water plan rule review moves to a five-year cycle

The text as introduced · 653 words

2025S0089-1 02/10/25

By: Blanco
S.B. No. 1268

A BILL TO BE ENTITLED

AN ACT

relating to the review and updating by the Texas Water Development

Board of guidance principles and rules related to certain plans

adopted or approved by the board.

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

SECTION 1. Section 16.051, Water Code, is amended by

amending Subsection (d) and adding Subsection (d-1) to read as

follows:

(d) The board, in coordination with the commission, the

Department of Agriculture, and the Parks and Wildlife Department,

shall adopt by rule guidance principles for the state water plan

which reflect the public interest of the entire state. When

adopting guidance principles, due consideration shall be given to

the construction and improvement of surface water resources and the

application of principles that result in voluntary redistribution

of water resources. The board shall review and update the guidance

principles and any other rules related to the state water plan , with

input from the commission, the Department of Agriculture, and the

Parks and Wildlife Department, as necessary but at least every five

years to coincide with the five-year cycle for adoption of a new

water plan as described in Subsection (a).

(d-1) The requirement to review a rule not later than the

fourth anniversary of the date on which the rule takes effect and

every four years after that date under Section 2001.039(b),

Government Code, does not apply to a rule related to the state water

plan adopted under this section.

SECTION 2. Section 16.053, Water Code, is amended by adding

Subsections (f-1) and (f-2) to read as follows:

(f-1) The board shall review and update rules adopted under

this section as necessary but at least every five years to coincide

with the five-year cycle for adoption of a new water plan as

described in Section 16.051.

(f-2) The requirement to review a rule not later than the

fourth anniversary of the date on which the rule takes effect and

every four years after that date under Section 2001.039(b),

Government Code, does not apply to a rule adopted under this

section.

SECTION 3. Section 16.061, Water Code, is amended by

amending Subsection (c) and adding Subsection (c-1) to read as

follows:

(c) The board, in coordination with the commission, the

Department of Agriculture, the General Land Office, the Parks and

Wildlife Department, the Texas Division of Emergency Management,

and the State Soil and Water Conservation Board, shall adopt

guidance principles for the state flood plan that reflect the

public interest of the entire state. The board shall review and

revise the guidance principles and any other rules related to the

state flood plan , with input from the commission, the Department of

Agriculture, the General Land Office, the Parks and Wildlife

Department, the Texas Division of Emergency Management, and the

State Soil and Water Conservation Board , as necessary and at least

every fifth year to coincide with the five-year cycle for adoption

of a new state flood plan.

(c-1) The requirement to review a rule not later than the

fourth anniversary of the date on which the rule takes effect and

every four years after that date under Section 2001.039(b),

Government Code, does not apply to a rule adopted under this

section.

SECTION 4. Section 16.062, Water Code, is amended by adding

Subsections (m) and (n) to read as follows:

(m) The board shall review and update rules adopted under

this section as necessary but at least every five years to coincide

with the five-year cycle for adoption of a new flood plan as

described in Section 16.061.

(n) The requirement to review a rule not later than the

fourth anniversary of the date on which the rule takes effect and

every four years after that date under Section 2001.039(b),

Government Code, does not apply to a rule adopted under this

section.

SECTION 5. This Act takes effect September 1, 2025.