81R2535 SMH-D By: Farabee H.B. No. 4206 A BILL TO BE ENTITLED AN ACT relating to a requirement that an applicant for a permit to construct an electric generating facility demonstrate that a sufficient amount of water is available for use in connection with the operation of the facility. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 382.0518, Health and Safety Code, is amended by adding Subsection (j) to read as follows: (j) Notwithstanding Subsection (b), the commission may not grant a permit to construct an electric generating facility unless the applicant for the permit submits to the commission and the appropriate regional water planning group a study that demonstrates that a sufficient amount of water is available in the applicable regional water planning area for use in connection with the operation of the facility. SECTION 2. The change in law made by this Act applies only to an application for a permit or permit amendment that is submitted to the Texas Commission on Environmental Quality on or after the effective date of this Act. An application for a permit or permit amendment that was submitted to the Texas Commission on Environmental Quality before the effective date of this Act is governed by the law in effect at the time the application was filed, and the former law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2009.