HBA-NMO S.B. 76(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 76
By: Truan
Natural Resources
4/29/1999
Committee Report (Amended)


BACKGROUND AND PURPOSE 

Current law requires the Texas Natural Resource Conservation Commission
(TNRCC) to develop water availability models for certain river basins in
this state.  A water availability model accounts for all existing water
rights, uses, and demands on a river to determine how much water is
available and under what conditions it is available.  S.B. 76 requires
TNRCC to develop a water availability model for the Rio Grande. 

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 16.012, Water Code, by adding a new Subsection
(h), and redesignating existing Subsection (h), (i), and (j) as Subsections
(i), (j), and (k), as follows: 

(h) Requires the Texas Natural Resource Conservation Commission (TNRCC),
not later than December 31, 2003,  to obtain or to develop an updated water
availability model for the Rio Grande. Requires the model to encompass the
significant water demands within the watershed of the river as well as the
unique geology and hydrology of the region. Authorizes TNRCC  to collect
data from all jurisdictions that allocate the waters of the river,
including jurisdictions outside this state.  

SECTION 2.  Provides that the implementation of Subsection (h), Section
16.012, Water Code, is contingent on the appropriation by the 77th
Legislature of funds for the purpose of that subsection. 

SECTION 3. Emergency clause.
           Effective date: upon passage.

EXPLANATION OF AMENDMENTS

Committee Amendment #1

SECTION 1.  Amends proposed Section 16.012(h), Water Code, by deleting
language that provides  
that the water availability model must be capable of evaluating the effects
of allowing cities on the Rio Grande to receive credit for wastewater flows
that are returned to the river.