LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 8, 2013 TO: Honorable Allan Ritter, Chair, House Committee on Natural Resources FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB3234 by Ritter (Relating to the procedure for action by the Texas Commission on Environmental Quality on an application for a water right.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Water Code to establish new deadlines for processing water rights permit applications and amendments. Timeframes for permitting actions would be established for applicants and the Texas Commission on Environmental Quality (TCEQ). In addition, the bill would establish new criteria for contested case hearings relating to water rights at the State Office of Administrative Hearings (SOAH). The bill would take effect immediately if it would receive a two-thirds vote in both houses. Otherwise, it would take effect on September 1, 2013. The bill would only apply to applications filed on or after the effective date of the Act. The TCEQ reports that the agency is receiving an increasing number of complex water rights applications, and that under current law there are no statutorily imposed deadlines for processing them. Because the bill would limit the number of days the agency could take to finalize an application, the TCEQ expects that it would need to apply greater resources to water rights permitting activities to meet the requirements of the bill. This analysis assumes that the agency would absorb this cost increase using existing resources. SOAH reports that the bill should not have any significant operational or fiscal impact on the agency. Local Government Impact No significant fiscal implication to units of local government is anticipated. Some local governments that are water rights applicants could benefit from the bill's proposed application deadlines. Source Agencies:360 State Office of Administrative Hearings, 582 Commission on Environmental Quality LBB Staff: UP, SZ, TL
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
April 8, 2013
TO: Honorable Allan Ritter, Chair, House Committee on Natural Resources FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB3234 by Ritter (Relating to the procedure for action by the Texas Commission on Environmental Quality on an application for a water right.), As Introduced
TO: Honorable Allan Ritter, Chair, House Committee on Natural Resources
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB3234 by Ritter (Relating to the procedure for action by the Texas Commission on Environmental Quality on an application for a water right.), As Introduced
Honorable Allan Ritter, Chair, House Committee on Natural Resources
Honorable Allan Ritter, Chair, House Committee on Natural Resources
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB3234 by Ritter (Relating to the procedure for action by the Texas Commission on Environmental Quality on an application for a water right.), As Introduced
HB3234 by Ritter (Relating to the procedure for action by the Texas Commission on Environmental Quality on an application for a water right.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Water Code to establish new deadlines for processing water rights permit applications and amendments. Timeframes for permitting actions would be established for applicants and the Texas Commission on Environmental Quality (TCEQ). In addition, the bill would establish new criteria for contested case hearings relating to water rights at the State Office of Administrative Hearings (SOAH). The bill would take effect immediately if it would receive a two-thirds vote in both houses. Otherwise, it would take effect on September 1, 2013. The bill would only apply to applications filed on or after the effective date of the Act. The TCEQ reports that the agency is receiving an increasing number of complex water rights applications, and that under current law there are no statutorily imposed deadlines for processing them. Because the bill would limit the number of days the agency could take to finalize an application, the TCEQ expects that it would need to apply greater resources to water rights permitting activities to meet the requirements of the bill. This analysis assumes that the agency would absorb this cost increase using existing resources. SOAH reports that the bill should not have any significant operational or fiscal impact on the agency.
The bill would amend the Water Code to establish new deadlines for processing water rights permit applications and amendments. Timeframes for permitting actions would be established for applicants and the Texas Commission on Environmental Quality (TCEQ). In addition, the bill would establish new criteria for contested case hearings relating to water rights at the State Office of Administrative Hearings (SOAH). The bill would take effect immediately if it would receive a two-thirds vote in both houses. Otherwise, it would take effect on September 1, 2013. The bill would only apply to applications filed on or after the effective date of the Act.
The TCEQ reports that the agency is receiving an increasing number of complex water rights applications, and that under current law there are no statutorily imposed deadlines for processing them. Because the bill would limit the number of days the agency could take to finalize an application, the TCEQ expects that it would need to apply greater resources to water rights permitting activities to meet the requirements of the bill. This analysis assumes that the agency would absorb this cost increase using existing resources.
SOAH reports that the bill should not have any significant operational or fiscal impact on the agency.
Local Government Impact
No significant fiscal implication to units of local government is anticipated. Some local governments that are water rights applicants could benefit from the bill's proposed application deadlines.
Source Agencies: 360 State Office of Administrative Hearings, 582 Commission on Environmental Quality
360 State Office of Administrative Hearings, 582 Commission on Environmental Quality
LBB Staff: UP, SZ, TL
UP, SZ, TL