1. Legislative Review
Stacey A. Steinbach
Texas Water Conservation Association
Mid Year Conference
June 21, 2013

2. Session Generally
• Total house and senate bills filed: 5868 (5796)
• Total house and senate bills passed: 1437 (1379)
• Number of bills referred to HNRC: 214 bills
• Number of bills referred to SNRC: 196 bills
• Number of “water” bills: 128 (Texas Tribune)
• Number of bills tracked by TAGD: 164

3. Additional Passed Bills

4. Groundwater-Related Bills
• HB 1563: fees of office for GCD Board
increased from $150 to $250/day; cap
still $9,000
• SB 1282: DFC proposal deadline
extended to May 1, 2016

5. New/Revived GCDs
• Calhoun County GCD (confirmation
election date extended)
• Reeves County GCD
• Deep East Texas GCD (Shelby, San
Augustine, and Sabine)

6. SB 1: Appropriations
• $1 million in 2014 for water conservation
education grants
• $1.8 million/year in 2014 and 2015 to TAWC for
Ogallala demonstration project
• $1.5 million/year in 2014 and 2015 to GCDs for
agricultural water conservation (GCD must
require meters; funds offset 50% of meter costs)

7. Water Conservation Bills
• HB 857: retail public utilities serving > 3,300
connections/receiving financial assistance from
TWDB must conduct annual water loss audit
(other RPUs still on 5 year schedule)
• HB 1461: required notification of water loss to
customers

8. Water Conservation Bills
• HB 3604: required implementation of WCPs and
DCPs when emergency declared; TCEQ can enforce
• HB 3605:
– Portion of assistance must mitigate water loss, if
applicable
– TWDB to review WCP compliance for financial assistance
applications from retail public utilities serving > 3,300

9. Water Conservation Bills
• SB 654: municipality may bring civil action
for enforcement of ordinance relating to
water conservation
• SB 198: HOAs may not prohibit xeriscaping
• HB 2781: rainwater harvesting systems

10. More Water Bills
• HB 252: RPUs must notify TCEQ when <
180 days of water
• HB 1973: municipality may adopt TCEQ
fire flow standards for an IOU or WSC
providing service in city/ETJ
• HB 2362: LBB may review river authorities

11. Open Meetings Bills
• HB 2414/SB 984: General videoconference meetings
(different language; presiding member present)
• SB 293: “water districts” covering 3+ counties may
hold a meeting via telephone or video conference
• SB 471: betamax bill
• SB 1297: public officials may communicate via
message boards visible to public (also HB 2414)

12. Public Information Bills
• SB 983: In camera review of information at
issue in a public information lawsuit
• SB 1368: Public information as related to
contracts between non-government
entities and government entities

13. Notable Vetoes
• HB 3509: Endangered species habitat
conservation (vetoed)
• SB 1: $1.5 million to HARC for “water
aquifer research”
• HB 1160: transfer of CCN (Blue Mound
water system condemnation)

14. What DIDN’T Pass
(Groundwater Edition)

15. Groundwater Desalination
• Definition of brackish groundwater
• Original bills would have eliminated or
constrained GCD jurisdiction
• CSHB 2578 addressed major issues;
questions remained for some stakeholders

16. Oil & Gas Groundwater Exemption
• 36.117(b)(2): solely to supply water for a rig that is
actively engaged in drilling or exploration operations
for an oil or gas well...
• Three bills filed (Hegar, Uresti, Keffer)
• CSSB 873 added “interim permit” concept and
addressed many stakeholder concerns; made it to HNRC

17. Long-Term Permitting
• Three main components:
– Automatic renewals if no conditions change
– GCDs can “open up” permits if certain conditions
change
– GCDs cannot implement cutbacks arbitrarily
• Devil’s in the details

18. Well Construction/Well Drillers
• SB 1387: codified TDLR apprentice program;
contemplated third party inspectors (including GCDs) to
assist with enforcement
• SB 1249: Well driller must notify TDLR/landowner of
problematic wells; report re corrective action must be
filed with TDLR and GCD board

19. Questions?
Stacey Steinbach
stacey@texasgroundwater.org
(512) 522-8243