H.B. No. 3735
 
 
 
 
AN ACT
  relating to an application for a new or amended water right
  submitted to the Texas Commission on Environmental Quality.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 11.002(1) and (3), Water Code, are
  amended to read as follows:
               (1)  "Commission" means the Texas [Natural Resource
  Conservation] Commission on Environmental Quality.
               (3)  "Executive director" means the executive director
  of the Texas [Natural Resource Conservation] Commission on
  Environmental Quality.
         SECTION 2.  Section 11.122, Water Code, is amended by adding
  Subsections (b-1) and (b-2) to read as follows:
         (b-1)  A holder of a water right that begins using
  desalinated seawater after acquiring the water right has a right to
  expedited consideration of an application for an amendment to the
  water right if the amendment:
               (1)  authorizes the applicant to divert water from a
  diversion point that is different from or in addition to the point
  or points from which the applicant was authorized to divert water
  before the requested amendment;
               (2)  authorizes the applicant to divert from the
  different or additional diversion point an amount of water that is
  equal to or less than the amount of desalinated seawater used by the
  applicant;
               (3)  authorizes the applicant to divert from all of the
  diversion points authorized by the water right an amount of water
  that is equal to or less than the amount of water the applicant was
  authorized to divert under the water right before the requested
  amendment; and
               (4)  does not authorize the water diverted from the
  different or additional diversion point to be transferred to
  another river basin.
         (b-2)  The executive director or the commission shall
  prioritize the technical review of an application that is subject
  to Subsection (b-1) over the technical review of applications that
  are not subject to that subsection.
         SECTION 3.  Section 11.125(a), Water Code, is amended to
  read as follows:
         (a)  The application must be accompanied by a map or plat in
  the form and containing the information prescribed by the
  commission [drawn on tracing linen on a scale not less than one inch
  equals 2,000 feet].
         SECTION 4.  Section 11.128, Water Code, is amended to read as
  follows:
         Sec. 11.128.  PAYMENT OF FEE.
  The [If the] applicant [is not
  exempted from payment of the filing fee under Section 12.112 of this
  code, he] shall pay the filing fee prescribed by Section 5.701
  [5.701(c)] at the time [he files] the application is filed. The
  commission may [shall] not record, file, or consider the
  application until the executive director certifies to the
  commission that the fee is paid.
         SECTION 5.  Section 11.134, Water Code, is amended by adding
  Subsection (b-1) to read as follows:
         (b-1)  In determining whether an appropriation is
  detrimental to the public welfare under Subsection (b)(3)(C), the
  commission may consider only the factors that are within the
  jurisdiction and expertise of the commission as established by this
  chapter.
         SECTION 6.  Section 2003.047, Government Code, is amended by
  amending Subsection (e-3) and adding Subsection (e-6) to read as
  follows:
         (e-3)  The deadline specified by Subsection (e-2) or (e-6),
  as applicable, may be extended:
               (1)  by agreement of the parties with the approval of
  the administrative law judge; or
               (2)  by the administrative law judge if the judge
  determines that failure to extend the deadline would unduly deprive
  a party of due process or another constitutional right.
         (e-6)  For a matter pertaining to an application described by
  Section 11.122(b-1), Water Code, the administrative law judge must
  complete the proceeding and provide a proposal for decision to the
  commission not later than the 270th day after the date the matter
  was referred to the office.
         SECTION 7.  Sections 11.125(b) and (c), Water Code, are
  repealed.
         SECTION 8.  The changes in law made by this Act apply only to
  an application for a new or amended water right received by the
  Texas Commission on Environmental Quality on or after the effective
  date of this Act. An application received before the effective date
  of this Act is governed by the law in effect on the date the
  application was received, and the former law is continued in effect
  for that purpose.
         SECTION 9.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3735 was passed by the House on May
  12, 2017, by the following vote:  Yeas 138, Nays 5, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3735 on May 26, 2017, by the following vote:  Yeas 143, Nays 2,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3735 was passed by the Senate, with
  amendments, on May 24, 2017, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor