The summary provides high-level information about bills related to groundwater and water that were filed and passed during the 88th Texas Legislative Session: - Over 6,000 bills were filed this session, continuing an upward trend. Several key groundwater and local water bills passed both chambers and were sent to the Governor. - Passed bills include ones capping groundwater export fees, allowing petitions to change GCD rules, requiring groundwater availability on subdivision plats, and funding for the Texas Produced Water Consortium. - Several local groundwater bills also passed, including one establishing a well plugging grant program and another relating to mitigation fees. - While the session addressed many water issues, some ground

1. Legislative Debrief
88th Legislative Session
TAGD Business Meeting
June 6, 2023
Greg Ellis, GM Ellis Law Firm
Madison Huerta, Lloyd Gosselink
Leah Martinsson, TAGD

2. • Leadership
• Budget
• Themes
The Big Picture

3. Bills Filed/Passed
6,631
7,324
6,927
8,046
1211 1429
1073 1246
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
85th 86th 87th 88th

4. Referred Bills by Committee
114
113
64
99
0 50 100 150 200 250
House Natural Resources
Senate Water, Ag, and Rural Affairs
Reported from Committee Left in committee
212
total
178
total

5. TAGD Tracking
• 27 TAGD Actionable Groundwater Bills
– Supported 16
– Neutral on 7
– Opposed 4
• 16 GCD Local Bills
• 47 General Water Bills
• 62 Government Bills

6. Groundwater Bills - Passed
HB 1971 (Ashby/Springer) Relating to the
procedures for acting on a permit or permit
amendment application by a groundwater
conservation district and the disqualification of
board members of groundwater conservation
districts (sent to Governor)

7. Groundwater Bills - Passed
HB 3059 (King) Relating to the export fee charged
for the transfer of groundwater from a groundwater
conservation district (sent to Governor)
• New cap of 20 cents per 1,000 gallons
• Cap increases by 3% per year
• Limitation on use of export fees over 20 cent cap limited to
certain categories of activities
• District must hold public hearing before adopting an increase
• District fees can be used to maintain operability of wells

8. Groundwater Bills - Passed
HB 2443 (Harris) Relating to the authority of certain
persons to petition a groundwater conservation
district to change certain rules (sent to Governor)

9. Groundwater Bills - Passed
SB 2440 (Perry) Relating to a requirement that
certain plats for the subdivision of land include
evidence of groundwater supply (sent to Governor)
• Requires groundwater availability certifications by
municipalities and counties
• Waiver if determination that sufficient groundwater is and will
continue to be available based on credible evidence in the
vicinity AND
– Tract will be supplied by Carrizo-Wilcox or Gulf Coast
Aquifer OR
– Subdivision divides tract into 10 lots or less

10. Groundwater Bills - Passed
HB 3278 (Price) Relating to joint planning of desired
future conditions in groundwater management
areas (sent to Governor)

11. Groundwater Bills - Passed
SB 1746 (Perry) Relating to an exemption from the
requirement to obtain a permit from a groundwater
conservation district for certain temporary water
wells (sent to Governor)

12. Groundwater Bills - Passed
SB 1047 (Perry) Relating to funding and activities of
the Texas Produced Water Consortium (signed by
Governor, effective immediately)

13. Government Bills - Passed
HB 3440 (Canales) Relating to governmental bodies
required to post on the Internet agenda for
meetings under the open meetings law (sent to
Governor)

14. Government Bills - Passed
SB 1893 (Birdwell) Relating to prohibiting use of
certain social media applications and services on
devices owned or leased by governmental entities
(sent to Governor)

15. Government Bills - Passed
SB 232 (Hinojosa) Relating to the removal from
office of an officer of a political subdivision for
commission of certain criminal offenses (sent to
Governor)

16. Government Bills - Passed
HB 2815 (Jetton) Relating to the powers,
authorities, duties, and responsibilities of certain
conservation and reclamation districts …. (sent to
Governor)
• Various changes affecting Chapter 49 districts only

17. Groundwater Bills – Didn’t Pass
HB 2735 (King) Relating to security required
before filing suit against a groundwater
conservation district (did not pass)

18. Groundwater Bills – Didn’t Pass
HB 3990 (Kacal) Relating to a study of existing
surface water and groundwater interaction data
(did not pass)
HB 4891 (Rogers) Relating to the adoption and
achievement of desired future conditions for
aquifers by groundwater conservation districts
(did not pass)

19. Groundwater Bills – Didn’t Pass
HB 4532 (Kacal) Relating to consideration of
modeled sustained groundwater pumping in the
adoption of desired future conditions in
groundwater conservation districts (did not pass)
HB 5302 (Kacal) Relating to a petition for inquiry of
a groundwater conservation district before the
Texas Commission on Environmental Quality (did
not pass)

20. Groundwater Bills – Didn’t Pass
HB 4444 (King) Relating to the conservation and
waste of groundwater
HB 5052 (Gerdes) Relating to the criteria considered
by groundwater conservation districts before
granting or denying a permit

21. Groundwater Bills – Didn’t Pass
SB 156 (Perry) Relating to the regulation of
groundwater conservation districts (did not pass)
• Four original parts:
– Additional Permit Notice Requirement
– Petition to Change Rules (passed in HB 2443)
– Unreasonable DFCs
– Attorney’s Fees
• House CS removed attorney’s fees; added provisions
from HB 3059 (passed) 4444, 4532, 5052, 5302
– Did not meet deadline for House vote

22. Local Bills
HB 4256 (Murr) relating to the establishment of a
grant program to plug leaking water wells in certain
counties (sent to Governor)
• Pecos County/Boehmer Lake
• $10m appropriated
• Program through TCEQ with RRC involvement

23. Local Bills
SB 1080 (Kolkhorst) relating to a mitigation
program and fees for the Lost Pines Groundwater
Conservation District (sent to Governor)

24. Local Bills
A few others that passed:
• HB 1699 (Evergreen GCD)
• HB 3731 (Bandera Co. RAGD)
• SB 2052 (SE Texas GCD)
• SB 1745 (BSEACD)
• SB 2379 (Trinity ASR in WilCo)

25. Local Bills
And a few that didn’t:
• HB 1646 (Edwards Aquifer service area)
• HB 5025 (Hays Trinity GCD)
• SB 2570 (Webb County GCD)

26. Investing in Water
SB 28/SJR 75 (Perry/King) relating to financial
assistance provided and programs administered by
the Texas Water Development Board (sent to
Governor)

27. What’s Ahead
• Special Sessions
• Senate impeachment trial – begins Aug. 28
• The interim
– Charges from leadership (typically Oct/Nov/Dec)
– Hearings
– Committee interim reports

28. Questions?