Texas 2017 - 85th Regular

Texas House Bill HB3735 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3735
	1	+	By: Frank, et al. (Senate Sponsor - Rodríguez) H.B. No. 3735
	2	+	(In the Senate - Received from the House May 15, 2017;
	3	+	May 15, 2017, read first time and referred to Committee on
	4	+	Agriculture, Water & Rural Affairs; May 19, 2017, reported
	5	+	adversely, with favorable Committee Substitute by the following
	6	+	vote: Yeas 5, Nays 0; May 19, 2017, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3735 By: Perry
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to an application for a new or amended water right
6	14		submitted to the Texas Commission on Environmental Quality.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Sections 11.002(1) and (3), Water Code, are
9	17		amended to read as follows:
10	18		(1) "Commission" means the Texas [Natural Resource
11	19		Conservation] Commission on Environmental Quality.
12	20		(3) "Executive director" means the executive director
13	21		of the Texas [Natural Resource Conservation] Commission on
14	22		Environmental Quality.
15	23		SECTION 2. Section 11.122, Water Code, is amended by adding
16	24		Subsections (b-1) and (b-2) to read as follows:
17	25		(b-1) A holder of a water right that begins using
18	26		desalinated seawater after acquiring the water right has a right to
19	27		expedited consideration of an application for an amendment to the
20	28		water right if the amendment:
21	29		(1) authorizes the applicant to divert water from a
22	30		diversion point that is different from or in addition to the point
23	31		or points from which the applicant was authorized to divert water
24	32		before the requested amendment;
25	33		(2) authorizes the applicant to divert from the
26	34		different or additional diversion point an amount of water that is
27	35		equal to or less than the amount of desalinated seawater used by the
28	36		applicant;
29	37		(3) authorizes the applicant to divert from all of the
30	38		diversion points authorized by the water right an amount of water
31	39		that is equal to or less than the amount of water the applicant was
32	40		authorized to divert under the water right before the requested
33	41		amendment; and
34	42		(4) does not authorize the water diverted from the
35	43		different or additional diversion point to be transferred to
36	44		another river basin.
37	45		(b-2) The executive director or the commission shall
38	46		prioritize the technical review of an application that is subject
39	47		to Subsection (b-1) over the technical review of applications that
40	48		are not subject to that subsection.
41	49		SECTION 3. Section 11.125(a), Water Code, is amended to
42	50		read as follows:
43	51		(a) The application must be accompanied by a map or plat in
44	52		the form and containing the information prescribed by the
45	53		commission [drawn on tracing linen on a scale not less than one inch
46	54		equals 2,000 feet].
47	55		SECTION 4. Section 11.128, Water Code, is amended to read as
48	56		follows:
49		-	Sec. 11.128. PAYMENT OF FEE.
50		-	The [If the] applicant [is not
51		-	exempted from payment of the filing fee under Section 12.112 of this
52		-	code, he] shall pay the filing fee prescribed by Section 5.701
	57	+	Sec. 11.128. PAYMENT OF FEE. The [If the] applicant [is
	58	+	not exempted from payment of the filing fee under Section 12.112 of
	59	+	this code, he] shall pay the filing fee prescribed by Section 5.701
53	60		[5.701(c)] at the time [he files] the application is filed. The
54	61		commission may [shall] not record, file, or consider the
55	62		application until the executive director certifies to the
56	63		commission that the fee is paid.
57	64		SECTION 5. Section 11.134, Water Code, is amended by adding
58	65		Subsection (b-1) to read as follows:
59	66		(b-1) In determining whether an appropriation is
60	67		detrimental to the public welfare under Subsection (b)(3)(C), the
61	68		commission may consider only the factors that are within the
62	69		jurisdiction and expertise of the commission as established by this
63	70		chapter.
64	71		SECTION 6. Section 2003.047, Government Code, is amended by
65	72		amending Subsection (e-3) and adding Subsection (e-6) to read as
66	73		follows:
67	74		(e-3) The deadline specified by Subsection (e-2) or (e-6),
68	75		as applicable, may be extended:
69	76		(1) by agreement of the parties with the approval of
70	77		the administrative law judge; or
71	78		(2) by the administrative law judge if the judge
72	79		determines that failure to extend the deadline would unduly deprive
73	80		a party of due process or another constitutional right.
74	81		(e-6) For a matter pertaining to an application described by
75	82		Section 11.122(b-1), Water Code, the administrative law judge must
76	83		complete the proceeding and provide a proposal for decision to the
77	84		commission not later than the 270th day after the date the matter
78	85		was referred to the office.
79	86		SECTION 7. Sections 11.125(b) and (c), Water Code, are
80	87		repealed.
81	88		SECTION 8. The changes in law made by this Act apply only to
82	89		an application for a new or amended water right received by the
83	90		Texas Commission on Environmental Quality on or after the effective
84	91		date of this Act. An application received before the effective date
85	92		of this Act is governed by the law in effect on the date the
86	93		application was received, and the former law is continued in effect
87	94		for that purpose.
88	95		SECTION 9. This Act takes effect September 1, 2017.
89		-	______________________________ ______________________________
90		-	President of the Senate Speaker of the House
91		-	I certify that H.B. No. 3735 was passed by the House on May
92		-	12, 2017, by the following vote: Yeas 138, Nays 5, 1 present, not
93		-	voting; and that the House concurred in Senate amendments to H.B.
94		-	No. 3735 on May 26, 2017, by the following vote: Yeas 143, Nays 2,
95		-	2 present, not voting.
96		-	______________________________
97		-	Chief Clerk of the House
98		-	I certify that H.B. No. 3735 was passed by the Senate, with
99		-	amendments, on May 24, 2017, by the following vote: Yeas 31, Nays
100		-	0.
101		-	______________________________
102		-	Secretary of the Senate
103		-	APPROVED: __________________
104		-	Date
105		-	__________________
106		-	Governor
	96	+	* * * * *