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A BILL TO BE ENTITLED
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AN ACT
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relating to information relied on by the Texas Commission on |
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Environmental Quality for purposes of rules involving rainfall |
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estimates. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 5, Water Code, is amended |
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by adding Section 5.137 to read as follows: |
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Sec. 5.137. RULES REFERENCING RAINFALL INTENSITY, |
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DURATION, AND FREQUENCY. (a) This section applies only to a |
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commission rule the adoption of which involved an evaluation of |
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rainfall intensity, duration, or frequency. |
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(b) The commission shall update rules as necessary to |
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incorporate the latest available rainfall intensity, duration, and |
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frequency data from the National Oceanic and Atmospheric |
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Administration or a comparable source at least once every five |
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years. |
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(c) The commission shall update rules as necessary to |
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incorporate the latest available rainfall intensity, duration, and |
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frequency data from each new volume of the Precipitation-Frequency |
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Atlas of the United States published by the National Oceanic and |
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Atmospheric Administration. |
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(d) During each rulemaking required by Subsection (b), the |
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commission shall consider: |
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(1) the value of costs avoided by the state as a result |
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of updating the rainfall intensity, frequency, and duration data; |
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(2) a description of the variance between the existing |
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and newly available rainfall intensity, frequency, and duration |
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data; and |
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(3) the accuracy of the newly available rainfall |
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intensity, frequency, and duration data in comparison to the |
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existing rainfall intensity, frequency, and duration data. |
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SECTION 2. Not later than January 1, 2026, the Texas |
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Commission on Environmental Quality shall adopt the first updated |
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rules required by Section 5.137, Water Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |