| 1 | 1 | | 84R14430 JAM-D |
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| 2 | 2 | | By: Simpson H.B. No. 3744 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a requirement that a geological survey be conducted |
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| 8 | 8 | | before a location may be identified as a site of unique value for |
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| 9 | 9 | | the construction of a reservoir or recommended for the construction |
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| 10 | 10 | | of a reservoir or dam. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Sections 16.051(e) and (g), Water Code, are |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (e) On adoption the board shall deliver the state water plan |
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| 15 | 15 | | to the governor, the lieutenant governor, and the speaker of the |
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| 16 | 16 | | house of representatives and present the plan for review to the |
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| 17 | 17 | | appropriate legislative committees. The plan shall include |
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| 18 | 18 | | legislative recommendations that the board believes are needed and |
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| 19 | 19 | | desirable to facilitate more voluntary water transfers. The plan |
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| 20 | 20 | | shall identify river and stream segments of unique ecological value |
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| 21 | 21 | | and sites of unique value for the construction of reservoirs that |
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| 22 | 22 | | the board recommends for protection under this section. The plan |
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| 23 | 23 | | may not recommend for protection under this section a site of unique |
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| 24 | 24 | | value for the construction of a reservoir unless: |
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| 25 | 25 | | (1) a geological survey of the location of the |
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| 26 | 26 | | reservoir site that identifies any geological conditions that may |
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| 27 | 27 | | affect the safety of the reservoir or the dam for the reservoir has |
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| 28 | 28 | | been conducted; and |
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| 29 | 29 | | (2) the geological survey conducted under Subdivision |
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| 30 | 30 | | (1) indicates that there are no geological conditions that would |
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| 31 | 31 | | make the reservoir or dam unsafe. |
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| 32 | 32 | | (g) The legislature may designate a site of unique value for |
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| 33 | 33 | | the construction of a reservoir. A state agency or political |
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| 34 | 34 | | subdivision of the state may not obtain a fee title or an easement |
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| 35 | 35 | | that would significantly prevent the construction of a reservoir on |
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| 36 | 36 | | a site designated by the legislature under this subsection. A |
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| 37 | 37 | | location may not be designated a site of unique value for the |
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| 38 | 38 | | construction of a reservoir under this subsection unless: |
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| 39 | 39 | | (1) a geological survey of the location of the |
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| 40 | 40 | | reservoir site that identifies any geological conditions that may |
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| 41 | 41 | | affect the safety of the reservoir or the dam for the reservoir has |
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| 42 | 42 | | been conducted; and |
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| 43 | 43 | | (2) the geological survey conducted under Subdivision |
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| 44 | 44 | | (1) indicates that there are no geological conditions that would |
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| 45 | 45 | | make the reservoir or dam unsafe. |
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| 46 | 46 | | SECTION 2. Section 16.053, Water Code, is amended by adding |
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| 47 | 47 | | Subsection (e-2) to read as follows: |
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| 48 | 48 | | (e-2) A regional water plan submitted to the development |
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| 49 | 49 | | board may not identify a site of unique value for the construction |
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| 50 | 50 | | of a reservoir or include a project that proposes the construction |
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| 51 | 51 | | of a dam unless: |
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| 52 | 52 | | (1) a geological survey of the location of the |
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| 53 | 53 | | reservoir site or proposed dam that identifies any geological |
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| 54 | 54 | | conditions that may affect the safety of the reservoir or dam has |
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| 55 | 55 | | been conducted on behalf of the regional water planning group; and |
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| 56 | 56 | | (2) the geological survey conducted under Subdivision |
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| 57 | 57 | | (1) indicates that there are no geological conditions that would |
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| 58 | 58 | | make the reservoir or dam unsafe. |
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| 59 | 59 | | SECTION 3. This Act takes effect immediately if it receives |
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| 60 | 60 | | a vote of two-thirds of all the members elected to each house, as |
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| 61 | 61 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 62 | 62 | | Act does not receive the vote necessary for immediate effect, this |
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| 63 | 63 | | Act takes effect September 1, 2015. |
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