bill requiring updated rainfall data in environmental rules

The text as introduced · 282 words

By: Zwiener
H.B. No. 3141

A BILL TO BE ENTITLED

AN ACT

relating to information relied on by the Texas Commission on

Environmental Quality for purposes of rules involving rainfall

estimates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 5, Water Code, is amended

by adding Section 5.137 to read as follows:

Sec. 5.137. RULES REFERENCING RAINFALL INTENSITY,

DURATION, AND FREQUENCY. (a) This section applies only to a

commission rule the adoption of which involved an evaluation of

rainfall intensity, duration, or frequency.

(b) The commission shall update rules as necessary to

incorporate the latest available rainfall intensity, duration, and

frequency data from the National Oceanic and Atmospheric

Administration or a comparable source at least once every five

years.

(c) The commission shall update rules as necessary to

incorporate the latest available rainfall intensity, duration, and

frequency data from each new volume of the Precipitation-Frequency

Atlas of the United States published by the National Oceanic and

Atmospheric Administration.

(d) During each rulemaking required by Subsection (b), the

commission shall consider:

(1) the value of costs avoided by the state as a result

of updating the rainfall intensity, frequency, and duration data;

(2) a description of the variance between the existing

and newly available rainfall intensity, frequency, and duration

data; and

(3) the accuracy of the newly available rainfall

intensity, frequency, and duration data in comparison to the

existing rainfall intensity, frequency, and duration data.

SECTION 2. Not later than January 1, 2026, the Texas

Commission on Environmental Quality shall adopt the first updated

rules required by Section 5.137, Water Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2025.