| 3 | 5 | | |
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| 4 | 6 | | |
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| 5 | 7 | | A BILL TO BE ENTITLED |
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| 6 | 8 | | AN ACT |
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| 7 | 9 | | relating to recommendations made by the Parks and Wildlife |
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| 8 | 10 | | Department and intervention by the Parks and Wildlife Department in |
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| 9 | 11 | | matters regarding certain permits. |
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| 10 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 13 | | SECTION 1. Section 12.024, Parks and Wildlife Code, is |
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| 12 | 14 | | amended to read as follows: |
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| 13 | 15 | | Sec. 12.024. WATER PERMIT RESPONSIBILITIES. (a) The Texas |
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| 14 | 16 | | Commission on Environmental Quality [Department of Water |
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| 15 | 17 | | Resources] shall furnish to the department a copy of all permit |
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| 16 | 18 | | applications to store, take, or divert water. |
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| 17 | 19 | | (b) The department shall make recommendations to the Texas |
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| 18 | 20 | | Commission on Environmental Quality and the Texas [Department of] |
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| 19 | 21 | | Water Development Board [Resources] to protect fish and wildlife |
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| 20 | 22 | | resources, including permit conditions, mitigation, and schedules |
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| 21 | 23 | | of flow or releases. In a proceeding for an individual water right |
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| 22 | 24 | | governed by environmental flow standards, the department may not |
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| 23 | 25 | | make a recommendation for a schedule of flow or releases that is in |
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| 24 | 26 | | conflict with the applicable standards. |
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| 25 | 27 | | (c) Notwithstanding Section 5.115(b), Water Code, the [The] |
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| 26 | 28 | | department: |
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| 27 | 29 | | (1) shall be, on its request, granted a hearing or made |
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| 28 | 30 | | a full party in any hearing on an application for a permit to store, |
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| 29 | 31 | | take, or divert water that is subject to notice and opportunity for |
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| 30 | 32 | | hearing; and |
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| 31 | 33 | | (2) may request a hearing and full party status on a |
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| 32 | 34 | | permit or authorization under review by the Texas Commission on |
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| 33 | 35 | | Environmental Quality that: |
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| 34 | 36 | | (A) is subject to notice and opportunity for |
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| 35 | 37 | | hearing; and |
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| 36 | 38 | | (B) may adversely affect property or fish and |
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| 37 | 39 | | wildlife resources managed by the department. |
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| 38 | 40 | | SECTION 2. Section 5.115(b), Water Code, is amended to read |
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| 39 | 41 | | as follows: |
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| 40 | 42 | | (b) At the time an application for a permit or license under |
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| 41 | 43 | | this code is filed with the executive director and is |
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| 42 | 44 | | administratively complete, the commission shall give notice of the |
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| 43 | 45 | | application to any person who may be affected by the granting of the |
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| 44 | 46 | | permit or license. A state agency that receives notice under this |
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| 45 | 47 | | subsection may submit comments to the commission in response to the |
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| 46 | 48 | | notice but, except as expressly authorized by other law, may not |
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| 47 | 49 | | contest the issuance of a permit or license by the commission. For |
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| 48 | 50 | | the purposes of this subsection, "state agency" does not include a |
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| 49 | 51 | | river authority. |
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| 50 | 52 | | SECTION 3. This Act takes effect September 1, 2021. |
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