82R2240 TRH-F By: Laubenberg H.B. No. 1319 A BILL TO BE ENTITLED AN ACT relating to the calculation and reporting of water usage and conservation by municipalities and water utilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter K, Chapter 16, Water Code, is amended by adding Section 16.403 to read as follows: Sec. 16.403. WATER USE AND CONSERVATION CALCULATION AND REPORTING. (a) The board and the commission, in consultation with the Water Conservation Advisory Council, shall develop a uniform system for calculating water use and conservation to be used by a municipality or water utility in developing water conservation plans and preparing reports required under this code. At a minimum, the system must include: (1) a method of calculating water use for each sector of water users served by a municipality or water utility; (2) a method of classifying water users within sectors; (3) a method of calculating water use in the residential sector that includes both single-family and multifamily residences, in gallons per capita per day; (4) a method of calculating water use in the commercial and institutional sectors that is dependent on a municipality's population or the number of customers served by a water utility; (5) a method of calculating water use in the industrial and agricultural sectors that is not dependent on a municipality's population or the number of customers served by a water utility; and (6) guidelines on the use of service populations by a municipality or water utility in developing a per-capita-based method of calculation, including guidance on the use of permanent and temporary populations in making calculations. (b) The board or the commission, as appropriate, shall use the system developed under Subsection (a) in evaluating a water conservation plan, program of water conservation, survey, or other report relating to water conservation submitted to the board or the commission under: (1) Section 11.1271; (2) Section 13.146; (3) Section 15.106; (4) Section 15.995; (5) Section 16.012(m); (6) Section 17.125(b); or (7) Section 17.857(b). (c) Not later than January 1 of each odd-numbered year, the board shall submit to the legislature a report that includes the most recent data relating to statewide water usage in each major water use sector described by Subsections (a)(3) and (4). SECTION 2. (a) Not later than January 1, 2013, the Texas Water Development Board and the Texas Commission on Environmental Quality, in consultation with the Water Conservation Advisory Council, shall develop the water use and conservation calculation system required by Section 16.403(a), Water Code, as added by this Act. (b) Not later than January 1, 2015, the Texas Water Development Board shall submit to the legislature the first report required by Section 16.403(c), Water Code, as added by this Act. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.