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


Office of House Bill AnalysisC.S.H.B. 1789
By: Turner, Bob
State Recreational Resources
3/19/1999
Committee Report (Substituted)



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.  C.S.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 the management of
wildlife resources, as well as for domestic and livestock purposes.
Provides that "wildlife resources" has the meaning assigned by Section
61.005, Parks and Wildlife Code.  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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 by authorizing the
building of an unpermitted dam or reservoir to be used for the management
of wildlife resources, rather than for commercial or noncommercial wildlife
management, as well as for domestic and livestock purposes.  Defines
"wildlife resources."