84R14430 JAM-D
By: Simpson H.B. No. 3744
A BILL TO BE ENTITLED
AN ACT
relating to a requirement that a geological survey be conducted
before a location may be identified as a site of unique value for
the construction of a reservoir or recommended for the construction
of a reservoir or dam.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 16.051(e) and (g), Water Code, are
amended to read as follows:
(e) On adoption the board shall deliver the state water plan
to the governor, the lieutenant governor, and the speaker of the
house of representatives and present the plan for review to the
appropriate legislative committees. The plan shall include
legislative recommendations that the board believes are needed and
desirable to facilitate more voluntary water transfers. The plan
shall identify river and stream segments of unique ecological value
and sites of unique value for the construction of reservoirs that
the board recommends for protection under this section. The plan
may not recommend for protection under this section a site of unique
value for the construction of a reservoir unless:
(1) a geological survey of the location of the
reservoir site that identifies any geological conditions that may
affect the safety of the reservoir or the dam for the reservoir has
been conducted; and
(2) the geological survey conducted under Subdivision
(1) indicates that there are no geological conditions that would
make the reservoir or dam unsafe.
(g) The legislature may designate a site of unique value for
the construction of a reservoir. A state agency or political
subdivision of the state may not obtain a fee title or an easement
that would significantly prevent the construction of a reservoir on
a site designated by the legislature under this subsection. A
location may not be designated a site of unique value for the
construction of a reservoir under this subsection unless:
(1) a geological survey of the location of the
reservoir site that identifies any geological conditions that may
affect the safety of the reservoir or the dam for the reservoir has
been conducted; and
(2) the geological survey conducted under Subdivision
(1) indicates that there are no geological conditions that would
make the reservoir or dam unsafe.
SECTION 2. Section 16.053, Water Code, is amended by adding
Subsection (e-2) to read as follows:
(e-2) A regional water plan submitted to the development
board may not identify a site of unique value for the construction
of a reservoir or include a project that proposes the construction
of a dam unless:
(1) a geological survey of the location of the
reservoir site or proposed dam that identifies any geological
conditions that may affect the safety of the reservoir or dam has
been conducted on behalf of the regional water planning group; and
(2) the geological survey conducted under Subdivision
(1) indicates that there are no geological conditions that would
make the reservoir or dam unsafe.
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.