Bill Text: TX HB1964 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the procedure for action on certain applications for an amendment to a water right.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2019-06-10 - Effective immediately [HB1964 Detail]
Download: Texas-2019-HB1964-Enrolled.html
H.B. No. 1964 |
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relating to the procedure for action on certain applications for an | ||
amendment to a water right. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 11.122, Water Code, is amended by adding | ||
Subsection (b-3) to read as follows: | ||
(b-3) In addition to an application that meets the | ||
requirements of Subsection (b) and for which the commission has | ||
determined that notice or an opportunity for a contested case | ||
hearing is not required under another statute or a commission rule, | ||
an application for an amendment to a water right is exempt from any | ||
requirements of a statute or commission rule regarding notice and | ||
hearing or technical review by the executive director or the | ||
commission and may not be referred to the State Office of | ||
Administrative Hearings for a contested case hearing if the | ||
executive director determines after an administrative review that | ||
the application is for an amendment that: | ||
(1) adds a purpose of use that does not substantially | ||
alter: | ||
(A) the nature of the right from a right | ||
authorizing only nonconsumptive use to a right authorizing | ||
consumptive use; or | ||
(B) a pattern of use that is explicitly | ||
authorized in or required by the original right; | ||
(2) adds a place of use located in the same basin as | ||
the place of use authorized by the original right; or | ||
(3) changes the point of diversion, provided that: | ||
(A) the authorized rate of diversion is not | ||
increased; | ||
(B) the original point of diversion and the new | ||
point of diversion are located in the same contiguous tract of land; | ||
(C) the original point of diversion and the new | ||
point of diversion are from the same source of supply; | ||
(D) there are no points of diversion from the | ||
same source of supply associated with other water rights that are | ||
located between the original point of diversion and the new point of | ||
diversion; | ||
(E) there are no streamflow gauges located on the | ||
source of supply between the original point of diversion and the new | ||
point of diversion that are referenced in the original water right | ||
or in another water right authorizing a diversion from the same | ||
source of supply; and | ||
(F) there are no tributary watercourses that | ||
enter the watercourse that is the source of supply located between | ||
the original point of diversion and the new point of diversion. | ||
SECTION 2. This Act applies to an application to amend a | ||
water right that is filed with the Texas Commission on | ||
Environmental Quality on or after the effective date of this Act or | ||
is pending as of the effective date of this Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1964 was passed by the House on April | ||
11, 2019, by the following vote: Yeas 140, Nays 4, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1964 was passed by the Senate on May | ||
22, 2019, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |