Bill Text: TX SB1430 | 2017-2018 | 85th Legislature | Enrolled
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.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2017-06-01 - Effective on 9/1/17 [SB1430 Detail]
Download: Texas-2017-SB1430-Enrolled.html
S.B. No. 1430 |
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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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1430 passed the Senate on | ||
April 18, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1430 passed the House on | ||
May 21, 2017, by the following vote: Yeas 141, Nays 0, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |