Texas 2017 - 85th Regular

Texas Senate Bill SB1430 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Perry, et al. S.B. No. 1430
2		-	(Lucio III)
	1	+	S.B. No. 1430
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to a requirement that the Texas Commission on
8	6		Environmental Quality provide an expedited procedure for acting on
9	7		certain applications for an amendment to a water right by certain
10	8		applicants that use desalinated seawater.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 11.122, Water Code, is amended by adding
13	11		Subsections (b-1) and (b-2) to read as follows:
14	12		(b-1) A holder of a water right that begins using
15	13		desalinated seawater after acquiring the water right has a right to
16	14		expedited consideration of an application for an amendment to the
17	15		water right if the amendment:
18	16		(1) authorizes the applicant to divert water from a
19	17		diversion point that is different from or in addition to the point
20	18		or points from which the applicant was authorized to divert water
21	19		before the requested amendment;
22	20		(2) authorizes the applicant to divert from the
23	21		different or additional diversion point an amount of water that is
24	22		equal to or less than the amount of desalinated seawater used by the
25	23		applicant;
26	24		(3) authorizes the applicant to divert from all of the
27	25		diversion points authorized by the water right an amount of water
28	26		that is equal to or less than the amount of water the applicant was
29	27		authorized to divert under the water right before the requested
30	28		amendment;
31	29		(4) authorizes the applicant to divert water from all
32	30		of the diversion points authorized by the water right at a combined
33	31		rate that is equal to or less than the combined rate at which the
34	32		applicant was authorized to divert water under the water right
35	33		before the requested amendment; and
36	34		(5) does not authorize the water diverted from the
37	35		different or additional diversion point to be transferred to
38	36		another river basin.
39	37		(b-2) The executive director or the commission shall
40	38		prioritize the technical review of an application that is subject
41	39		to Subsection (b-1) over the technical review of applications that
42	40		are not subject to that subsection.
43	41		SECTION 2. Section 2003.047, Government Code, is amended by
44	42		amending Subsection (e-3) and adding Subsection (e-6) to read as
45	43		follows:
46	44		(e-3) The deadline specified by Subsection (e-2) or (e-6),
47	45		as applicable, may be extended:
48	46		(1) by agreement of the parties with the approval of
49	47		the administrative law judge; or
50	48		(2) by the administrative law judge if the judge
51	49		determines that failure to extend the deadline would unduly deprive
52	50		a party of due process or another constitutional right.
53	51		(e-6) For a matter pertaining to an application described by
54	52		Section 11.122(b-1), Water Code, the administrative law judge must
55	53		complete the proceeding and provide a proposal for decision to the
56	54		commission not later than the 270th day after the date the matter
57	55		was referred to the office.
58	56		SECTION 3. The changes in law made by this Act apply only to
59	57		an application for an amendment to a water right that is filed with
60	58		the Texas Commission on Environmental Quality on or after the
61	59		effective date of this Act. An application filed with the
62	60		commission before the effective date of this Act is governed by the
63	61		law as it existed immediately before the effective date of this Act,
64	62		and that law is continued in effect for that purpose.
65	63		SECTION 4. This Act takes effect September 1, 2017.
	64	+	______________________________ ______________________________
	65	+	President of the Senate Speaker of the House
	66	+	I hereby certify that S.B. No. 1430 passed the Senate on
	67	+	April 18, 2017, by the following vote: Yeas 31, Nays 0.
	68	+	______________________________
	69	+	Secretary of the Senate
	70	+	I hereby certify that S.B. No. 1430 passed the House on
	71	+	May 21, 2017, by the following vote: Yeas 141, Nays 0, one
	72	+	present not voting.
	73	+	______________________________
	74	+	Chief Clerk of the House
	75	+	Approved:
	76	+	______________________________
	77	+	Date
	78	+	______________________________
	79	+	Governor