HBA-JRA H.B. 1789 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1789
By: Turner, Bob
State Recreational Resources
3/1/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a person is allowed to impound a certain amount of surface water
for domestic and livestock use without receiving a permit from the Texas
Natural Resource Conservation Commission, but not to use the impounded
water for any commercial activity other than livestock. As the ability of
agricultural producers to earn all their income from agriculture has
declined, many rural property owners have for a fee allowed individuals to
access their man-made ponds, stock tanks, and lakes for hunting and
fishing, and taken an active role in wildlife management to make their
property more attractive to hunters and fishermen.  H.B. 1789 authorizes
these impounded waters to be used without a permit for commercial or
noncommercial wildlife management, including fishing. 

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 11.142(a), Water Code, to authorize a person to
construct on a person's property, without obtaining a permit from the Texas
Natural Resource Conservation Commission, a dam or reservoir with normal
storage of not more than 200 acre-feet of water for commercial or
noncommercial wildlife management, including fishing, as well as for
domestic and livestock purposes.  Makes nonsubstantive changes. 

SECTION 2.  Amends Section 11.143(a), Water Code, to make conforming and
nonsubstantive changes. 

SECTION 3.  Amends the heading to Section 11.143, Water Code, as follows:

Sec. 11.143.  New title:  USE OF WATER FROM EXEMPT DAM OR RESERVOIR FOR
NONEXEMPT PURPOSES. 

SECTION 4.Emergency clause.
  Effective date: upon passage.