Texas 2013 - 83rd Regular

Texas House Bill HB2720

Filed
 
Out of House Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the applicability of the law governing emergency authorizations by the Texas Commission on Environmental Quality for the use of state water to certain emergency orders concerning water rights issued by the executive director of the commission.

Impact

The legislation signifies an important shift in how emergency water usages can be authorized, especially during droughts. By streamlining the process for the suspension and adjustment of water rights, it aims to enable more efficient responses to public health concerns stemming from water scarcity. Notably, the bill lays out specific criteria for obtaining emergency authorizations, including the need for a sworn application that details the emergency circumstances and required actions. This change aims to enhance public safety while ensuring that water rights holders are also fairly compensated for any impacts resulting from temporary transfers.

Summary

House Bill 2720 addresses the authority of the Texas Commission on Environmental Quality (TCEQ) to manage water rights during periods of drought or other emergency situations. The bill allows for the temporary suspension of water rights and adjustments to water diversions as deemed necessary by the executive director of TCEQ. Specifically, it amends Section 11.053 of the Water Code to clarify the commission's power to respond flexibly to water shortages, reinforcing the priority of existing water rights while ensuring adequate public health and welfare during emergencies.

Contention

Debate surrounding HB 2720 hinged on concerns regarding the balance of authority between the state and local water rights holders. Supporters of the bill emphasized the need for a responsive and centralized authority during emergencies, arguing that timely decisions regarding water use could prevent public health crises. Conversely, opponents raised questions about the potential for overreach and the implications for individual water rights, expressing concerns that the bill might infringe upon established rights without providing sufficient safeguards for the interests of existing water users. Ultimately, legislation like this brings necessary discussions to the forefront about resource management and emergency preparedness.

Companion Bills

No companion bills found.

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