85R18671 JAM-F
By: Lucio III H.B. No. 1862
Substitute the following for H.B. No. 1862:
By: Larson C.S.H.B. No. 1862
A BILL TO BE ENTITLED
AN ACT
relating to the designation of certain river or stream segments as
being of unique ecological value.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature, as authorized by Section
16.051(f), Water Code, designates as being of unique ecological
value the following river or stream segments:
(1) Alamito Creek in Presidio County solely within the
boundary of the Trans Pecos Water Trust;
(2) Black Cypress Bayou from its confluence with Big
Cypress Bayou in south central Marion County upstream to its
confluence with Black Cypress Creek east of Avinger in southern
Cass County;
(3) Black Cypress Creek from its confluence with Black
Cypress Bayou east of Avinger in southern Cass County upstream to
its headwaters located four miles northeast of Daingerfield in
eastern Morris County; and
(4) Terlingua Creek in Brewster County solely within
the boundary of Big Bend National Park.
SECTION 2. The designation of a river or stream segment as
being of unique ecological value under Section 1 of this Act:
(1) means only that a state agency or political
subdivision of the state may not finance the actual construction of
a reservoir in the designated segment;
(2) does not affect the ability of a state agency or
political subdivision of the state to construct, operate, maintain,
or replace a weir, a water diversion, flood control, drainage, or
water supply system, a low water crossing, or a recreational
facility in the designated segment;
(3) does not prohibit the permitting, financing,
construction, operation, maintenance, or replacement of any water
management strategy to meet projected water supply needs
recommended in, or designated as an alternative in, a 2016 regional
water plan; and
(4) does not alter any existing property right of an
affected landowner.
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, 2017.