Texas House Bill HB4283

Texas 2009 - 81st Regular

• Out of House Committee: 5/4/09

Caption

Relating to the dismissal with prejudice of certain applications for single certification in an incorporated or annexed area.

Impact

The impact of HB 4283 on state laws relates to the autonomy of municipalities in the context of water law applications. By making dismissals with prejudice void, the bill intends to prevent irrevocable decisions that could limit a municipality's ability to seek necessary water certifications. This legislation may foster a more supportive environment for local governments to pursue their applications without the fear of permanent dismissal on certain grounds, potentially leading to increased compliance and more effective management of water resources.

Summary

House Bill 4283 aims to address the handling of applications for single certification filed by municipalities under Section 13.255 of the Water Code. The bill seeks to amend the Water Code by adding a new provision that declares any order from the commission dismissing a municipality's application with prejudice as void. This legislative change is significant as it seeks to preserve the validity of applications that have been dismissed, thus providing municipalities with greater security in their certification processes and decision-making.

Contention

Notable points of contention surrounding HB 4283 might arise from differing viewpoints on how these amendments influence local governance versus state oversight. Supporters could argue that the bill strengthens local governmental powers and allows municipalities to have fair opportunities to achieve their certifications. Conversely, opponents may raise concerns about the implications of such invalidations on regulatory control and oversight of water management by the state. The balance of authority between state regulations and local governance may be a central theme in discussions about this bill.