| 1 | 1 | | 87R9558 MP-F |
|---|
| 2 | 2 | | By: Eckhardt S.B. No. 1723 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to recommendations made by the Parks and Wildlife |
|---|
| 8 | 8 | | Department and intervention by the Parks and Wildlife Department in |
|---|
| 9 | 9 | | matters regarding certain permits. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 12.024, Parks and Wildlife Code, is |
|---|
| 12 | 12 | | amended to read as follows: |
|---|
| 13 | 13 | | Sec. 12.024. WATER PERMIT RESPONSIBILITIES. (a) The Texas |
|---|
| 14 | 14 | | Commission on Environmental Quality [Department of Water |
|---|
| 15 | 15 | | Resources] shall furnish to the department a copy of all permit |
|---|
| 16 | 16 | | applications to store, take, or divert water. |
|---|
| 17 | 17 | | (b) The department shall make recommendations to the Texas |
|---|
| 18 | 18 | | Commission on Environmental Quality and the Texas [Department of] |
|---|
| 19 | 19 | | Water Development Board [Resources] to protect fish and wildlife |
|---|
| 20 | 20 | | resources, including permit conditions, mitigation, and schedules |
|---|
| 21 | 21 | | of flow or releases. In a proceeding for an individual water right |
|---|
| 22 | 22 | | governed by environmental flow standards, the department may not |
|---|
| 23 | 23 | | make a recommendation for a schedule of flow or releases that is in |
|---|
| 24 | 24 | | conflict with the applicable standards. |
|---|
| 25 | 25 | | (c) Notwithstanding Section 5.115(b), Water Code, the [The] |
|---|
| 26 | 26 | | department: |
|---|
| 27 | 27 | | (1) shall be, on its request, granted a hearing or made |
|---|
| 28 | 28 | | a full party in any hearing on an application for a permit to store, |
|---|
| 29 | 29 | | take, or divert water that is subject to notice and opportunity for |
|---|
| 30 | 30 | | hearing; and |
|---|
| 31 | 31 | | (2) may request a hearing and full party status on a |
|---|
| 32 | 32 | | permit or authorization under review by the Texas Commission on |
|---|
| 33 | 33 | | Environmental Quality that: |
|---|
| 34 | 34 | | (A) is subject to notice and opportunity for |
|---|
| 35 | 35 | | hearing; and |
|---|
| 36 | 36 | | (B) may adversely affect property or wildlife |
|---|
| 37 | 37 | | resources managed by the department. |
|---|
| 38 | 38 | | SECTION 2. Section 5.115(b), Water Code, is amended to read |
|---|
| 39 | 39 | | as follows: |
|---|
| 40 | 40 | | (b) At the time an application for a permit or license under |
|---|
| 41 | 41 | | this code is filed with the executive director and is |
|---|
| 42 | 42 | | administratively complete, the commission shall give notice of the |
|---|
| 43 | 43 | | application to any person who may be affected by the granting of the |
|---|
| 44 | 44 | | permit or license. A state agency that receives notice under this |
|---|
| 45 | 45 | | subsection may submit comments to the commission in response to the |
|---|
| 46 | 46 | | notice but, except as expressly authorized by other law, may not |
|---|
| 47 | 47 | | contest the issuance of a permit or license by the commission. For |
|---|
| 48 | 48 | | the purposes of this subsection, "state agency" does not include a |
|---|
| 49 | 49 | | river authority. |
|---|
| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2021. |
|---|