Updated June 23, 2019
The 2019 Texas Legislative is in full swing and the legislative bill filing deadline has now passed. Here is a comprehensive list of the water-related bills filed in the 2019 session of the Texas Legislature. I have grouped the bills in topical areas.
Flood Planning and Infrastructure
A big topic in this year’s legislative agenda is creating legislation that will address the needs of stormwater management and flooding in the state. This is largely due to the damage that Hurricane Harvey affected on Texas in 2018.
SB 7 | HB 13 | Signed by the Governor
Relating to flood control planning and the funding of flood planning, mitigation, and infrastructure projects.
SB 8 | Signed by the Governor
Relating to state and regional flood planning.
SB 339 | Signed by the Governor
Relating to a seller’s disclosure notice for residential property regarding floodplains, flood pools, or reservoirs.
SB 396 | Did not pass
Relating to state and regional flood planning.
HB 478 | Did not pass
Relating to the funding of flood planning, mitigation, and infrastructure projects.
SB 695 | Did not pass
Relating to state policies and programs that affect the funding of flood planning, mitigation, and infrastructure projects; making an appropriation.
HB 3815 / HB 3839 / SB 1220 | Signed by the Governor
Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats.
SB 1521 | Did not pass
Relating to the funding of flood planning, mitigation, and infrastructure projects; making an appropriation.
Texas Water Development Board (TWDB)
HB 2957 / SB 1379 | Did not pass
Relating to a requirement that certain recipients of financial assistance from the TWDB adopt certain restrictions on water use by their customers.
HB 1052 | Signed by the Governor
Relating to the authority of the TWDB to use the state participation account of the water development fund to provide financial assistance for the development of certain facilities.
HB 721 | Signed by the Governor
Relating to the duty of the TWDB to conduct studies of and prepare and submit reports on aquifer storage and recovery.
HB 3770 / SB 1496 | Did not pass
Relating to a pilot project conducted by the TWDB regarding the real-time monitoring of the inundation and water quality of certain portions of the Rio Grande.
HB 2098 | Did not pass
Relating to a study by the TWDB and the TCEQ regarding the effects of the construction of a border wall on water quality in this state.
SB 1574 | Signed by the Governor
Relating to the duties of the TWDB.
HB 1594 | Did not pass
Relating to a study by the TWDB of groundwater availability in certain counties.
SB 2452 | Signed by the Governor, Effective on adoption of constitutional amendment
Relating to the provision by the Texas Water Development Board of financial assistance for the development of certain projects in economically distressed areas.
HB 4279 / SB 2437 | Did not pass
Relating to the authority of the Texas Water Development Board to establish, operate, and, through the issuance of general obligation bonds, finance a grant program to provide financial assistance to political subdivisions and the state for projects related to disaster recovery; disaster mitigation; or construct, repair, rehabilitate, or reconstruct state or local infrastructure.
SB 397 | Did not pass
Relating to funding of certain flood-related projects by the Texas Water Development Board and the reporting and administration of certain flood-related projects by the State Soil and Water Conservation Board.
Texas Commission on Environmental Quality (TCEQ)
HB 2771 / SB 1585 | Signed by the Governor
Relating to the authority of the TCEQ to issue permits for the discharge into water of this state of produced water, hydrostatic test water, and gas plant effluent resulting from certain oil and gas activities.
HB 3998 | Did not pass
Relating to the transfer of the administration of surface water rights permitting from the TCEQ to the TWDB and the regulation of groundwater; authorizing fees; authorizing civil penalties.
HB 724 / SB 1836 | Did not pass
Relating to the authorization by the TCEQ of the discharge, diversion, and transfer or other reuse of treated brackish groundwater and return flows derived from treated brackish groundwater.
HB 3114 | Did not pass
Relating to contested case hearings on matters under the jurisdiction of the TCEQ.
SB 911 | Signed by the Governor
Relating to the supervision of water districts by the TCEQ.
HB 3320 | Did not pass
Relating to the authority of the TCEQ to require water pollution abatement plans from certain facilities regulated by the Railroad Commission of Texas.
Edwards Aquifer
SB 483 | Signed by the Governor
Relating to permits for certain injection wells that transect a portion of the Edwards Aquifer.
HB 4110 | Did not pass
Relating to a study evaluating and making recommendations for the regulation of on-site sewage disposal systems in the recharge zone of the Edwards Aquifer.
HB 2729 | Signed by the Governor
Relating to the administration, duties, and operation of the Edwards Aquifer Authority; authorizing a fee.
HB 1904 / SB 881 | Did not pass
Relating to withdrawals of water from the Edwards Aquifer to supply a military installation.
HB 481 / SB 520 | Signed by the Governor
Relating to the storage and recovery of water in a portion of the Edwards Aquifer.
HB 3656 | Signed by the Governor
Relating to the transfer of certain permitted irrigation water rights related to a certain portion of the Edwards Aquifer.
HB 1479 | Did not pass
Relating to the transfer of certain permitted irrigation water rights related to a certain portion of the Edwards Aquifer.
HB 1806 | Passed, vetoed by the Governor
Relating to the use of water withdrawn from the Edwards Aquifer by certain entities.
HB 4002 | Did not pass
Relating to a contested case hearing to identify a sensitive feature related to an Edwards Aquifer protection plan.
HB 817 / SB 655 | Did not pass
Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain areas of the Edwards Aquifer.
HB 3644 | Did not pass
Relating to transfer of irrigation water rights allowed by the Edwards Aquifer Authority.
Water Supply and Quality
HB 3053 | Did not pass
Relating to the adoption of a healthy and safe school water plan by public schools.
HB 2998 | Did not pass
Relating to lead in drinking water at schools and child care facilities.
SB 1030 | Did not pass
Relating to the duty of a water supply system to provide certain information to consumers regarding fluoride in drinking water.
HB 997 | Did not pass
Relating to testing for lead contamination in public school drinking water.
HB 458 | Did not pass
Relating to notice of a scheduled disconnection of water utility service.
River Authorities
SB 626 | Signed by the Governor
Relating to the Guadalupe-Blanco River Authority; following the recommendations of the Sunset Advisory Commission.
SB 627 | Signed by the Governor
Relating to the Red River Authority, following recommendations of the Sunset Advisory Commission.
SB 625 | Signed by the Governor
Relating to the Nueces River Authority, following recommendations of the Sunset Advisory Commission.
Licensing
HB 1670 / SB 621 | Did not pass
Relating to the transfer of the regulation of plumbing to the Texas Department of Licensing and Regulation, following recommendations of the Sunset Advisory Commission; requiring an occupational license; authorizing a fee.
Drought Planning
SB 900 | Did not pass
Relating to state and local planning for and responses to drought.
Water Utility Districts: Creation and Revisions
HB 2660 | Signed by the Governor
Relating to the creation of the Richfield Ranch Water Control and Improvement District of Harris County, Texas; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
HB 2590 | Signed by the Governor
Relating to the administration, powers, and duties of a municipal utility district.
HB 1958 / SB 1043 | Did not pass
Relating to the territory, powers, and administration of the Gulf Coast Water Authority.
HB 1826 / SB 1310 | Did not pass
Relating to the procedure for amending or revoking certificates of public convenience and necessity issued to certain water utilities.
HB 4643 | Signed by the Governor
Relating to the creation of the Wood Trace Water Control and Improvement District of Montgomery County, Texas; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
HB 4241 | Did not pass
Relating to providing services for or acquiring certain water utilities and establishing related rates.
HB 4172 | Passed, effective without Governor’s signature
Relating to the nonsubstantive revision of certain local laws concerning water and wastewater special districts, including conforming amendments.
HB 3781 | Did not pass
Relating to the creation of the Val Verde County Groundwater Conservation District; providing authority to issue bonds; providing authority to impose fees, surcharges, and taxes.
SB 700 | Signed by the Governor
Relating to the regulation of certain classes of retail public water utilities.
SB 2272 | Signed by the Governor
Relating to the procedure for amending or revoking certificates of public convenience and necessity issued to certain water utilities.
HB 4424 | Did not pass
Relating to the creation of the Clear Creek Watershed Regional Flood Control District; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; providing a civil penalty.
Financial / Tax-Related
HB 2023 / SB 942 | Signed by the Governor
Relating to the use of money in the state water pollution control revolving fund.
HB 1800 | Did not pass
Relating to the Texas resilience infrastructure fund; authorizing the issuance of revenue bonds; making an appropriation.
SB 1930 | Did not pass
Relating to the eligibility of property used for a water desalination project for ad valorem tax benefits under the Texas Economic Development Act.
HB 3001 | Signed by the Governor
Relating to the fiscal transparency of special purpose districts and other political subdivisions.
SB 1281 | Did not pass
Relating to assessments for water and energy improvements in certain municipalities and counties.
Planning / Advisory
HB 1010 | Did not pass
Relating to state and regional flood planning.
HB 807 | Signed by the Governor
Relating to the state and regional water planning process.
HB 3339 | Signed by the Governor
Relating to requirements for programs of water conservation and water conservation plans.
HB 4570 | Did not pass
Relating to establishing an advisory board to study surface water and groundwater interaction.
HB 1671 | Did not pass
Relating to water quality protection areas.
HB 1868 | Did not pass
Relating to the creation of the Texas Rural Water Advisory Council.
HB 2031 | Did not pass
Relating to a statewide water conservation public awareness program.
SB 1381 | Did not pass
Relating to a biennial report on stormwater infrastructure in this state.
Groundwater / Aquifer Related
HB 3717 / SB 1999 | Did not pass
Relating to an oil and gas production tax credit for oil and gas producers that provide treated produced water to aquifer storage and recovery project operators.
HB 726 | Did not pass
Relating to the regulation of groundwater.
HB 722 | Signed by the Governor
Relating to the development of brackish groundwater.
HB 720 | Signed by the Governor
Relating to appropriations of water for use in aquifer storage and recovery projects.
SB 1010 | Did not pass
Relating to rules adopted by groundwater conservation districts overlying a common aquifer.
Miscellaneous
SB 1295 | Did not pass
Relating to the inclusion of water filling stations in the sales and use tax exemption for water-efficient products.
HB 245 | Did not pass
Relating to a requirement to make certain environmental and water use permit applications available online.
HB 26 | Signed by the Governor
Relating to the creation of an alert system to notify affected persons of certain releases of water from certain dams.
HB 1964 | Passed, effective without Governor’s signature
Relating to the procedure for action on certain applications for an amendment to a water right.
SB 530 | Signed by the Governor
Relating to civil and administrative penalties assessed or imposed for violations of laws protecting drinking water, public water supplies, and bodies of water.
HB 3099 | Did not pass
Relating to standards for water management in certain areas.
SB 1446 | Did not pass
Relating to performance standards for certain aboveground storage tanks.