By: Romero H.B. No. 5493
A BILL TO BE ENTITLED
AN ACT
relating to the diversion and discharge of water for desalination.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 18, Water Code, is amended by adding
Section 18.006 to read as follows:
Sec. 18.006. DIVERSION AND DISCHARGE OF WATER FOR
DESALINATION STUDY. (a) The commission shall conduct a joint study
with the Parks and Wildlife Department and the General Land Office
to determine the appropriateness of diversion of water from a bay or
an arm of the Gulf of America for desalination, and identify
specific factors and tolerances that are appropriate for the
discharge of waste from desalination of treated marine seawater or
brackish water in a bay or an arm of the Gulf of America, taking into
account the need to protect marine organisms, local industries that
depend on these coastal resources, and the overall ecological and
health of the bays. The study shall include, but is not limited to,
the following factors:
(1) acceptable brine concentrate salinity;
(2) toxicity of brine concentrate;
(3) ambient temperature of brine concentrate;
(4) velocity within the mixing zone;
(5) cumulative volume of discharge relative to bay
circulation and exchange;
(6) location factors for discharges to minimize:
(i) potential detrimental impacts on marine
organisms, and
(ii) potential impairment of benefits to marine
organisms from freshwater inflows.
(b) Not later than September 1, 2026, the commission shall
complete a report on the results of the study. The report must
include, if diversion is determined to be appropriate in any bay or
arm of the Gulf of America, recommended tolerances by location for
each factor listed in subsection (a), any other factors necessary
to protect marine organisms and local industry dependent on those
resources in a specific location from impacts of such diversions
and discharges, and a standardized modeling application for permit
applications.
(c) Not later than September 1, 2027, the commission by rule
shall:
(1) determine if diversion for desalination is allowable in
a bay or an arm of the Gulf of Mexico and,
(2) designate appropriate locations, factors, and
tolerances for discharge of waste resulting from the desalination
of treated marine seawater or brackish water in a bay or an arm of
the Gulf of America under this chapter and Chapter 26; and
(3) designate a standardized modeling approach and
application for permit applications for desalination with a
proposed discharge point located in a bay or an arm of the Gulf of
America under this chapter or Chapter 26.
(d) Until the commission adopts rules under Subsection (b),
a person must consult the Parks and Wildlife Department and the
General Land Office regarding the point or points from which a
facility the person proposes to construct may divert or discharge
marine seawater or brackish water before submitting an application
for a permit for the facility under this chapter, Chapter 11, or
Chapter 26 or before beginning construction of the facility if the
diversion or discharge is proposed for a bay or arm of the Gulf of
America. An accurate summary of the results of the consultation
process must be included as part of the application and considered
by the commission in its decision process.
SECTION 2. This Act takes effect September 1, 2025.