BILL ANALYSIS

Senate Research Center	C.S.H.B. 2080
89R31477 ANG-F	By: Gerdes; Isaac (Perry)
	Water, Agriculture and Rural Affairs
	5/22/2025
	Committee Report (Substituted)

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Existing law authorizes the Texas Commission on Environmental Quality (TCEQ) to review petitions for inquiries relating to a certain actions taken by a groundwater conservation district (GCD) by appointment of a review panel. H.B. 2080 is intended to improve that petition and review process by clarifying certain procedural issues relating to the review panels, namely:

(1) the provision of technical and legal assistance to the review panel by TCEQ;

(2) reimbursement of out-of-pocket expenses for panel members;

(3) the legal nature of the review panel; and

(4) the applicability of open government requirements to the records and meetings of the review panel.

The committee substitute expands the authority of the review panels to review GCD restrictions imposed on previously permitted wells that produce water used for a purpose permitted by TCEQ.

(Original Author's/Sponsor's Statement of Intent)

C.S.H.B. 2080 amends current law relating to the authority of a groundwater conservation district to regulate groundwater withdrawals from certain wells and the review of the duties of a groundwater conservation district by the Texas Commission on Environmental Quality.

[Note: While the statutory reference in this bill is to the Texas Natural Resource Conservation Commission (TNRCC), the following amendments affect the Texas Commission on Environmental Quality (TCEQ), as the successor agency to TNRCC.]

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 36, Water Code, by adding Section 36.125, as follows:

Sec. 36.125. PROHIBITION ON CERTAIN RESTRICTIONS. Prohibits a groundwater conservation district from imposing restrictions that reduce the rate or amount of groundwater production from a well that is used wholly or partly for a purpose that is permitted or authorized by the Texas Natural Resource Conservation Commission (TNRCC) while the district is considering whether to renew the operating permit for the well or if the district has issued drought restrictions that would otherwise apply to the well unless the district finds, after a hydrologic evaluation, that failure to impose the restrictions would substantially impair groundwater production from other wells or cause irreparable harm to groundwater resources.

SECTION 2. Amends Section 36.3011, Water Code, by amending Subsection (b), (d), and (h) and adding Subsections (d-1), (d-2), (d-3), (e-1), (e-2), (e-3), and (e-4), as follows:

(b) Authorizes a person to file a petition with TNRCC requesting an inquiry for certain reasons, including that a district imposes a restriction on groundwater production that violates Section 36.125. Makes nonsubstantive changes.

(d) Requires, rather than authorizes, the recording secretary of a district review panel to be an employee of TNRCC.

(d-1) Provides that a review panel established under Subsection (d) is an advisory body to TNRCC and not a governmental body under certain provisions of the Government Code.

(d-2) Requires TNRCC to reimburse a member appointed to the review panel for actual expenses incurred while engaging in activities on behalf of the review panel. Requires the member, to be eligible for reimbursement, to file with the executive director of TNRCC (executive director) a verified statement, including any relevant receipts, describing the expenses incurred. Provides that a member appointed to the review panel is not entitled to a fee of office or other compensation for serving on the review panel.

(d-3) Provides that the records and documents of the recording secretary of the proceedings of the review panel are required to be provided to the executive director and are public information under Chapter 552 (Public Information), Government Code.

(e-1)� Requires the executive director, not later than the seventh day before the date of a public meeting or public hearing of the review panel under Subsection (e) (relating to requiring the review panel to review the petition and any evidence relevant to the petition and consider and adopt a report to be submitted to TNRCC), to provide notice of any public meeting or public hearing the review panel is directed to conduct by posting notice on TNRCC's Internet website and delivering notice by regular mail to the district that is the subject of the petition, the petitioner, and the county clerk of each county in the district that is the subject of the petition.

(e-2) Authorizes TNRCC or the review panel to submit a written request to the executive administrator of the Texas Water Development Board (executive administrator) for assistance on a technical issue related to the petition. Requires the executive administrator to provide the technical assistance not later than the 120th day after the date the executive administrator receives the request. Provides that a deadline under certain provisions of the Water Code is extended by 120 days if a request for technical assistance is submitted to the executive administrator during a review phase under that subsection.

(e-3) Requires the office of public interest counsel of TNRCC, on request from a member of the review panel, to provide legal advice and assistance to the review panel. Prohibits the office of public interest counsel, notwithstanding Section 5.273 (Duties of the Public Interest Counsel), from participating as a party in an inquiry under Section 36.3011 (Commission Inquiry and Action Regarding District Duties) and has no duty or responsibility to represent the public interest or otherwise in an inquiry except as provided by this subsection.

(e-4) Provides that Subsections (e-2) and (e-3) do not prohibit a member of the review panel from using the member's own technical consultant or legal counsel.

(h) Authorizes TNRCC to take any action against a district it considers necessary in accordance with Section 36.303 (Action by Commission) if TNRCC finds that certain criteria have been met, including that the district has imposed a restriction on groundwater production that violates Section 36.125. Makes nonsubstantive changes.

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: upon passage or September 1, 2025.