H.B. No. 1919
AN ACT
relating to the applicability of certain provisions concerning
invasive species.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 66.007, Parks and Wildlife Code, is
amended by adding Subsection (n) to read as follows:
(n) A water transfer described by this subsection is not a
violation of this section. The department may not require a permit
under this section for a water transfer described by this
subsection. This subsection applies to a water transfer that meets
the following criteria:
(1) the transfer is through a water supply system,
including a related water conveyance, storage, or distribution
facility;
(2) the transfer is undertaken by a utility owned by a
political subdivision, including a water district or municipality;
and
(3) the transfer is described by one or more of the
following:
(A) a transfer from a water body in which there is
no known exotic harmful or potentially harmful fish or shellfish
population;
(B) a transfer of water into a water body in which
there is a known exotic harmful or potentially harmful fish or
shellfish population;
(C) a transfer of water directly to a water
treatment facility;
(D) a transfer of water that has been treated
prior to the transfer into a water body; or
(E) a transfer of water from a reservoir or
through a dam to address flood control or to meet water supply
requirements or environmental flow purposes, provided that a person
making a transfer of water described by this paragraph from a body
of water in which there is a known exotic harmful or potentially
harmful fish or shellfish population notifies the department
annually in writing before the proposed transfer occurs.
SECTION 2. Section 66.0072, Parks and Wildlife Code, is
amended by adding Subsection (g) to read as follows:
(g) A water transfer described by this subsection is not a
violation of this section. The department may not require a permit
under this section for a water transfer described by this
subsection. This subsection applies to a water transfer that meets
the following criteria:
(1) the transfer is through a water supply system,
including a related water conveyance, storage, or distribution
facility;
(2) the transfer is undertaken by a utility owned by a
political subdivision, including a water district or municipality;
and
(3) the transfer is described by one or more of the
following:
(A) a transfer from a water body in which there is
no known exotic harmful or potentially harmful aquatic plant
population;
(B) a transfer of water into a water body in which
there is a known exotic harmful or potentially harmful aquatic
plant population;
(C) a transfer of water directly to a water
treatment facility;
(D) a transfer of water that has been treated
prior to the transfer into a water body; or
(E) a transfer of water from a reservoir or
through a dam to address flood control or to meet water supply
requirements or environmental flow purposes, provided that a person
making a transfer of water described by this paragraph from a body
of water in which there is a known exotic harmful or potentially
harmful aquatic plant population notifies the department annually
in writing before the proposed transfer occurs.
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, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1919 was passed by the House on May 5,
2015, by the following vote: Yeas 145, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1919 on May 22, 2015, by the following vote: Yeas 128, Nays 3,
2 present, not voting, and that the House adopted H.C.R. No. 138
authorizing certain corrections in H.B. No. 1919 on May 28, 2015, by
the following vote: Yeas 141, Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1919 was passed by the Senate, with
amendments, on May 20, 2015, by the following vote: Yeas 30, Nays
0, and that the Senate adopted H.C.R. No. 138 authorizing certain
corrections in H.B. No. 1919 on May 31, 2015, by the following vote:
Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor