HBA-RBT, NMO C.S.S.B. 1311 76(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1311
By: Brown
Natural Resources
5/13/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

The 75th Texas Legislature enacted legislation establishing a comprehensive
framework for the development and management of the state's water
resources.   Follow-up legislation may be needed to consolidate the
emergency and enforcement provisions of the Texas Natural Resource
Conservation Commission,  provide for coordinated management planning
districts within the same priority groundwater management area, streamline
the issuance of temporary water rights permits, distinguish the issuance of
an emergency water right from an emergency transfer of water, and address
certain other issues.  C.S.S.B. 1311 amends the Water Code and the Health
and Safety Code to address these issues. 

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 (TNRCC) in SECTION 6 (Sections 5.517 and 5.518,
Water Code) and SECTION 22 (Section 11.138, Water Code), of this bill.  It
is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to TNRCC is modified in SECTION 2 (Section
5.103, Water Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 5.102(a), Water Code, to provide that the Texas
Natural Resource Conservation Commission (TNRCC) has the powers to perform
any acts whether specifically authorized by this code or other law or
necessarily implied, rather than implied, by this code or other law, in
order, rather than necessary and convenient, to exercise its jurisdiction
and powers as provided by this code and other laws.  Makes conforming
changes. 

SECTION 2.  Amends Section 5.103, Water Code, by adding Subsection (d), as
follows: 

(d) Requires TNRCC, in adopting a rule, to cite the statute granting the
specific regulatory authority to be exercised under the proposed rule.
Provides that citation to this section (Rules) or Section 5.013 (General
Jurisdiction of  Commission) does not fulfill TNRCC's obligation under this
section. 

SECTION 3.  Amends Section 5.504(a), Water Code, to require that an
emergency order issued under Section 5.517 or 5.518 set a time for the
hearing not later than the 20th day after the date the emergency order is
issued. 

SECTION 4.  Amends Section 5.507, Water Code, to make a conforming change.

SECTION 5.  Amends Section 5.508(a), Water Code, to make a conforming
change.  

SECTION 6.  Amends Subchapter L, Chapter 5, Water Code, by adding Sections
5.517, 5.518, 5.519, and 5.520, as follows:  

Sec. 5.517.  EMERGENCY PERMIT TO DIVERT AND USE WATER; AMENDMENT TO WATER
RIGHT.  (a) Authorizes the TNRCC, except as provided by Section 5.506
(Emergency Suspension of Permit Condition Relating to Beneficial Inflows to
Affected Bays and Estuaries and Instream Uses) and after notification to
the governor, to issue by  emergency order a permit to divert and use water
or amend  an existing permit, certified filing, or certificate of
adjudication for an initial period not to exceed 120 days if TNRCC finds
that emergency conditions exist that override the necessity to comply with
established statutory procedures and there is no feasible alternative to
the emergency authorization. Authorizes the renewal of an emergency
authorization once for a period not to exceed 60 days. 

(b) Authorizes the executive director of TNRCC (executive director) to
issue an emergency order if an imminent threat to the public health and
safety that requires emergency action before TNRCC can take action under
Subsection (a) and there is no feasible alternative. Requires TNRCC, if the
executive director issues an emergency order under this subsection, to hold
hearing as provided  for in Section 5.504 (Hearing to Affirm, Modify, or
Set Aside Order) as soon as practicable but not later than 20 days after
issuance of the order to affirm, modify, or set aside the order.  

(c) Provides that the notice requirements of Section 11.132 (Notice)
relating to the time for notice, newspaper notice, and method of giving a
person notice do not apply to a hearing held on an application for an
emergency order under this section.  Requires TNRCC to give the general
notice of the hearing that it considers practicable under the
circumstances.  

(d) Authorizes TNRCC to adopt rules and impose fees necessary to carry out
the provisions of this section.   

(e)  Provides that an emergency order under this section does not vest in
the grantee any right to the diversion, impoundment, or use of water and
expires by its terms. 

Sec. 5.518. EMERGENCY ORDER FOR TEMPORARY TRANSFER OF USE OF WATER RIGHT.
(a) Authorizes TNRCC by emergency order to grant the temporary transfer and
use of all or part of a surface water right for other than domestic or
municipal use to a retail or wholesale water supplier for public health and
safety purposes.  

(b) Authorizes TNRCC to direct the applicant to timely pay the amounts for
which the applicant may be potentially liable under this section and to
fully indemnify and hold harmless the state, executive director, and TNRCC
from any and all liability for the order sought.  Authorizes TNRCC to order
bond or other surety in a form acceptable to TNRCC as a condition for an
emergency order under this section.  Prohibits TNRCC from granting an
emergency authorization under this section that would cause a violation of
a federal regulation.  

(c) Requires the executive director or TNRCC, in transferring the amount of
water requested by the applicant, to allocate the requested amount among
two or more permits, certified filings, or certificates of adjudication for
a use other than domestic, municipal, or electric generation. 

(d) Provides that a person granted an emergency authorization under this
section is liable to the owner from whom the use is transferred and for any
damages proximately caused by the transfer of use. Authorizes either party
to file a complaint with TNRCC to determine the amount due, if, within 60
days of the termination of the order, the parties do not agree on the
amount due, or if full payment is not made.   

(e) Requires TNRCC, by rule, to establish a dispute resolution procedure
for a complaint filed under this section.  Authorizes an owner from whom
the use is transferred to file suit to recover or determine the amount due
in a district court in the county where the owner resides or has its
headquarters.  Entitles the prevailing party in a suit filed under this
subsection to recover court cost and reasonable attorney's fees.  

Sec. 5.519. EMERGENCY WORKS SAFETY ORDER. Authorizes TNRCC to issue a
mandatory or prohibitory emergency order directing the owner of a dam,
levee, or other  water-storage or flood-control work to repair, modify,
maintain, dewater, or remove a work if TNRCC finds certain conditions
exist. 

Sec. 5.520. EMERGENCY ORDER FOR OPERATION OF UTILITY THAT DISCONTINUES
OPERATION OR IS REFERRED FOR APPOINTMENT OF RECEIVER. Authorizes TNRCC to
issue an emergency order appointing a willing person to temporarily manage
and operate a utility under Section 7.404.  Provides that notice of the
action is adequate if the notice is mailed or hand delivered to the last
known address of the utility's headquarters. 

SECTION 7. Amends Section 7.004, Water Code, to provide that nothing in
this chapter affects the right of a political subdivision that has a
justiciable interest, in addition to a private corporation or individual,
to pursue any available common law remedy to enforce a right, in addition
to abate a condition of pollution or other nuisance, to recover damages to
enforce a right, or to prevent or seek redress or compensation for
violation of a right or otherwise redress an injury. 

SECTION 8. Amends Subchapter B, Chapter 7, Water Code, by adding Section
7.034, as follows: 

Sec. 7.034. ATTORNEY'S FEES; COSTS.  Authorizes a district court to award
the cost of litigation, including reasonable attorney's fees and expert
costs, to any political subdivision of the state, private corporation, or
individual that is a water right holder and that prevails in a suit for
injunctive relief to redress an unauthorized diversion, impoundment, or use
of surface water in violation of Chapter 11 (Water Rights) or a rule
adopted under Chapter 11. 

SECTION 9.  Amends Section 7.051(b), Water Code, to provide that this
subchapter (Administrative Penalties) does apply to Section 16.236
(Construction of Levee Without Approval of Plans; Levee Safety).  Deletes
language that provides that this subchapter does not apply to Chapters 11
(Water Rights), 13 (Water Rates and Services) or 36 (Groundwater
Conservation Districts), Water Code, or Chapter 341 (Minimum Standards of
Sanitation and Health Protection Measures), Health and Safety Code.  Makes
a conforming change. 

SECTION 10. Amends Section 7.052, Water Code, to prohibit the amount of the
penalty for a violation under Chapter 11 from exceeding $5,000 a day for
each violation.  Prohibits the penalty for a violation of a rule or order
adopted under Section 16.236 from exceeding $1,000 a day for each
violation.  Prohibits the amount of a penalty for a violation under Chapter
341, Health and Safety Code, from being less than $50 or more than $1,000
for each violation.  Makes conforming changes. 

SECTION 11. Amend Section 7.054, Water Code, to provide that a report
regarding a possible violation under Chapter 11 must state the facts on
which the conclusion was based and recommend the amount of any penalty.
Requires the executive director to base the recommended amount of the
proposed penalty on the factors provided by Section 7.053 and to analyze
each factor for the benefit of TNRCC. 

SECTION 12. Amends Section 7.069, Water Code, to require a penalty
collected under this subchapter from a public utility to be paid to TNRCC
and deposited in the water utility improvement account as provided by
Section 341.0485 (Water Utility Improvement Account), Health and Safety
Code.  Makes conforming changes. 

SECTION 13. Amends Subchapter C, Chapter 7, Water Code, by adding Section
7.076, as follows: 

Sec. 7.076. COMPROMISE, MODIFICATION, OR REMISSION OF CERTAIN PENALTIES.
Authorizes TNRCC to compromise, modify, or remit, with or without
condition, any penalty imposed under this subchapter for a violation under
Chapter 11. 

SECTION 14. Amends Section 7.102, Water Code, to prohibit the amount of a
penalty for a violation of a rule under Section 12.052 (Dam Safety) from
exceeding $5,000.  Requires that a person who causes, suffers, allows, or
permits a violation of a statute, rule, order, or permit relating  to
Chapter 13 (Water Rates and Services), be assessed for each violation a
civil penalty not less than $100 nor greater than $5,000 for each day of
each violation as the court or jury considers proper. Makes conforming
changes. 

SECTION 15. Amends  Sections 7.105(a) and (c), Water Code, to authorize the
attorney general to initiate a suit for recovery of a penalty under this
section for a violation under Section 13.414 (Penalty Against Retail Public
Utility or Affiliated Interest).  Authorizes a suit to recover a penalty
for a violation of a rule or order issued by TNRCC under Section 12.052 to
be brought in Travis County.  Makes conforming changes. 

SECTION 16. Amends Subchapter D, Chapter 7, Water Code, by adding Section
7.1075, as follows:  

Sec. 7.1075. DISPOSITION OF PENALTY COLLECTED FROM PUBLIC UTILITY. Requires
that a penalty collected under this subchapter from a public utility be
paid to TNRCC and deposited in the water utility improvement account as
provided by Section 341.0485, Health and Safety Code.  

SECTION 17. Amends Subchapter D, Chapter 7, Water Code, by adding Section
7.112, as follows: 

Sec. 7.112. LIMITATION ON SUIT FOR VIOLATION OF SECTION 11.081.  Provides
that an action to collect the penalty provided by Section 7.102 for a
violation of Section 11.081 (Unlawful Use of State Water) must be brought
within two years from the date of the alleged violation.  

SECTION 18. Amends Section 7.351, Water Code, to make a conforming change.

SECTION 19.  Amends Section 11.0843(a), to make conforming and
nonsubstantive changes. 

SECTION 20.  Amends Section 11.085, Water Code, by adding Subsection (w),
as follows: 

(w) Provides that the requirements of this section (Interbasin Transfers)
apply to the transfer of water from one river basin to another regardless
of whether all or any part of the water right, permit, certified filing, or
certificate of adjudication under which the water is authorized to be used
is also transferred. 

SECTION 21.  Amends Section 11.134(c), Water Code, to prohibit TNRCC,
beginning January 5, 2002, rather than September 1, 2001,  from issuing a
water right for municipal purposes in certain regions. 

SECTION 22. Amends Section 11.138(a), Water Code, to authorize TNRCC, by
rule, to authorize the beneficial use, without a permit, of not more than
25 acre-feet of water, for a term not to exceed one year, if the diversion
of water will not affect existing water right holders and the user of the
water registers the use with TNRCC in the manner required by TNRCC. 

SECTION 23. Amends Section 11.139, Water Code, to authorize TNRCC to grant
an emergency permit, order, or amendment to an existing permit, certified
filing, or certificate of adjudication under Subchapter L (Emergency and
Temporary Orders), Chapter 5 (Texas Natural Resource Conservation
Commission). Deletes existing text regarding emergency authorizations.
Makes a conforming change. 

SECTION 24.  Amends Section 11.142(a), Water Code, to provide that a person
who temporarily stores more than 200 acre-feet of water in a dam or
reservoir described by this subsection is not required to obtain a permit
for the dam or reservoir if the person can demonstrate that the person has
not stored in the dam or reservoir more than 200 acre-feet of water on
average in any 12-month period.  Makes a nonsubstantive change. 

SECTION 25.  Amends Section 11.146, Water Code, by adding Subsection (g),
as follows: 

(g) Provides that this section (Forfeitures and Cancellation of Permit for
Inaction) does  not apply to a permit that contemplates construction of a
reservoir designed for the storage of more than 75,000 acre-feet of water  

SECTION 26. Amends Section 11.173(b), Water Code, to provide that a permit,
certified filing, or certificate of adjudication or a portion of a permit,
certified filing, of certificate or adjudication is exempt from
cancellation under Subsection (a) of this section (Cancellation in Whole or
in Part) if it was obtained to meet demonstrated long-term public water
supply or electric generation needs as evidenced by a water management plan
developed by the holder and consistent with projections of future water
needs contained in the state water plan, or if it was obtained as the
result of the construction of a reservoir funded, in whole or in part, by
its holder as part of the holder's long-term planning. 

SECTION 27. Amends Section 11.177(b), Water Code, to make  conforming
changes.  

SECTION 28. Amends Sections 12.052(c), (d), (e), and (f), Water Code, to
make conforming and nonsubstantive changes.  

SECTION 29.  Amends Section 13.242(b), Water Code, to provide that a person
that violates this section is subject to the penalties described in
Subchapter C, Chapter 7. 

SECTION 30. Amends Chapter 7, Water Code, by adding Subchapter I, and
transfers Sections 13.412, 13.4131, and 13.4132, Water Code, to Subchapter
I, Chapter 7, Water Code, redesignated as Section 7.402, 7.403, and 7.404,
as follows: 

SUBCHAPTER I. RECEIVERSHIP; SUPERVISION 
OF CERTAIN UTILITIES

Sec. 7.401.  DEFINITION.  Defines, in this subchapter, "affiliated
interest" and "affiliate." 

Sec. 7.402. RECEIVERSHIP. Makes  conforming changes.

Sec. 7.403. SUPERVISION OF CERTAIN UTILITIES.  Authorizes TNRCC to require
the utility to meet, rather than abide by, conditions and requirements
prescribed by TNRCC and to obtain commission approval before taking an
action under Subdivision (1), rather than Subsection (b), of this
subsection.  Authorizes an action or transaction for which commission
approval is required by this section that occurs without commission
approval to be voided by TNRCC.  Deletes text regarding TNRCC's supervision
of a utility.  Makes conforming and nonsubstantive changes. 

Sec. 7.404. OPERATION OF UTILITY THAT DISCONTINUES OPERATION OR IS REFERRED
FOR APPOINTMENT OF RECEIVER.  Makes conforming changes. 

SECTION 31. Amends Section 13.414, Water Code, as follows: 

Sec. 13.414.  New title: VIOLATION BY RETAIL PUBLIC UTILITY OR AFFILIATED
INTEREST. Makes conforming changes. 

SECTION 32.  Amends Section 15.102(b), Water Code, to authorize the Texas
Water Development Board (board) to use the loan fund to provide grants for
projects that include the provision of, rather than the supplying of water
and wastewater services in economically distressed areas; and one or more
of the following projects, if the legislature appropriates money
specifically for that purpose: agricultural water conservation; weather
modification; brush control; or production of water in connection with an
oil or gas operation. 

SECTION 33.  Amends Section 15.4061(h), Water Code, to require the board to
require that regional water plans developed or revised under contracts
entered into under this section (Funding for Regional Water Plans) be made
available to the Texas Department of Agriculture (TDA), in addition to
TNRCC and the Texas Parks and Wildlife Department (TPW). 

 SECTION 34.  Amends Section 15.7031(c), Water Code, to authorize TDA to
provide input to TNRCC, as appropriate, during the review and approval
process for dedication of water rights. 

SECTION 35.  Amends Sections 16.012(c), (h), and (j), Water Code, as
follows: 

(c) Authorizes TDA to provide advice to the executive administrator of the
board, where appropriate, regarding any of the duties to be performed under
Subsection (b).  Subsection (b) relates to studies, investigations, and
surveys. 

(h) Deletes language that conditions the requiring of TNRCC to provide
water availability models on flows being at 75 and 50 percent of normal. 

(j) Makes a conforming change.

SECTION 36.  Amends Sections 16.051(a) and (d), Water Code, to require the
board to review and update the guidance principles, with input from TNRCC,
TDA, and TPW, as necessary, but at least every five years to coincide with
the five-year cycle for adoption of a new state water plan.  Makes
conforming changes.   

SECTION 37.  Amends Section 16.053, Water Code, by amending Subsections
(c), (e), (i), and (j), and by adding Subsection (l)-(o), as follows: 

(c) Authorizes, rather than requires, the initial coordinating body to
designate additional representatives to serve on the regional water
planning group.  Requires the initial coordinating body to designate
additional representatives if necessary to ensure adequate representation
from the interests comprising the region.  Requires the regional planning
group to maintain adequate representation from those interests.  Requires
that representatives of the board, TPW, and TDA serve as ex officio members
of each regional water planning group. 

(e) Requires each regional water planning group to submit to the board a
regional water plan that identifies certain sources, factors, and actions.
Makes conforming and nonsubstantive changes. 

(i) Requires the regional water planning groups to submit their adopted
regional water plans to the board by January 5, 2001, rather than September
1, 2000.  Makes a nonsubstantive change. 

(j) Makes conforming and nonsubstantive changes.

(l) Authorizes a political subdivision to contract with a regional water
planning group to assist the regional water planning group in developing or
revising a regional water plan. 

(m) Provides that a cause of action does not accrue against a regional
water planning group, a representative who serves on the regional water
planning group, or an employee of a political subdivision that contracts
with the regional water planning group under Subsection (l) for an act or
omission in the course and scope of the person's work relating to the
regional water planning group. 

(n) Provides that a regional water planning group, a representative who
serves on the regional water planning group, or an employee of a political
subdivision that contracts with the regional water planning group under
Subsection (l) is not liable for damages that may arise from an act or
omission in the course and scope of the person's work relating to the
regional water planning group. 

(o) Requires the attorney general, on request, to represent a regional
water planning group, a representative who serves on the regional water
planning group, or an employee of a political subdivision that contracts
with the regional water planning group under Subsection (l) in a suit
arising from an act or omission in the course and scope of the  person's
work relating to the regional water planning group. 

SECTION 38.  Amends Section 16.054(a), Water Code, to authorize the TDA to
provide input and assistance to water resource management, water
conservation, and drought planning. 

SECTION 39.  Amends 16.237(a), Water Code, to make conforming and
nonsubstantive changes. 

SECTION 40.  Amends Sections 17.871(2) and (6), Water Code, to redefine
"borrower district" and "lender district." 

SECTION 41.  Amends Subchapter J, Chapter 17, Water Code, by amending
Section 17.895, and adding Section 17.8955, as follows: 

Sec.  17.895.  CONSERVATION LOANS.  Provides that this section applies only
to a conservation loan from certain lender and borrower districts.  Deletes
a provision authorizing conservation loans for capital equipment or
materials, labor, preparation costs, and installation costs for preparing
and maintaining land to be used for brush control activities and for
implementing precipitation enhancement activities in areas of the state
where such activities would be, in the board's judgment, most effective.
Authorizes the board or lender districts to seek the advice of TDA
regarding the feasibility of a project for which a conservation loan is
sought.  Makes conforming changes. 

Sec.  17.8955.  CONSERVATION LOANS FOR BRUSH CONTROL AND PRECIPITATION
ENHANCEMENT.  Authorizes the board or lender districts to make conservation
loans for capital equipment or materials, labor, preparation costs, and
installation costs for preparing and maintaining land to be used for brush
control activities and for implementing precipitation enhancement
activities in areas of the state where such activities would be, in the
board's judgment, most effective.  Authorizes such a loan to be made by a
lender district to an individual borrower for use on private property or by
the board to a borrower district. 

SECTION 42.  Amends Section 26.0135(h), Water Code, to provide that
hydroelectric rights of facilities of less than five megawatts are not
subject to the assessment provided for in this section. 

SECTION 43.  Amends Section 26.121(a), Water Code, to provide that this
subdivision does not apply to any act under the jurisdiction of TDA. 

SECTION 44.  Amends Section 26.127, Water Code, to authorize the executive
director to enter into contracts or other agreements with TDA, on behalf of
and with the consent of the commission, for purposes of obtaining
laboratory services for water quality testing. 

SECTION 45.  Amends Section 35.007(e), Water Code, to authorize TDA to
provide input to the executive director for purposes of preparing the
report required by this section. 

SECTION 46.  Amends Chapter 35, Water Code, by adding Section 35.010, as
follows: 

Sec. 35.010. CREATION OF DISTRICTS ON PETITION AFTER DESIGNATION OF
PRIORITY GROUNDWATER MANAGEMENT AREA. Prohibits TNRCC from considering the
creation of a groundwater conservation district in a designated priority
groundwater management area before the conclusion of the next regular
session of the Texas Legislature following the designation unless the local
landowners have initiated a petition process under Chapter 36 for the
creation of a groundwater conservation district with a priority ground
water management area. 

SECTION 47. Amends Section 35.012, Water Code, by adding new Subsections
(c) and (d), redesignating existing Subsections (c)-(f) as Subsections
(e)-(h), and amending existing Subsection (d), as follows: 

(c) Requires TNRCC, not later than the 10th day after the date on which the
TNRCC  order designating a priority groundwater management area is issued,
to send a written notice of TNRCC's actions to each entity entitled to
notice.  Provides that the notice must include TNRCC's findings and
conclusions from the data and information considered in designating the
priority groundwater management area and TNRCC's recommendation regarding
the need for a groundwater conservation district in the priority
groundwater management area.  

(d) Requires the Texas Agricultural Extension Service, as soon as possible
after a TNRCC order designating a priority groundwater management area, to
begin an educational program within the area with the assistance and
cooperation of the Texas Water Development Board, TNRCC, other state
agencies, and existing districts to inform the residents of the status of
the area's water resources and management options including possible
formation of a district.   

(f) Redesignated from existing Subsection (d).  Deletes existing language
to make a conforming change.  

SECTION 48.  Amends Section 35.013(d), Water Code, to provide that the
board may administer certain educational programs with the cooperation and
assistance of TDA. 

SECTION 49.  Amends Section 36.014, Water Code, to make conforming changes.

SECTION 50.  Amends Section 36.015, Water Code, to make conforming changes.

SECTION 51.  Amends Section 36.0151, Water Code, as follows:

Sec. 36.0151. New title: NOTICE OF CREATION BY COMMISSION OF DISTRICT FOR
PRIORITY GROUNDWATER MANAGEMENT AREA.  Makes conforming changes. 

SECTION 52.  Amends Section 36.051, Water Code, by amending Subsections (b)
and (c), and adding Subsection (d), to provide that to be qualified as a
director, a person must be a registered voter in the precinct that the
person represents.  Makes conforming changes. 

SECTION 53.  Amends Section 36.059(b), Water Code, to make conforming
changes. 

SECTION 54.  Amends Section 36.108, Water Code, as follows:

Sec. 36.108.  New title: JOINT PLANNING IN MANAGEMENT AREA OR PRIORITY
GROUNDWATER MANAGEMENT AREA.  Makes conforming changes. 

SECTION 55.  Transfers Section 341.047, Health and Safety Code, to
Subchapter E, Chapter 7, Water Code, redesignates it as Section 7.1605,
Water Code, and amends it, as follows:  

Sec. 7.1605. New title: VIOLATIONS RELATING TO PUBLIC DRINKING WATER. Makes
conforming changes. 

SECTION 56.  Amends Section 341.048, Health and Safety Code, as follows:

Sec. 341.048. New title: VIOLATION. Deletes text to make conforming changes.

SECTION 57.  Amends Section 341.0485(c), Health and Safety Code, to make a
conforming change. 

SECTION 58.  Amends the heading to Section 44.901, Education Code, as
follows: 

Sec.  44.901.  New title:  ENERGY OR WATER CONSERVATION MEASURES.

SECTION 59.  Amends Sections 44.901(a)-(f), Education Code, to include
energy and water conservation measures among the contracts that the board
of trustees of a school district are authorized to enter into.  Includes
water, along with energy, conservation to the application of this  section.
Sets forth the types of contracts to which this section applies.  Provides
that Section 19, Article 3271a, V.T.C.S. (The Texas Engineering Practice
Act), applies to work performed under this section. 

SECTION 60.  Reenacts and amends Section 51.927, Education Code, as amended
by Chapters 627 and 1142, Acts of the 75th Legislature, Regular Session,
1997, as follows: 

Sec. 51.927.  New title:  ENERGY OR WATER CONSERVATION MEASURES.  Includes
energy and water conservation measures among the contracts that the
governing body of an institution of higher education is authorized to enter
into.  Includes water, along with energy, conservation to the application
of this section.  Sets forth the types of contracts to which this section
applies.  Provides that Section 19, Article 3271a, V.T.C.S. (The Texas
Engineering Practice Act), applies to work performed under this section.
Sets forth procedures for an approval process and the development of
guidelines.  Makes conforming changes. 

SECTION 61.  Amends Section 2166.406, Government Code, as follows:

Sec.  2166.406.  New title: ENERGY OR WATER CONSERVATION MEASURES.

SECTION 62.  Amends Section 2166.406(a)-(h), (k), and (l), Government Code,
to include energy and water conservation measures among the contracts that
the governing body of state agency is authorized to enter into.  Includes
water, along with energy, conservation to the application of this section.
Sets forth the types of contracts to which this section applies.  Provides
that Section 19, Article 3271a, V.T.C.S. (The Texas Engineering Practice
Act), applies to work performed under this section.  Provides that a
contract must comply with Section 51.927(h), Education Code.  Provides that
the cost savings projected by offerors must be reviewed by a licensed
professional engineer selected by the governing body of the state agency
having charge and control of the building and facility who is not an
officer or employee of an offeror or otherwise associated with a proposed
contract.  Provides that a contract is not required to be reviewed or
approved by the State Energy Conservation Office, the Texas Energy
Coordination Council, or the board. 

SECTION 63.  (a) Repealer:  Sections 11.082 (Unlawful Use: Civil Penalty),
11.0841 (Civil Remedy), 11.0842 (Administrative Penalty), 11.148 (Emergency
Suspension of Permit Conditions), 13.411 (Action to Enjoin or Require
Compliance), 13.4133 (Emergency Rate Increase in Certain Circumstances),
13.4151 (Administrative Penalty), 13.416  (Penalties Cumulative), 13.417
(Contempt Proceedings), and 13.418 (Disposition of Fines and Penalties;
Water Utility Improvement Account), Water Code. 

(b) Repealer:  Sections 341.049 (Administrative Penalty) and 341.050
(Penalties Cumulative), Health and Safety Code.  

SECTION 64.  Effective date: September 1, 1999.

SECTION 65.  Makes application of this Act prospective.

SECTION 66.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in the caption by specifying that
this Act relates to the powers of the Texas Natural Resource Conservation
Commission, as well as to the development and management of water
resources. 

The substitute adds new SECTIONS 1, 2, 13, 21, 25, 29, 32-45, 48, 52, 53,
and 58-62.  For a complete analysis of these new sections please see the
Section-by-Section Analysis portion of this document. 

The substitute redesignates SECTIONS 1, 36, 37, 3, 4, 5, 7, 8, 9, 10, 11,
12, 13, 15, 16, 17, 19, 20, 21, 23, 27, 29, 30, 32, 33, 34, 35, 38, 40, and
42 of the original as SECTIONS 3, 4, 5, 7, 8, 9, 11, 12,  14, 15, 16, 17,
18, 20, 22, 23, 26, 27, 28, 31, 46, 49, 50, 51, 54, 55, 56, 57, 64, and 66,
respectively. 

The substitute redesignates SECTIONS 6 and 22 of the original as SECTIONS
10 and 30, respectively, and modifies them by making nonsubstantive
changes. 

The substitute redesignates SECTION 2 of the original (proposed Sections
5.517-5.520, Water Code) as SECTION 6, and modifies it, as follows: 

Modifies proposed Section 5.517 (Emergency Permit to Divert and Use Water;
Amendment to Water Right), in Subsection (b), by authorizing the executive
director of the Texas Natural Resource Conservation Commission (executive
director, TNRCC) to issue an emergency order if an imminent threat to the
public health and safety, rather than the public health, safety, and
welfare or environment, requires emergency action before the commission can
take action under Subsection (a) and there is no feasible alternative.  

Modifies proposed Section 5.518 (Emergency Order for Temporary Transfer of
Use of Water Right) by requiring the executive director or TNRCC, in
transferring the amount of water requested by the applicant, to allocate
the requested amount among two or more permits, certified filings, or
certificates of adjudication for a use other than domestic, municipal, or
electric generation, rather than for a domestic or municipal use, and
further modifies this section by making nonsubstantive changes. 

The substitute redesignates SECTION 14 of the original (Section 11.0843,
Water Code) as SECTION 19, reinstates text deleted in the original, makes
reference to a hearing held in accordance with Section 7.058, rather than
11.0842, Water Code, and makes nonsubstantive changes.     

The substitute redesignates SECTION 18 of the original (Section 11.142(a),
Water Code) as SECTION 24 and modifies it to provide that a person who
temporarily stores more than 200 acrefeet of water in a dam or reservoir
described by this subsection is not required to obtain a permit for the dam
or reservoir if the person can demonstrate that the person has not stored
in the dam or reservoir more than 200 acre-feet of water on average in any
12-month period, rather than providing that normal storage may involve the
temporary storage of greater than 200 acre-feet if the owner of the
structure maintains records which can demonstrate that throughout a
12-month period an average of not more than 200 acre-feet of water is
impounded in such a structure. 

The substitute deletes SECTION 24 of the original,  which would have
amended Section 35.008, Water Code, relating to public comment hearings. 

The substitute  deletes SECTION 25 of the original, which would have
amended Section 35.009, Water Code, relating to public comment hearings. 

The substitute deletes SECTION 26 of the original, which would have amended
Section 35.012(a), Water Code, relating to public comment hearings. 

The substitute redesignates SECTION 28 of the original (Section 35.012,
Water Code) as SECTION 47 and modifies it by providing for notice to each
entity entitled to notice under Section 35.009(c), rather than notice to
each landowner in the designated priority groundwater management area. 

The substitute deletes SECTION 31 of the original, which  would have added
proposed Section 36.1074, relating to the extension of district authority
to additional aquifers within district's geographic boundaries. 

The substitute redesignates SECTION 39 of the original (Repealer) as
SECTION 63 and modifies it by no longer repealing Sections 35.004, 35.005,
and 35.006, Water Code. 

The substitute redesignates SECTION 41 (prospective clause) of the original
as SECTION 65 and modifies it to by adding new Subsections (c)-(e) to
specify that changes made to Sections 15.102(b), 16.053(m)-(o), 17.871,
17.895, and the addition of Section 17.8955, Water Code, apply
prospectively from the effective date of this Act.