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.