Texas 2013 - 83rd Regular

Texas House Bill HB2720 Compare Versions

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Old	New	Differences
1	1	83R14052 JAM-F
2	2	By: Ritter H.B. No. 2720
3	3	Substitute the following for H.B. No. 2720:
4	4	By: Callegari C.S.H.B. No. 2720
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the applicability of the law governing emergency
10	10	authorizations by the Texas Commission on Environmental Quality for
11	11	the use of state water to certain emergency orders concerning water
12	12	rights issued by the executive director of the commission.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The heading to Section 11.053, Water Code, is
15	15	amended to read as follows:
16	16	Sec. 11.053. COMMISSION AUTHORITY TO SUSPEND OR ADJUST
17	17	[EMERGENCY ORDER CONCERNING] WATER RIGHTS DURING PERIODS OF DROUGHT
18	18	OR WATER SHORTAGE.
19	19	SECTION 2. Section 11.053(a), Water Code, is amended to
20	20	read as follows:
21	21	(a) During a period of drought or other emergency shortage
22	22	of water, as defined by commission rule, the executive director by
23	23	order may, in accordance with the priority of water rights
24	24	established by Section 11.027:
25	25	(1) temporarily suspend the right of any person who
26	26	holds a water right to use the water; and
27	27	(2) temporarily adjust the diversions of water by
28	28	water rights holders to address an imminent hazard to the health,
29	29	safety, or welfare of the public.
30	30	SECTION 3. The heading to Section 11.139, Water Code, is
31	31	amended to read as follows:
32	32	Sec. 11.139. REQUEST TO TRANSFER WATER TEMPORARILY
33	33	[EMERGENCY AUTHORIZATIONS].
34	34	SECTION 4. Section 11.139, Water Code, is amended by
35	35	amending Subsections (b), (h), and (j) and adding Subsection (m) to
36	36	read as follows:
37	37	(b) A person desiring to obtain an emergency authorization
38	38	to transfer water temporarily under Subsection (h) [this section]
39	39	shall submit to the commission a sworn application containing the
40	40	following information:
41	41	(1) a description of the condition of emergency
42	42	justifying the granting of the emergency authorization;
43	43	(2) a statement setting forth facts which support the
44	44	findings required under this section;
45	45	(3) an estimate of the dates on which the proposed
46	46	authorization should begin and end;
47	47	(4) a description of the action sought and the
48	48	activity proposed to be allowed, mandated, or prohibited; and
49	49	(5) any other statements or information required by
50	50	the commission.
51	51	(h) The commission may grant an emergency authorization
52	52	under this section for the temporary transfer and use of all or part
53	53	of a permit, certified filing, or certificate of adjudication for
54	54	other than domestic or municipal use to a retail or wholesale water
55	55	supplier for public health and safety purposes. In addition to the
56	56	requirements contained in Subsection (b) [of this section], the
57	57	commission may direct that the applicant will timely pay the
58	58	amounts for which the applicant may be potentially liable under
59	59	Subsection (j) [of this section] and to the extent authorized by law
60	60	will fully indemnify and hold harmless the state, the executive
61	61	director, and the commission from any and all liability for the
62	62	authorization sought. The commission may order bond or other
63	63	surety in a form acceptable to the commission as a condition for
64	64	such emergency authorization. The commission may not grant an
65	65	emergency authorization under this section which would cause a
66	66	violation of a federal regulation. The commission may not grant an
67	67	emergency authorization under this subsection until a method for
68	68	calculating and remitting the compensation due under Subsection (j)
69	69	has been agreed on by the person to be granted an emergency
70	70	authorization for the temporary transfer and the holder of the
71	71	water right or the water right holder's agent or lessee from whom
72	72	the use is to be transferred.
73	73	(j) The person granted an emergency authorization for a
74	74	temporary transfer under Subsection (h) [of this section] is liable
75	75	to the holder of the water right [owner] and the water right
76	76	holder's [owner's] agent or lessee from whom the use is transferred
77	77	for the fair market value of the water transferred as well as for
78	78	any damages caused by the transfer of use. If, within 60 days of the
79	79	termination of the authorization, the parties do not agree on the
80	80	amount due, or if full payment is not made, either party may file a
81	81	complaint with the commission to determine the amount due. The
82	82	commission may use dispute resolution procedures for a complaint
83	83	filed under this subsection. After exhausting all administrative
84	84	remedies under this subsection, an owner from whom the use is
85	85	transferred may file suit to recover or determine the amount due in
86	86	a district court in the county where the owner resides or has its
87	87	headquarters. The prevailing party in a suit filed under this
88	88	subsection is entitled to recover court costs and reasonable
89	89	attorney's fees.
90	90	(m) This section does not apply to a suspension or
91	91	adjustment ordered by the executive director under Section 11.053.
92	92	SECTION 5. This Act takes effect September 1, 2013.