Texas House Bill HCR78

Texas 2011 - 82nd Regular

• Introduced: 3/1/11
• Refer: 3/14/11
• Report Pass: 4/14/11

Caption

Expressing opposition to federal regulation of intrastate water resources.

Impact

The resolution highlights the implications of federal intervention, arguing that such an expansion of authority would not only create bureaucratic inefficiencies but also lead to vague federal interpretations of jurisdiction over water resources. It references past Supreme Court decisions that have upheld state sovereignty and limited federal authority over intrastate waters, reinforcing the notion that state governments are better positioned to regulate their own natural resources without excessive federal oversight.

Summary

HCR78 is a concurrent resolution from the Texas Legislature expressing opposition to federal regulation of intrastate water resources. The resolution articulates concerns that proposed amendments to the federal Clean Water Act would expand federal jurisdiction over a wide variety of waters, including those that are not navigable, such as intrastate lakes and streams. By doing so, it effectively undermines the traditional authority of state governments to manage their own water resources. The resolution asserts that states should maintain their jurisdiction to ensure more efficient and localized management of these resources.

Contention

The articulation in HCR78 emphasizes the Tenth Amendment of the U.S. Constitution, which reserves powers not delegated to the federal government for the states. The bill presents a clear viewpoint that any legislative effort to alter the jurisdictional boundaries established by this amendment represents a form of encroachment on states' rights. This perspective may resonate with various stakeholders concerned with states' autonomy, but could also stoke contention among those advocating for stronger federal environmental protections aimed at safeguarding water quality across the nation.