, 2023.