Texas 2019 - 86th Regular

Texas Senate Bill SB911 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 911
	1	+	86R34256 SLB-F
	2	+	By: Hinojosa S.B. No. 911
	3	+	(Nevárez)
	4	+	Substitute the following for S.B. No. 911: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the supervision of water districts by the Texas
6	10		Commission on Environmental Quality.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Section 12.081(a), Water Code, is amended to
9	13		read as follows:
10	14		(a) The powers and duties of all districts and authorities
11	15		created under Article III, Section 52 and Article XVI, Section 59 of
12	16		the Texas Constitution are subject to the continuing right of
13	17		supervision of the State of Texas by and through the commission or
14	18		its successor, and this supervision may include but is not limited
15	19		to the authority to:
16	20		(1) inquire into the qualifications [competence,
17	21		fitness, and reputation] of the officers and directors of any
18	22		district or authority;
19	23		(2) require, on its own motion or on complaint by any
20	24		person, audits or other financial information, inspections,
21	25		evaluations, and engineering reports;
22	26		(3) issue subpoenas for witnesses to carry out its
23	27		authority under this subsection;
24	28		(4) institute investigations and hearings using
25	29		examiners appointed by the commission;
26	30		(5) issue rules necessary to supervise the districts
27	31		and authorities, except that such rules shall not apply to water
28	32		quality ordinances adopted by any river authority which meet or
29		-	exceed minimum requirements established by the commission; [and]
30		-	(6) issue a permit under Chapter 361, Health and
31		-	Safety Code, notwithstanding a district's rule or objection; and
32		-	(7) the right of supervision granted herein shall not
	33	+	exceed minimum requirements established by the commission; and
	34	+	(6) the right of supervision granted herein shall not
33	35		apply to matters relating to electric utility operations.
34	36		SECTION 2. Sections 49.102(e) and (f), Water Code, are
35	37		amended to read as follows:
36	38		(e) If a majority of the votes cast in the election favor the
37	39		creation of the district, then the temporary board shall declare
38	40		that the district is created and enter the result in its minutes.
39	41		If a majority of the votes cast in the election are against the
40	42		creation of the district, the temporary board shall declare that
41	43		the district was defeated and enter the result in its minutes. A
42	44		copy of the order shall be filed with the commission not later than
43	45		the 30th day after the date of the election.
44	46		(f) The order canvassing the results of the confirmation
45	47		election shall contain a description of the district's boundaries
46	48		and shall be filed with the executive director and in the deed
47	49		records of the county or counties in which the district is located
48	50		not later than the 30th day after the date of the election.
49	51		SECTION 3. Section 49.195(a), Water Code, is amended to
50	52		read as follows:
51	53		(a) The executive director may review the audit report of
52	54		each district. After reviewing the audit report, the executive
53	55		director may request additional information from the district. The
54	56		district shall provide the additional information not later than
55	57		the 60th day after the date the request was received, unless the
56	58		executive director extends the time allowed for the district to
57	59		provide additional information for good cause.
58	60		SECTION 4. Section 49.196(a), Water Code, is amended to
59	61		read as follows:
60	62		(a) The executive director may review and investigate a
61	63		district's financial records and may conduct an on-site audit of a
62	64		district's financial information. The executive director shall
63	65		have access to all vouchers, receipts, district fiscal and
64	66		financial records, and other district records the executive
65	67		director considers necessary.
66		-	SECTION 5. This Act takes effect September 1, 2019.
67		-	______________________________ ______________________________
68		-	President of the Senate Speaker of the House
69		-	I hereby certify that S.B. No. 911 passed the Senate on
70		-	May 7, 2019, by the following vote: Yeas 31, Nays 0;
71		-	May 23, 2019, Senate refused to concur in House amendments and
72		-	requested appointment of Conference Committee; May 23, 2019, House
73		-	granted request of the Senate; May 26, 2019, Senate adopted
74		-	Conference Committee Report by the following vote: Yeas 31,
75		-	Nays 0.
76		-	______________________________
77		-	Secretary of the Senate
78		-	I hereby certify that S.B. No. 911 passed the House, with
79		-	amendments, on May 22, 2019, by the following vote: Yeas 137,
80		-	Nays 7, two present not voting; May 23, 2019, House granted request
81		-	of the Senate for appointment of Conference Committee;
82		-	May 26, 2019, House adopted Conference Committee Report by the
83		-	following vote: Yeas 146, Nays 0, one present not voting.
84		-	______________________________
85		-	Chief Clerk of the House
86		-	Approved:
87		-	______________________________
88		-	Date
89		-	______________________________
90		-	Governor
	68	+	SECTION 5. Title 2, Water Code, is amended by adding
	69	+	Subtitle G to read as follows:
	70	+	SUBTITLE G. MISCELLANEOUS PROVISIONS
	71	+	CHAPTER 39. STANDARDS FOR SUPERVISION OF WATER DISTRICTS IN
	72	+	CERTAIN AREAS
	73	+	Sec. 39.0101. STANDARDS FOR SURFACE WATER AND GROUNDWATER
	74	+	MANAGEMENT IN CERTAIN AREAS. (a) This section applies to a county:
	75	+	(1) bordering the Rio Grande;
	76	+	(2) overlying the Edwards-Trinity Aquifer; and
	77	+	(3) with a population greater than 40,000.
	78	+	(b) To provide the best available science in the event a
	79	+	conservation and reclamation district is created under the
	80	+	authority of Section 59, Article XVI, Texas Constitution, in the
	81	+	area described by Subsection (a), the Texas Water Development
	82	+	Board, in coordination with the Texas Commission on Environmental
	83	+	Quality, shall adopt standards for water management by a
	84	+	conservation and reclamation district in the area described by
	85	+	Subsection (a).
	86	+	(c) Standards adopted under this section must address:
	87	+	(1) groundwater management; and
	88	+	(2) river and spring flow, including flow requirements
	89	+	for:
	90	+	(A) the Devil's River;
	91	+	(B) the Pecos River; and
	92	+	(C) San Felipe Springs.
	93	+	SECTION 6. This Act takes effect September 1, 2019.