HBA-SEP H.B. 2668 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2668
By: Christian
Natural Resources
3/15/2001
Introduced



BACKGROUND AND PURPOSE 

Current law does not require a person to obtain a permit before
transferring groundwater from one county to another.  As a result, local
water supply systems and counties may need to implement measures to protect
the volume and quality of local water supplies.  House Bill 2668 delegates
the power to regulate the transfer of groundwater to the Texas Natural
Resource Conservation Commission, the governing body of a water supply
system, and the commissioners court of the county. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Natural Resource Conservation
Commission in SECTION 1 (Sections 11.553 and 11.557, Water Code) of this
bill. 

ANALYSIS

House Bill 2668 amends the Water Code to provide that a person must obtain
a permit from the Texas Natural Resource Conservation Commission (TNRCC)
before increasing the amount of groundwater transferred from a county with
a population of 50,000 or less to another county under an existing
arrangement, or transferring groundwater from a county with a population of
50,000 or less to another county under a new arrangement.  A permit
application, for which the bill authorizes TNRCC to impose a fee, must
include information regarding the number and types of users of the
groundwater that is proposed to be transferred.  TNRCC must mail notice of
the application to certain parties, the cost of which is required to be
paid by the applicant.  The bill authorizes TNRCC to establish, by rule,
procedures for payment of the cost.  The applicant must publish notice of
the application once a week for two consecutive weeks in a newspaper of
general circulation in the participating counties.  If the application is
contested in a manner requiring an evidentiary hearing, TNRCC must give
notice and hold the hearing.  The bill requires TNRCC to consider specified
factors when determining whether to issue a permit. 

If TNRCC decides to issue a permit, TNRCC must mail written notice of its
intent to issue the permit to the water supply system that uses the
groundwater that is proposed to be transferred if the system is the only
user of that groundwater or, if not applicable, the commissioners court of
the county from which the groundwater is proposed to be transferred.  The
bill authorizes the governing body of the water supply system or the
commissioners court of the county to notify TNRCC in writing whether the
governing body or commissioners court approves the permit issuance.   

The bill authorizes TNRCC to issue a permit only if the commission receives
notice that the governing body of the water supply system or the
commissioners court of the county, as applicable, approves the issuance of
the permit or if TNRCC does not receive notice within 30 days after the
date TNRCC mails notice of its intent to issue the permit.  The bill
requires the permit to specify the amount of groundwater that is authorized
to be transferred from the county and the period for which the groundwater
is authorized to be transferred.   

The bill authorizes TNRCC to adopt rules as necessary to implement this
subchapter. 
 
EFFECTIVE DATE

September 1, 2001.