BILL ANALYSIS

H.B. 5052

By: Gerdes

Natural Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Many people rely on groundwater wells that are exempt from groundwater conservation district permitting requirements. However, groundwater conservation districts are not currently required to consider if an applicant's proposed use of water will unreasonably affect those exempt wells when deciding whether to grant or deny a permit or permit amendment. H.B. 5052 seeks to address this by requiring groundwater districts to consider exempt wells when making such a permitting decision. 

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. 5052 amends the Water Code to include among the considerations a groundwater conservation district is required to make before granting or denying certain permits or permit amendments the consideration of whether the proposed use of water unreasonably affects wells that are exempt from the requirement to obtain a permit under statutory groundwater conservation district provisions or district rules.

EFFECTIVE DATE

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