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HB 2815 (Jetton) Relating to the powers, authorities, duties, and responsibilities of certain conservation and reclamation districts and to notice a person who proposes to sell or convey real property located in any of certain conservation and reclamation districts must provide to a prospective purchaser of that property

  • Is an omnibus bill proposing several changes relating to the powers and authority of water districts in order to improve their efficiency and effectiveness for taxpayers and residents
  • Requires levee improvement district directors to be landowners
  • Codifies district division in the municipal utility district template, director per diems, eminent domain limitations for WCIDs, WCID annexations, and district consolidation
  • The bill clarifies TCEQ’s justification over management district bonds and clarifies a district’s creation is subject to a confirmation election
  • A district’s bond authorization remains in effect unless the district is dissolved
  • All construction contracts for water district facilities meet public project contracting requirements
  • Allows freshwater supply districts to utilize an appraisal to determine value of improvements
  • Requires an allocation agreement between a water district and a city strictly conform to existing statutory requirements
  • Local jurisdiction with platting jurisdiction is required to approve plans for certain water district projects
  • HB 2816 passed both chambers and is now heading to the Governor’s desk

HB 3059 (King, Tracy) Relating to fees charged by a groundwater conservation district

  • Caps export fees and surcharges at 20 cents for tax-based districts and 20 cents/1,000 gallons or 50 percent surcharge for fee-based districts, whichever is greater, with an annual adjustment of 3 percent; fees may be used to maintain operability of wells,
  • Increases in fees from the annual adjustment may only be used to address impacts associated with groundwater development, including maintaining operability of wells, developing alternative water supplies, or conducting aquifer monitoring
  • HB 3059 passed both chambers and is now heading to the Governor’s desk

HB 4385 (Guillen) Relating to the provision of sewer service without a certificate of public convenience and necessity

  • Authorizes the PUC to allow a municipality or utility or water supply corporation to render retail sewer service without a certificate of public convenience for areas with less than 15 potential connections
  • HB 4385 passed out of both chambers and is now heading to the Governor’s desk

SB 28/SJR 75 (Perry) Relating to financial assistance provided and programs administered by the Texas Water Development Board

  • Creates the New Texas Water Supply for Texas Fund and the Texas Water Fund
  • The New Texas Water Supply for Texas Fund will have the goal of financing projects to procure seven million acre-feet of new water supplies by December 31, 2033; among the allowable uses of the fund is financial assistance for desalination, produced water treatment, aquifer storage and recovery, and infrastructure to transport water related to these uses
  • The Texas Water Fund is outside the general revenue fund and could be used for transfers to the Water Assistance Fund, the New Texas Water Supply for Texas Fund, the State Water Implementation Fund for Texas, State Water Implementation Revenue Fund for Texas, and the Rural Water Assistance Fund, among others
  • The associated SJR 75 will be on the ballot in November 2023
  • SB 28 passed both chambers and is now heading to the Governor’s desk

SB 469 (Springer) Relating to the eligibility of certain political subdivisions to receive certain financial assistance administered by the Texas Water Development Board

  • The bill makes change to the definition of a rural political subdivision for the purposes of TWDB funding
  • A rural political subdivision is defined as:
    • A nonprofit water supply or sewer service corporation in which no part of the service area is located in with a population of more than 50k
    • A municipality with a population of 10k or less part of service area is located in an urban area with a population of 50k or more
    • A municipality located wholly in a county where no urban area has a population over 50k
    • An interstate compact
    • Demonstrates in a manner satisfactory to the TWDB that the entity is rural or the area to be served by the project is a wholly rural area despite not otherwise qualifying
  • SB 269 passed both chambers and is now heading to the Governor’s desk

SB 1047 (Perry) Relating to funding and activities of the Texas Produced Water Consortium

  • Continues the Texas Produced Water Consortium and directs it to conduct pilot projects to find the best method to clean fracked water and use it on prairie land, crops, and feed crops
  • SB 1047 has been signed by the Governor and is now effective

SB 1289 (Perry) Relating to the disposal of reclaimed wastewater.

  •  Eliminates requirement that the owner of a reclaimed water treatment facility have a discharge permit for onsite use
  • Owner of the reclaimed wastewater facility does not have to own a domestic wastewater treatment facility; self contained entities can use their own reuse
  • SB 1289 passed both chambers and is now heading to the Governor’s desk

SB 2379 (Schwertner) Relating to aquifer storage and recovery projects that transect a portion of the Edwards Aquifer

  • Authorizes TCEQ to approve the Brazos River Authority’s ASR projects
  • SB 2379 passed both chambers and is now heading to the Governor’s desk