Texas House Bill HB4002

Texas 2019 - 86th Regular

Caption

Relating to a contested case hearing to identify a sensitive feature related to an Edwards Aquifer protection plan.

Impact

The enactment of HB4002 would significantly influence state statutes concerning water resource management in Texas. By formally establishing a process for contested case hearings, the bill provides stakeholders—such as environmentalists, local government entities, and the public—with a defined pathway to challenge decisions made by the relevant authorities on the identification of sensitive features. This level of procedural transparency is intended to foster accountability and is expected to bolster efforts toward protecting vital water resources from potential threats posed by developments or mismanagement.

Summary

House Bill 4002 introduces provisions for contested case hearings regarding the identification of sensitive features in the Edwards Aquifer protection plan. It seeks to add a new section to the Texas Water Code, which defines a sensitive feature as any permeable geologic or man-made structure located on the Edwards Aquifer recharge zone or transition zone, particularly where risks of hydraulic interconnectedness and rapid subsurface infiltration exist. The bill aims to create a clearer legal framework within which disputes about sensitive features can be resolved, thus enhancing the protection of the local aquifer.

Contention

Potential points of contention surrounding HB4002 include the adequacy of the evidence required for filing a contested case, particularly the stipulation of needing studies from two independent professional geologists, as well as the necessity of obtaining a letter of support from a district legislator. Critics may argue that these requirements could limit public participation if only certain stakeholders—often with more resources—can engage in the hearings. Additionally, concerns may arise regarding the overall effectiveness of the regulatory process in adequately protecting sensitive areas without overly complicating or delaying compliance for responsible parties.