S.B. No. 1430
 
 
 
 
AN ACT
  relating to a requirement that the Texas Commission on
  Environmental Quality provide an expedited procedure for acting on
  certain applications for an amendment to a water right by certain
  applicants that use desalinated seawater.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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;
               (4)  authorizes the applicant to divert water from all
  of the diversion points authorized by the water right at a combined
  rate that is equal to or less than the combined rate at which the
  applicant was authorized to divert water under the water right
  before the requested amendment; and
               (5)  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 2.  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 3.  The changes in law made by this Act apply only to
  an application for an amendment to a water right that is filed with
  the Texas Commission on Environmental Quality on or after the
  effective date of this Act. An application filed with the
  commission before the effective date of this Act is governed by the
  law as it existed immediately before the effective date of this Act,
  and that law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1430 passed the Senate on
  April 18, 2017, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1430 passed the House on
  May 21, 2017, by the following vote:  Yeas 141, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor