Legislative Blog

J.B. Williams, J.D.

5 additional bills that modify the Water Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

HB 3278 - Modifies the guidelines for modifying the groundwater management plans for districts.

SB 893 - Minor corrections can be made to certificates without notice.

SB 1186 - Places brine mining under the Railroad Commission of Texas administering and enforcement, as long as Federal statutes so permit.

SB 1289 - Permits disposal of reclaimed water through a wastewater treatment facility,as long as the facility agrees, without additional permits.

SB 1500 - Mostly modified to allow exemptions for competitive bidding for supply chain disruptions or shortages.

5 additional bills that modify the Water Code

Published: 2024-04-26

HB 3278

Joint planning of desired future conditions in groundwater management areas

A districts future plans must have a public comment period, after which the district must compile and submit to the district representatives for consideration at the next meeting. It already needed to include:

1. a summary of relevant comments;
2. any suggested revision to the proposed desired future conditions, along with the basis for them; and
3. (added) any supporting materials, including new or revised groundwater availability model run results

All of this information now needs to be available on the district Internet website for not less than 30 days. And based upon the final decisions, they must include in their final report the reasons why relevant public comments made were or were not incorporated.

SB 893

Joint planning of desired future conditions in groundwater management areas

Permits the executive director of the utility commission to make corrections to a certificate of public convenience and necessity without observing formal rules. The following corrections are permitted:

1. correcting of a clerical or typographical error;
2. to change the name of an incorporated certificate holder if:
   • an amendment is filed with the secretary of state that only changes the name of the certificate holder; and
   • certificate holder provides verification from the secretary of state that it was only a name change of the certificate holder
3. to correct a mapping error to reflect the metes and bounds of the area; or
   • only if there is a written agreement between the certificate holder and any other retail water or sewer provider whose area is affected by the change and notice is provided
4. to correct similar nomsubstantive error or matter

SB 1186

Regulation by the Railroad Commission of Texas of brine mining

Brine mining means the production of brine for the purpose of extracting from a subsurface formation elements, salts or other useful substances. This does not include oil, gas, or any product of oil or gas. It also does not include fluid oil and gas waste.

Class V brine injection well means injecting spent naturally occurring brine produced by a brine mining operation. It is injected into the same formation from which it was withdrawn after the elements, salts, or other useful substances are extracted.

The Railroad Commission already had jurisdiction over brine mining and now may issue permits for brine production wells. A brine mining of brined extracted by a solution of a subsurface salt formation is a Class III well. And a Class V brine injection well is designated a Class V well under the underground injection control program. If the federal Safe Drinking Water Act or other federal statute permit Texas to seek primary enforcement authority under the underground injection control program, then the railroad commission shall seek primary administration and enforcement under the Class V brine injection wells in Texas.

SB 1289

Disposal of reclaimed wastewater

Wastewater and reclaimed water production facilities that treat domestic wastewater for reuse may dispose of the treated wastewater without a permit if the facility:

1. disposes of it through a wastewater collectoin system; and
2. has the consent of the operator of the wastewater collectoin system that will receive the treated wastewater and any facility that will further treat the wastewater

SB 1500

Powers and duties of naviation districts and the board of trustees of municipal port facilities

A port commission may designate someone to make routine purchases or contracts in amounts not to exceed $100,000. The emergency purchases or contracts, or emergency amendments to either, is modified to now include responding to an emergency related to supply chain disruptions or shortages or stoppages in operation of the district, without harm to the welfare of the district, does not permit the delay incident to having a competitive bidding process. Or that the delay may result in undue costs to the district.

Furthermore a contract for purchase is not also exempt from competitive bidding if the contract is for the purchase of an item related to a supply chain disruption or shortage.

The commission or the board of trustees may authorize the following additional item: the sale of dredge material from a dredge material placement area to any person on terms that the commission or board of trustees considers appropriate or advantageous to the district.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.