83rd Texas Legislature Regular Session, March 26, 2013

CEC is sharing information during the session about what bills our member groups and readers are tracking. More information is available at cechouston.org/category/texas-legislature/.

The last day to file most bills was March 8, 2013. The next significant date is April 15, 2013, which is the first day a Senator may place five bills or resolutions on the Intent Calendar. The last day of the regular session is Monday, May 27, 2013. Learn more at www.legis.state.tx.us.

Let us know what you think about the senate bills that have been filed! Take a quick survey to let us know which senate bills are important to you–and why! We’ll let you know what our readers think.

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Readers have shared the following information:

• HB 1473: Texas Bottle Bill. “The Bill will be heard on Tuesday, March 26, 2013. The refundable deposits bill (HB 1473) is now scheduled for a hearing in the Environmental Regulation Committee. Many people have made great efforts to help the bill which strives to make Texas a cleaner state and more open to environmentally conscious entrepreneurs. Texas needs more jobs and cleaner waters, highways and playgrounds. The best way that individual taxpayers can help the bill now is to contact the legislators on the House Environmental Regulation Committee.”
• HB 824 / SB 584: Reporting Sanitary Sewer Overflows: “HB 824 would exempt wastewater spills of 1500 gallons or less from reporting. Wastewater spills contribute to the most widespread pollution problem in waterways in the region.” The following text is from the fiscal note for the bill:
  • TCEQ also stated that enforcement of the amended notification requirement could be problematic since TCEQ would not be aware of any unauthorized discharges less than the designated threshold which could affect how the agency pursues complaints. The delay in investigating an unauthorized discharge as a result of a complaint versus investigating as a result of notification could pose a concern with the ability to determine compliance with the notification requirements, and to ensure that the discharge did not result in any impacts to human health, public safety, or the environment. Additionally, if the threshold amount was exceeded and not reported, TCEQ would not be aware of the situation unless a complaint or situation arose. For example an unauthorized discharge of 1,800 gallons could be estimated by a facility to be 1,500 gallons and would therefore not be reported to TCEQ.
• HB 11 / SB 4 / HB 19 / HB 227 / SB 22 / SB 235: Rainy Day Fund for Water Infrastructure. “These are variants of the water infrastructure fund move to transfer billions from the “rainy day fund” to tackle Texas’ growing water supply needs. Water supply is intrinsically connected to a host of environmental issues. Regardless of what happens with this bill, it will have a profound effect on various environmental issues. Increasing supply and infrastructure to meet growth taxes finite limits and has impacts on both water quality and instream flows, especially if larger water transport projects, interbasin transfers, etc become viable. However, failure to deal with our aging infrastructure and growing needs puts a bigger strain on existing resources, and potentially increases contamination from aging wastewater infrastructure. Overall, availability of water is a huge driver of future growth in this region. Where, and to what extent growth happens, will be largely a function of water in the future. These bills are setting seminal policy on how we transition from the old way of dealing with water to a new realization of our growing precarious relationship with this resource. (To note, all these bills are in counterpoint to HB6 which would immediately abolish the fund if created.)”
• SB 78 / HB 378: Climate Change. “The immediate impact of these companion climate change related bills is arguable, as they primarily apply to state agencies. However, they represent a sea change in political atmosphere. Only years after references to climate change were struck out of TCEQ reports, these bills would require state agencies to evaluate the impacts of climate change, likely driven by the 2011 drought experience. They don’t have legs yet, but potentially have the ability to represent a pivoting of political momentum on this issue, which will likely be of growing importance for Texas in the coming years.”
• HB 3315 / HB 2767 / HB 3537 / HB 2992 / HB 3147 / HB 3595 / SB 873: Fracking Water. “All of these bills are more or less aimed at the same common theme (some are near identical). They target oil and gas production, especially fracking whose operation in the Eagleford Shale and other West Texas locations have been appreciable water users. The general theme is to encourage/require reuse, treatment, or other mitigation of the water resources used for these operations. These bills recognize and take action on the relationship between energy production and water supply, and seek to tighten the use/waste involved. While these bills do not impact the Houston region as directly as they do other areas in Texas, they are a dramatic change in the relationship of water regulation and oil and gas production. Unlike most environmental concerns, oil and gas primarily falls under the jurisdiction of the Railroad Commission. These bills represent a dramatic change in philosophy on how those operations are regulated, and a broad scale recognition of their part in the water supply/quality future. These are two competing paradigms that have been at simmering odds for some time, and the clash between them will be a growing issue for Texas water supplies. “

The following are bills (SB=Senate Bill, HB=House Bill, and HJR=House Joint Resolution) which may be of interest to the region’s environmental community and which were filed before the deadline.

• HB 3013: Relating to the underground storage of water for later retrieval andbeneficial use; authorizing the imposition of fees.
• HB 3016: Relating to the application of municipal zoning regulations to certaincommercial property in which the General Land Office retains an ownership interest.
• HB 3037: Relating to restricting the sale of state-owned longhorn cattle instate natural areas.
• HB 3040:  Relating to the creation of a fee on registration of avehicle to fund transportation projects.
• HB 3042:  Relating to the allocation of state hotel occupancy taxrevenue to certain municipalities for cleaning and maintenance of and erosion control for public beaches.
• HB 3043:  Relating to the rate of the municipal hotel occupancy tax incertain municipalities and the use of revenue from that tax.
• HB 3073:  Relating to the operation, powers, and duties of certainlevee improvement districts.
• HB 3085: Relating to the regulation of automotive wrecking and salvage yards incertain counties; increasing the civil penalty.
• HB 3086:  Relating to an optional exemption from the motor fuels taxfor materials blended with taxable diesel.
• HB 3087: Relating to the condemnation of conservation easements.
• HB 3108:  Relating to the exemption from ad valorem taxation of oil,natural gas, and other petroleum products held temporarily in this state for certain purposes.
• HB 3110: Relating to the Texas Emissions Reduction Plan motor vehicle purchaseor lease incentive program.
• HB 3114: Relating to the regional groundwater planning process for minoraquifers.
• HB 3119:  Relating to contingent fee contracts for representation oflocal governments in certain environmental enforcement actions.
• HB 3121: Relating to limiting the liability of certain transportationauthorities and railroads for certain incidents involving the provision of public passenger rail services.
• HB 3128: Relating to the authority of a county commissioners court to adoptstandards for lot frontages on roads in the unincorporated area of the county.
• HB 3130: Relating to certain comprehensive development agreements of the TexasDepartment of Transportation or a regional mobility authority.
• HB 3131: Relating to the line of vegetation and authorized development incertain beach areas; authorizing a fee.
• HB 3147: Relating to the degree to which power generation facilities consume oradversely impact water in this state.
• HB 3157: Relating to taxes and fees wholly or partly deposited to the credit ofthe state highway fund; increasing the rates of the gasoline and diesel fuel taxes, authorizing the increase or decrease of those rates insubsequent years, and increasing motor vehicle registration fees.
• HB 3166 : Relating to the authority of the Public UtilityCommission of Texas to implement a temporary price cap in certain situations.
• HB 3167: Relating to water programs administered by theTexas Commission on Environmental Quality and the Texas Water DevelopmentBoard.
• HB 3168: Relating to wind energy facilities and the rightsof owners of land on which wind energy facilities are located.
• HB 3214: Relating to the creation of an incentive programfor solar and wind-powered distributed electric generation for public schoolproperty.
• HB 3215: Relating to the Texas natural gas vehicle grantprogram.
• HB 3216: Relating to the exemption from ad valorem taxationof energy storage systems used for the control of air pollution in a nonattainment area.
• HB 3223: Relating to the factors to be considered in determiningthe amount of certain administrative penalties imposed by the Texas Commissionon Environmental Quality.
• HB 3233: Relating to interbasin transfers of state water.
• HB 3234: Relating to the procedure for action by the TexasCommission on Environmental Quality on an application for a water right.
• HB 3244: Relating to water quality improvement andpollution reduction through beverage container recycling incentives; providingpenalties; assessing a fee.
• HB 3249: Relating to recycling, reclamation, handling,and/or treatment of oil and gas waste, water, and related materials and clarifying the Railroad Commission’s jurisdiction.
• HB 3250: Relating to protecting landowners against aquiferdepletion.
• HB 3255: Relating to the sale of soil products by apolitical subdivision.
• HB 3260: Relating to the designation of certain river orstream segments as being of unique ecological value.
• HB 3279: Relating to the uprooting of seagrass plants;creating an offense.
• HB 3289: Relating to the licensing of professionals engagedin Texas pollutant discharge elimination system-related stormwater activity.
• HB 3290: Relating to the operation of a motor vehicle inthe vicinity of a vulnerable road user; providing penalties.
• HB 3291: Relating to certain comprehensive developmentagreements of regional mobility authorities.
• HB 3315 : Relating to the regulation of reuse and recyclingof produced water from oil and gas activities.
• HB 3317: Relating to the exemption of a water well fromcertain permitting by and compliance with rules of a groundwater conservationdistrict.
• HB 3448: Relating to the service of a presiding officer ofcertain metropolitan rapid transit authorities.
• HB 3450: Relating to a program to support the installationof certain emmissions-free generation systems that do not use water in theproduction of electricity and are located on publicly owned land or governmentbuildings and parking structures.
• HB 3459 : Relating to the determination of the boundariesof, and the enforcement of the law governing access to, public beaches.
• HB 3465: Relating to standards for recycling or reusingcomputer and television equipment.
• HB 3466: Relating to the reporting of internationalshipments of electronic waste.
• HB 3468: Relating to the revocation or amendment of acertificate of public convenience and necessity for water or sewer service by petition.
• HB 3489: Relating to the inspection period for a motorvehicle.
• HB 3509: Relating to endangered species habitatconservation.
• HB 3511: Relating to adjudication of claims under watercontracts with local government entities.
• HB 3512: Relating to the eligibility of property used for adesalination project for ad valorem tax benefits under the Texas EconomicDevelopment Act.
• HB 3513: Relating to a municipality’s comprehensivedevelopment.
• HB 3535: Relating to the management, operation, rulemakingauthority, and oversight of groundwater conservation districts.
• HB 3759: Relating to electric reliability standards adoptedby the Public Utility Commission of Texas.
• HB 3760: Relating to advanced meter deployment.
• HB 3767: Relating to the exemption from ad valorem taxationof property owned by charitable organizations that engage in or support theplanting, growing, cultivation, or maintenance of trees in public areas.
• HB 3783: Relating to the storage, transportation, anddisposal of tires; providing criminal penalties.
• HB 3793: Relating to county powers, duties, and services;providing penalties; imposing fees.
• HB 3807: Relating to the Fort Bend Subsidence District.
• HB 3812: Relating to a county air quality fee imposed atthe time of an emissions-related inspection.
• HB 3813: Relating to wildfire prevention in certain urbanareas.
• HB 3822: Relating to a prohibition on the use of aninterlocal agreement to purchase energy or energy-related services.
• HB 3843: Relating to providing, facilitating, or aiding theuse of solar power or other alternative energy source in public schools.
• HB 3857: Relating to periodic rate adjustments by water andsewer utilities.
• HB 3871: Relating to the powers and duties of the GulfCoast Waste Disposal Authority.
• HB 3885: Relating to powers of the North Harris County Regional Water Authority relating to certain wells.
• HJR 90: Proposing a constitutional amendment authorizing the legislature to exempt from ad valorem taxation real property that is leased to a charitable organization and that is used by the organization primarily for the purpose of performing a charitable function.
• HJR 95: Proposing a constitutional amendment to limit the purposes for which revenues from motor vehicle registration fees and taxes on motor fuels and lubricants may be used.
• HJR 97: Proposing a constitutional amendment to rename the Railroad Commission of Texas as the Texas Energy Commission.
• HJR 107: Proposing a constitutional amendment authorizing the legislature to impose by general law an additional motor vehicle registration fee to be deposited into the Texas Mobility Fund.
• HJR 108: Proposing a constitutional amendment to limit the purposes for which revenue from motor vehicle registration fees, taxes on motorfuels and lubricants and motor vehicle tires and parts, and certain revenues received from the federal government may be used.
• HJR 113: Proposing a constitutional amendment relating to the right to hunt and fish in accordance with state law.
• HJR 132: Proposing a constitutional amendment to provide oil, natural gas, and other petroleum products held temporarily in this state the same ad valorem tax-exempt status as is currently provided to other tangible personal property.
• HJR 135: Proposing a constitutional amendment to prohibit using voluntarily paid additional fees and surcharges that are dedicated by law for nondedicated general governmental purposes and to prohibit using that moneyf or certification of appropriations for nondedicated purposes or entities.
• HJR 139: Proposing a constitutional amendment providing for the issuance of general obligation bonds by the Texas Transportation Commission to provide funding for state highways, publicly owned toll roads, and other publicly owned transportation projects.
• HJR 142: Proposing a constitutional amendment to authorize the legislature to exempt from ad valorem taxation real and personal property used for the conservation, reuse, or recycling of water.