HBA-RBT H.B. 3131 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3131
By: Chisum
Natural Resources
3/22/1999
Introduced



BACKGROUND AND PURPOSE 

All water flowing in Texas watercourses, both navigable and non-navigable,
is property of the state. A number of municipalities have been sued by
downstream private property owners for a taking of private property due to
the presence of treated wastewater in a non-navigable watercourse crossing
that person's property.  H.B. 3131 clarifies that a state permitted
discharge into a non-navigable watercourse requires no further legal
authorization even though the non-navigable watercourse may cross private
property prior to entering a navigable watercourse. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11.042(c), Subchapter B, Chapter 11, Water Code,
to require water, including treated wastewater, discharged into a
watercourse in accordance with the conditions of a discharge permit issued
by the Texas Natural Resource Conservation Commission to require no other
public or private authorization to use the watercourse for such purpose. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.