87R9558 MP-F
By: Eckhardt S.B. No. 1723
A BILL TO BE ENTITLED
AN ACT
relating to recommendations made by the Parks and Wildlife
Department and intervention by the Parks and Wildlife Department in
matters regarding certain permits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.024, Parks and Wildlife Code, is
amended to read as follows:
Sec. 12.024. WATER PERMIT RESPONSIBILITIES. (a) The Texas
Commission on Environmental Quality [Department of Water
Resources] shall furnish to the department a copy of all permit
applications to store, take, or divert water.
(b) The department shall make recommendations to the Texas
Commission on Environmental Quality and the Texas [Department of]
Water Development Board [Resources] to protect fish and wildlife
resources, including permit conditions, mitigation, and schedules
of flow or releases. In a proceeding for an individual water right
governed by environmental flow standards, the department may not
make a recommendation for a schedule of flow or releases that is in
conflict with the applicable standards.
(c) Notwithstanding Section 5.115(b), Water Code, the [The]
department:
(1) shall be, on its request, granted a hearing or made
a full party in any hearing on an application for a permit to store,
take, or divert water that is subject to notice and opportunity for
hearing; and
(2) may request a hearing and full party status on a
permit or authorization under review by the Texas Commission on
Environmental Quality that:
(A) is subject to notice and opportunity for
hearing; and
(B) may adversely affect property or wildlife
resources managed by the department.
SECTION 2. Section 5.115(b), Water Code, is amended to read
as follows:
(b) At the time an application for a permit or license under
this code is filed with the executive director and is
administratively complete, the commission shall give notice of the
application to any person who may be affected by the granting of the
permit or license. A state agency that receives notice under this
subsection may submit comments to the commission in response to the
notice but, except as expressly authorized by other law, may not
contest the issuance of a permit or license by the commission. For
the purposes of this subsection, "state agency" does not include a
river authority.
SECTION 3. This Act takes effect September 1, 2021.