BILL ANALYSIS Senate Research Center S.B. 1663 89R10648 KRM-D By: Zaffirini Water, Agriculture and Rural Affairs 4/2/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In 2025, the Texas Groundwater Protection Committee (TGPC) recommended that the 89th Legislature authorize the Texas Commission on Environmental Quality (TCEQ) to use any direct means to notify private drinking water well owners and applicable groundwater conservation districts of known groundwater contamination. Under current law, TCEQ can notify these well owners and conservation districts, but only via first-class mail. TCEQ, however, does not have the authority to directly notify residents of the surrounding community who may also be impacted. Instead, the agency reports contamination findings to the legislature biennially, delaying public awareness and response. S.B. 1663 would implement the TGPC recommendation by allowing TCEQ to notify private drinking water well owners and applicable groundwater conservation districts through any direct means, including postal mail, electronic mail, and door hangers. What's more, S.B. 1663 would expand notification requirements beyond the TGPC recommendation by requiring TCEQ to directly notify residents within one mile of a known contamination site. This notification would occur as soon as practicable, but no later than 30 days after TCEQ receives notice or obtains knowledge of the contamination. By ensuring timely and direct notification, S.B. 1663 would allow affected residents to take necessary precautions to protect themselves and their families from contaminated water sources as quickly as possible. As proposed, S.B. 1663 amends current law relating to notification procedures concerning groundwater contamination. [Note: While the statutory reference in this bill is to the Texas Natural Resource Conservation Commission (TNRCC), the following amendments affect TCEQ, as the successor agency to TNRCC.] RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 26.408(b), Water Code, as follows: (b) Requires the Texas Natural Resource Conservation Commission (TNRCC), as soon as practicable but not later than the 30th day after the date TNRCC receives notice under Subsection (a) (relating to requiring a state agency, if the state agency documents a case of groundwater contamination that may affect a drinking water well, to notify TNRCC) or obtains independent knowledge of groundwater contamination, to make every effort to give notice of the contamination by first class mail, e-mail, notice placed on the door of a residence, or another effective delivery method to certain persons and entities, including the residents of each residential address within one mile of the site of the contamination. Makes nonsubstantive changes. SECTION 2. Effective date: September 1, 2025. BILL ANALYSIS Senate Research Center S.B. 1663 89R10648 KRM-D By: Zaffirini Water, Agriculture and Rural Affairs 4/2/2025 As Filed Senate Research Center S.B. 1663 89R10648 KRM-D By: Zaffirini Water, Agriculture and Rural Affairs 4/2/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In 2025, the Texas Groundwater Protection Committee (TGPC) recommended that the 89th Legislature authorize the Texas Commission on Environmental Quality (TCEQ) to use any direct means to notify private drinking water well owners and applicable groundwater conservation districts of known groundwater contamination. Under current law, TCEQ can notify these well owners and conservation districts, but only via first-class mail. TCEQ, however, does not have the authority to directly notify residents of the surrounding community who may also be impacted. Instead, the agency reports contamination findings to the legislature biennially, delaying public awareness and response. S.B. 1663 would implement the TGPC recommendation by allowing TCEQ to notify private drinking water well owners and applicable groundwater conservation districts through any direct means, including postal mail, electronic mail, and door hangers. What's more, S.B. 1663 would expand notification requirements beyond the TGPC recommendation by requiring TCEQ to directly notify residents within one mile of a known contamination site. This notification would occur as soon as practicable, but no later than 30 days after TCEQ receives notice or obtains knowledge of the contamination. By ensuring timely and direct notification, S.B. 1663 would allow affected residents to take necessary precautions to protect themselves and their families from contaminated water sources as quickly as possible. As proposed, S.B. 1663 amends current law relating to notification procedures concerning groundwater contamination. [Note: While the statutory reference in this bill is to the Texas Natural Resource Conservation Commission (TNRCC), the following amendments affect TCEQ, as the successor agency to TNRCC.] RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 26.408(b), Water Code, as follows: (b) Requires the Texas Natural Resource Conservation Commission (TNRCC), as soon as practicable but not later than the 30th day after the date TNRCC receives notice under Subsection (a) (relating to requiring a state agency, if the state agency documents a case of groundwater contamination that may affect a drinking water well, to notify TNRCC) or obtains independent knowledge of groundwater contamination, to make every effort to give notice of the contamination by first class mail, e-mail, notice placed on the door of a residence, or another effective delivery method to certain persons and entities, including the residents of each residential address within one mile of the site of the contamination. Makes nonsubstantive changes. SECTION 2. Effective date: September 1, 2025.