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May 15, 2015 | Regular Session, Issue 19
Groundwater Ownership and Rights
HB 4112, by Representative DeWayne Burns (RCleburne), passed the House (Y: 132/N: 1) on May 8. This bill amends Section 36.002 of the Water Code to recognize that groundwater ownership and rights are established under the common law by the courts. The substitute removes the provision that a landowner has the right to "produce and save" the groundwater beneath his or her property, but still recognizes the common law rights of landowners to the groundwater beneath their land. This bill was previously reported in the March 20 and May 1 editions of the Austin Newsletter.
TFB supports HB 4112. (TFB Policy: Groundwater 151, pg. 60, lines 16.)
Development of Brackish Groundwater
HB 30, by Representative Lyle Larson (RSan Antonio), was substituted in committee and passed the House (Y: 143/N: 0) on May 8. The purpose of this bill is to promote development of brackish groundwater. The substitute scrapped the bifurcated permitting system and rules the original bill contained.
The substitute still requires the designation of Brackish Groundwater Production Zones. But, there is no regulatory authority with this designation. It is just a study of these areas of brackish groundwater that may be conducive for desalination projects.
This bill was previously reported in the Jan. 30 and Apr. 24 editions of the Austin Newsletter.
TFB is neutral on HB 30. (TFB Policy: Groundwater 151, pg. 64, lines 203204 and 212 213.)
Aquifer Storage and Recovery
https://ui.constantcontact.com/visualeditor/visual_editor_preview.jsp?agent.uid=1121081392906&format=html&printFrame=true 1/4 5/15/2015 Austin Newsletter HB 655, by Representative Lyle Larson (RSan Antonio), was reported favorably from the Senate Agriculture, Water and Rural Affairs Committee.
HB 655 encourages aquifer storage and recovery (ASR) projects that could provide alternative water storage solutions to combat some issues associated with above ground water storage, such as water loss due to evaporation. Additionally, ASR projects have a minimal impact on private property rights, as opposed to surface water reservoirs, which require land for the project and mitigation. Storing water in groundwater aquifers is an efficient and costeffective option to address future water needs.
HB 655 creates reporting requirements for ASR projects and alters the permitting authority for ASR wells.
This bill was previously reported on in the Feb. 6 and April 17 editions of the Austin Newsletter.
TFB supports HB 655. (TFB Policy: Groundwater 151, pg. 64, lines 197201).
Agricultural Liens
SB 1339, by Senator Charles Perry (RLubbock), the "Ag Lien" bill, was reported favorably from the House Agriculture and Livestock Committee on May 11. Representative Kyle Kacal (RBryan) is the House sponsor of SB 1339.
The bill secures for an agricultural producer the ability to obtain an automatically attaching, perfected agricultural lien that attaches to the producer's contracted crop upon the date of the first delivery to the purchaser. The lien would require a financing statement to be filed within 90 days of the last date of delivery; otherwise, the agricultural lien is considered unperfected.
Furthermore, this bill gives agricultural liens priority over a conflicting security interest, with the exception of a cotton ginner's lien or a security interest created between the agricultural producer and his or her own bank lender.
This bill was reported on in the April 3 and April 10 editions of the Austin Newsletter.
TFB supports SB 1339. (TFB Policy: Banking and Credit 173, pg. 96, lines 1623.)
Beef Council Rule Changes
HB 1934, by Representative Kyle Kacal (RBryan), has been set on the Senate Local and Uncontested Calendar for May 15. Senator Charles Perry (RLubbock) is the Senate sponsor for the bill.
This bill allows any committee created by the Beef Council to meet by telephone conference in the same manner that the Beef Council may meet. Notice of the phone meetings would still be given, and public listening for all open parts of the meetings will https://ui.constantcontact.com/visualeditor/visual_editor_preview.jsp?agent.uid=1121081392906&format=html&printFrame=true 2/4 5/15/2015 Austin Newsletter be available. HB 1934 was reported on in the Feb. 27, April 3 and April 17 editions of the Austin Newsletter.
TFB supports HB 1934. (TFB Policy: Marketing 130, pg. 28, lines 2048.)
Regulation of Raw Milk
HB 91, by Representative Dan Flynn (RVan), passed the House (Y: 103/N: 36) on May 8. This bill expands the locations where raw milk may be sold and further develops regulations for raw milk products. The substitute requires that the "Executive Commissioner" adopt rules for the safe handling, transportation and storage of raw milk products. This bill was previously reported in the Feb. 6 and May 1 editions of the Austin Newsletter.
TFB is neutral on HB 91.
Municipal Initiative and Referendum
HB 2595, by Representative Jim Keffer (REastland), passed the House (Y: 105/N: 29) on May 11 and has been referred to the Senate Natural Resources and Economic Development Committee.
This bill prohibits municipalities from conducting initiatives and referendums that deprive private property owners of their rights. It was previously reported on in the March 20 and April 17 editions of the Austin Newsletter.
TFB supports HB 2595. (TFB Policy: Real Property Rights 148, pg. 51, lines 15.)
Texas Farm Bureau State Legislative Team Billy Howe, State Legislative Director Issue areas: Natural Resources and Environmental Regulation Email: [email protected] Austin Office Phone: 5124728288
Marissa Patton, Associate Legislative Director Issue Areas: Agriculture, Eminent Domain, Land Use Regulation and Rural Affairs Email: [email protected] Austin Office Phone: 5124728288
Mike Pacheco, Associate Legislative Director Issue Areas: Criminal Justice, Energy, Labor, Taxes, Transportation, Utility Regulation and Tort Email: [email protected] Austin Office Phone: 5124728288 https://ui.constantcontact.com/visualeditor/visual_editor_preview.jsp?agent.uid=1121081392906&format=html&printFrame=true 3/4 5/15/2015 Austin Newsletter Kenneth Hodges, Political Programs and Activities Director Issue Areas: Ethics and Elections Email: [email protected] Waco Office Phone: 2547518741
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Contact State Office Austin Office P.O. Box 2689 1005 Congress, Suite 555 Waco, Texas 767022689 Austin, Texas 78701 254.772.3030 512.472.8288 Fax: 512.472.9120
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