By: Frank, et al. (Senate Sponsor - RodrÃguez) H.B. No. 3735
(In the Senate - Received from the House May 15, 2017;
May 15, 2017, read first time and referred to Committee on
Agriculture, Water & Rural Affairs; May 19, 2017, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 5, Nays 0; May 19, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 3735 By: Perry
A BILL TO BE ENTITLED
AN ACT
relating to an application for a new or amended water right
submitted to the Texas Commission on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 11.002(1) and (3), Water Code, are
amended to read as follows:
(1) "Commission" means the Texas [Natural Resource
Conservation] Commission on Environmental Quality.
(3) "Executive director" means the executive director
of the Texas [Natural Resource Conservation] Commission on
Environmental Quality.
SECTION 2. Section 11.122, Water Code, is amended by adding
Subsections (b-1) and (b-2) to read as follows:
(b-1) A holder of a water right that begins using
desalinated seawater after acquiring the water right has a right to
expedited consideration of an application for an amendment to the
water right if the amendment:
(1) authorizes the applicant to divert water from a
diversion point that is different from or in addition to the point
or points from which the applicant was authorized to divert water
before the requested amendment;
(2) authorizes the applicant to divert from the
different or additional diversion point an amount of water that is
equal to or less than the amount of desalinated seawater used by the
applicant;
(3) authorizes the applicant to divert from all of the
diversion points authorized by the water right an amount of water
that is equal to or less than the amount of water the applicant was
authorized to divert under the water right before the requested
amendment; and
(4) does not authorize the water diverted from the
different or additional diversion point to be transferred to
another river basin.
(b-2) The executive director or the commission shall
prioritize the technical review of an application that is subject
to Subsection (b-1) over the technical review of applications that
are not subject to that subsection.
SECTION 3. Section 11.125(a), Water Code, is amended to
read as follows:
(a) The application must be accompanied by a map or plat in
the form and containing the information prescribed by the
commission [drawn on tracing linen on a scale not less than one inch
equals 2,000 feet].
SECTION 4. Section 11.128, Water Code, is amended to read as
follows:
Sec. 11.128. PAYMENT OF FEE. The [If the] applicant [is
not exempted from payment of the filing fee under Section 12.112 of
this code, he] shall pay the filing fee prescribed by Section 5.701
[5.701(c)] at the time [he files] the application is filed. The
commission may [shall] not record, file, or consider the
application until the executive director certifies to the
commission that the fee is paid.
SECTION 5. Section 11.134, Water Code, is amended by adding
Subsection (b-1) to read as follows:
(b-1) In determining whether an appropriation is
detrimental to the public welfare under Subsection (b)(3)(C), the
commission may consider only the factors that are within the
jurisdiction and expertise of the commission as established by this
chapter.
SECTION 6. Section 2003.047, Government Code, is amended by
amending Subsection (e-3) and adding Subsection (e-6) to read as
follows:
(e-3) The deadline specified by Subsection (e-2) or (e-6),
as applicable, may be extended:
(1) by agreement of the parties with the approval of
the administrative law judge; or
(2) by the administrative law judge if the judge
determines that failure to extend the deadline would unduly deprive
a party of due process or another constitutional right.
(e-6) For a matter pertaining to an application described by
Section 11.122(b-1), Water Code, the administrative law judge must
complete the proceeding and provide a proposal for decision to the
commission not later than the 270th day after the date the matter
was referred to the office.
SECTION 7. Sections 11.125(b) and (c), Water Code, are
repealed.
SECTION 8. The changes in law made by this Act apply only to
an application for a new or amended water right received by the
Texas Commission on Environmental Quality on or after the effective
date of this Act. An application received before the effective date
of this Act is governed by the law in effect on the date the
application was received, and the former law is continued in effect
for that purpose.
SECTION 9. This Act takes effect September 1, 2017.
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