Bill Text: TX HB2894 | 2017-2018 | 85th Legislature | Comm Sub

Texas House Bill 2894 (Prior Session Legislation)

Bill Title: Relating to a requirement that the Texas Commission on Environmental Quality provide an expedited procedure for acting on certain applications for an amendment to a water right by certain applicants that use desalinated seawater.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2017-05-10 - Placed on General State Calendar [HB2894 Detail]

Download: Texas-2017-HB2894-Comm_Sub.html

	85R18512 SMH-F

	By: Lucio III	H.B. No. 2894

	Substitute the following for H.B. No. 2894:

	By: Larson	C.S.H.B. No. 2894



	A BILL TO BE ENTITLED
	AN ACT
	relating to a requirement that the Texas Commission on
	Environmental Quality provide an expedited procedure for acting on
	certain applications for an amendment to a water right by certain
	applicants that use desalinated seawater.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 11.122, Water Code, is amended by adding
	Subsections (b-1) and (b-2) to read as follows:
	(b-1) A holder of a water right that begins using
	desalinated seawater after acquiring the water right has a right to
	expedited consideration of an application for an amendment to the
	water right if the amendment:
	(1) authorizes the applicant to divert water from a
	diversion point that is different from or in addition to the point
	or points from which the applicant was authorized to divert water
	before the requested amendment;
	(2) authorizes the applicant to divert from the
	different or additional diversion point an amount of water that is
	equal to or less than the amount of desalinated seawater used by the
	applicant;
	(3) authorizes the applicant to divert from all of the
	diversion points authorized by the water right an amount of water
	that is equal to or less than the amount of water the applicant was
	authorized to divert under the water right before the requested
	amendment;
	(4) authorizes the applicant to divert water from all
	of the diversion points authorized by the water right at a combined
	rate that is equal to or less than the combined rate at which the
	applicant was authorized to divert water under the water right
	before the requested amendment; and
	(5) does not authorize the water diverted from the
	different or additional diversion point to be transferred to
	another river basin.
	(b-2) The executive director or the commission shall
	prioritize the technical review of an application that is subject
	to Subsection (b-1) over the technical review of applications that
	are not subject to that subsection.
	SECTION 2. Section 2003.047, Government Code, is amended by
	amending Subsection (e-3) and adding Subsection (e-6) to read as
	follows:
	(e-3) The deadline specified by Subsection (e-2) or (e-6),
	as applicable, may be extended:
	(1) by agreement of the parties with the approval of
	the administrative law judge; or
	(2) by the administrative law judge if the judge
	determines that failure to extend the deadline would unduly deprive
	a party of due process or another constitutional right.
	(e-6) For a matter pertaining to an application described by
	Section 11.122(b-1), Water Code, the administrative law judge must
	complete the proceeding and provide a proposal for decision to the
	commission not later than the 270th day after the date the matter
	was referred to the office.
	SECTION 3. The changes in law made by this Act apply only to
	an application for an amendment to a water right that is filed with
	the Texas Commission on Environmental Quality on or after the
	effective date of this Act. An application filed with the
	commission before the effective date of this Act is governed by the
	law as it existed immediately before the effective date of this Act,
	and that law is continued in effect for that purpose.
	SECTION 4. This Act takes effect September 1, 2017.