H.B. No. 2225
AN ACT
relating to the powers and duties of the Parks and Wildlife
Department regarding the Texas Water Trust.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 12, Parks and Wildlife
Code, is amended by adding Section 12.028 to read as follows:
Sec. 12.028. POWERS AND DUTIES REGARDING TEXAS WATER TRUST.
(a) In this section, "Texas Water Trust" means the trust
established under Section 15.7031, Water Code.
(b) Consistent with Section 11.0235(b), Water Code, and the
department's duties and responsibilities, the department shall
encourage and facilitate the dedication of water rights in the
Texas Water Trust through lease, donation, purchase, or other means
of voluntary transfer for environmental needs, including for the
purpose of maintaining or improving:
(1) instream flows;
(2) water quality;
(3) fish and wildlife habitat; and
(4) bay and estuary inflows.
(c) The department may manage rights in the Texas Water
Trust in a manner that is consistent with:
(1) the manner in which a holder of the rights may
manage the rights;
(2) the dedication of the rights, including the
dedication's terms and conditions;
(3) Sections 11.0237, 11.027, and 11.122, Water Code;
and
(4) maximizing environmental benefits.
(d) This section may not be construed to authorize the
department to exercise any authority expressly granted to the Texas
Water Development Board or the Texas Commission on Environmental
Quality under Subchapter K, Chapter 15, Water Code.
SECTION 2. Section 15.7031, Water Code, is amended by
adding Subsection (e) to read as follows:
(e) The Parks and Wildlife Department may manage rights in
the trust:
(1) under a voluntary agreement with a rights holder;
and
(2) in the manner described by Section 12.028(c),
Parks and Wildlife Code.
SECTION 3. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2225 was passed by the House on April
14, 2021, by the following vote: Yeas 138, Nays 10, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2225 was passed by the Senate on May
21, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor