LEGISLATIVE UPDATE 2010

BRUCE WASINGER General Counsel Guadalupe-Blanco River Authority 933 East Court Street Seguin, Texas 78155 830-379-5822 [email protected]

State Bar of Texas 11TH ANNUAL CHANGING FACE OF WATER RIGHTS COURSE April 8-9, 2010 Austin

CHAPTER 4

Bruce Wasinger General Counsel Guadalupe-Blanco River Authority

Work Experience:

General Counsel - Guadalupe-Blanco River Authority, 2008 - present Partner – Bickerstaff Heath Delgado Acosta, 1999 – 2008 Associate General Counsel – Lower Colorado River Authority, 1982 – 1999 Staff Attorney – Texas Department of Water Resources, 1980 - 1982 Staff Attorney – Kansas Department of Revenue, 1979 - 1980 Assistant Attorney General, Office of the Attorney General of Kansas, 1977-1979

Education:

J.D., Washburn Law School (Kansas 1977) B.A., Political Science, Fort Hays State University (Kansas 1974)

Professional Licenses:

Supreme Court of Texas, 1981 Supreme Court of Kansas, 1977 United States Court of Appeals for the Tenth Circuit, 1978 United States District Court for the District of Kansas, 1977 United States District Court for the Western District of Texas, 1984 Supreme Court of the United States, 2008

Law Related Publications:

Co-Author of “Governmental Immunity: Despotic Mantle or Creature of Necessity,” 16 Washburn Law Journal 12 (1976). Author of “Evolution of a Water Rights Adjudication Settlement” State Bar of Texas, Environmental Law Journal, Vol. 19, No. 3, Winter 1989 (Part 1); Vol. 20, No. 1, Summer 1989 (Part 2). Author of “The Trans-Texas Water Program; Coordinating Competing Demands and Limited Supplies,” Fourth Annual Conference on Texas Water Law, November 4-5, 1994. Author of “”Managing Water Rights During Drought Conditions: The Water User’s Perspective,” Sixth Annual Conference on Texas Water Law, December 12-13, 1996. Co-Author of “Interbasin Transfers – A Problem Resolved? Basin of Origin Protection,” Texas Water Law Institute, October 23 - 24, 1997. Author of “Groundwater (Background and Recent Cases),” Texas Water Law Institute, September 30, 1999 – October 1, 1999. Author of “Current Issues in Texas Water Law: Interbasin Transfers of Surface Water After Senate Bill 1,” CLE International – Texas Water Law, May 4 - 5, 2000. Author of “Groundwater Districts – A New Day in Texas, “The Changing Face of Water Rights in Texas,” State Bar of Texas, February 1 - 2, 2001. Author of “Water Right Glossary,” ibid. Co-Author of “Texas Water Law Glossary,” The Changing Face of Water Rights in Texas 2004, February 26 - 27, 2004. Author of “Surface Water Conveyance (Sale and Lease) Municipality/Developer Perspective,” 6th Annual Changing Face of Water Rights in Texas, State Bar of Texas, February 10 – 11, 2005. Co-Author of “Texas Water Law Glossary,” ibid. February 10 -11, 2005. Author of “Open Range: The Square-Off Between Utilities and Landowners in the Turf Battle Over Certificated Service Area (“CCN”) 7th Annual Changing Face of Water Rights in Texas, State Bar of Texas May 18 – 19, 2006. Co-Author of “Texas Water Law Glossary,” The 8th Annual Changing Face of Water Rights in Texas, State Bar of Texas, June 28 – 29, 2007. Author of “CCN’s 101: Who’s Your Water Daddy,” Nuts & Bolts of Water Rights, 2008 State Bar of Texas, May 7, 2008. Author of “TCEQ Water Rights Developments,” Texas Water Law, CLE International, September 18-19, 2008. Author of “Legislative Update” – Tenth Annual Changing Face of Water Rights in Texas, State Bar of Texas, April, 2-3, 2009. Author of “TCEQ Water Rights Developments,” Texas Water Law, CLE International, September 14-15, 2009.

Legislative Update 2010 Chapter 4

TABLE OF CONTENTS

INTRODUCTION...... 1

SURFACE WATER RIGHTS ...... 1

RIVER AUTHORITIES/ WATER DISTRICTS ...... 1

GROUNDWATER CONSERVATION DISTRICTS / GROUNDWATER...... 2

CARRIZO-WILCOX AQUIFER STUDY ...... 4

EMINENT DOMAIN (CONDEMNATION) ...... 4

GENERAL ...... 5

INTERIM CHARGES TO THE 81ST LEGISLATURE ...... 5

RECENT DEVELOPMENTS ...... 7

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Legislative Update 2010 Chapter 4

LEGISLATIVE UPDATE 2010 HB 4231 by Chairman Ritter – Relating to the conveyance or transfer in this state of water INTRODUCTION. imported into this state from a source located outside this state. For the purpose of this paper I have designated the following five (5) subject matter categories for bills Amends Chapter 11, Texas Water Code, to allow the that relate to the Changing Face of Water Rights: use of the bed and banks of rivers and streams in Texas to convey water from outside the state to place of Surface Water Rights storage and/or place of use inside the state. Also River Authorities/Water Districts provides that such a transfer is not subject to the full interbasin transfer requirements found in Section Groundwater Conservation Districts / 11.085, Texas Water Code. Groundwater

Eminent Domain (Condemnation) RIVER AUTHORITIES/ WATER DISTRICTS General

HB 2171 by Darby – Relating to the abolishment of In addition to addressing the various bills that passed the Lower Concho River Water and Soil during the 81st Legislative Session, this paper also Conservation Authority. SB 1260 by Duncan was addresses both the Senate and House Interim changes, identical. especially those to the Senate and House Committees on Natural Resources. The Authority created in 1939 is abolished and any assets of the Authority escheat to the State. SURFACE WATER RIGHTS

HB 2620 by Frost – Relating to the creation, HB 2666 by Chairman Ritter – Relating to the administration, power, duties and operation of the authority of the Lower Neches Valley Authority to Riverbend Water Resources District. SB 1223 by acquire, own, operate, maintain, and improve the Eltife was identical. Devers Canal System, its water rights and associated property. The district is a conservation and reclamation district composed of the following members: City of Annona; Authorizes the Lower Neches Valley Authority to own, City of Avery; City of DeKalb; City of Hooks; City of operate, and expand the Devers Canal system in Maud; City of New Boston; City of Texarkana, Texas; Chambers County and Liberty County. City of Wake Village; and the Red River Redevelopment Authority. Have the powers of other Provides that the Chambers-Liberty Counties districts under Chapter 49, Texas Water Code. Navigation District has first rights to enter into contracts to sell water for non-irrigation use in HB 2906 by Kuempel – Relating to the expansion of Chambers County. the boundaries of the Cibolo Creek Municipal

Authority. HB 2108 by Hopson – Relating to the deadlines for commencement and completion of the Lake Expands the Authority’s boundaries to coincide with Columbia Reservoir project. SB 1360 by Nichols areas that the Authority provides service. was identical. HB 3269 by Smithee – Relating to the Board of TCEQ is directed without notice and hearing to amend Directors of the Canadian River Municipal Water Permit No. 4228 to remove deadlines for Authority (CRMWA). SB 1040 by Duncan was commencement and completion of construction of the identical. project. A closed meeting of the Board that is authorized under HB 1922 by Martinez, Fischer – Relating to the Chapter 551, Government Code, may include officers authorization of certain reuse water system and employees of constituent cities of the CRMWA. contributions and discharges.

Amends Chapter 26, Texas Water Code, to allow an agency of a home rule municipality (SAWS) with a population of one million or more to operate multiple reclaimed water facilities as a reuse water system. 1 Legislative Update 2010 Chapter 4

SB 715 by Shapiro – Relating to the North Texas HB 1475 by Sheffield – Relating to the election of Municipal Water District (NTMWD). HB 1082 by directors of the Clearwater Underground Water Laubenberg was identical. Conservation District. HB 4210 by Sheffield and SB 1755 by Fraser were identical. The enabling act of NTMWD is amended to address bond issuance matters; fees for directors and includes a On the uniform election date in November of even- provision that provides that NTMWD has the numbered years, the appropriate number of directors functions, powers, authority, rights and duties shall be elected. necessary to accomplish the purposes for which NTMWD was created and the purposes authorized by HB 1518 by Corte – Relating to the addition of Section 59, Art. XVI Texas Constitution, this Art or territory to and the amount of production fees any other law. imposed by the Trinity Glen Rose Groundwater Conservation District (TGRGCD). SB 794 by Fraser – Relating to the composition of the board of directors of the Central Colorado For non-exempt wells the TGRGCD may not impose a River Authority (CCRA). fee greater than $1.00 per acre-foot for water used for agricultural purposes or $40.00 per acre-foot for water Amends CCRA’s enabling act by reducing the number used for any other purpose. of board members from nine (9) to five (5). If a municipality annexes land, the annexed land SB 1253 by Seliger – Relating to the repeal of the becomes part of the groundwater conservation district power of certain districts and water supply chosen in the election and is disannexed from any other corporations to allow the use of right-of-way groundwater conservation district in which the land is easements for certain energy related purposes. HB located. If land is disannexed, it is still subject to its 3818 by Smithee was identical. share of indebtedness of the disannexed groundwater conservation district. Section 49.2205, Texas Water Code, is repealed. This section allows a water district or water supply HB 1664 by King, Phil – Relating to an exemption corporation to allow others to use a right-of-way for groundwater used for certain purposes from easement acquired after September 1, 2007, for the production fees by the Upper Trinity Groundwater transmission of energy generated by a clean coal Conservation District (UTGCD). project. UTGCD shall exempt from the payment of production GROUNDWATER CONSERVATION fees any groundwater used for firefighting purposes by DISTRICTS/ GROUNDWATER an emergency services district or a fire department.

HB 4762 by King – Relating to the territory of and HB 2063 by Callegari – Relating to the enforcement the validation of certain governmental acts and of rules by a groundwater conservation district. SB proceedings of the Edwards Aquifer Authority. 1190 by Duncan was identical.

Expands the territory of EAA to include certain parcels Chapter 36, Texas Water Code, is amended to make of land. Validates these permits issued by EAA that clear that a groundwater conservation district may were later determined to be outside of EAA’s enforce its rules against any person. Amendment is jurisdictional boundaries. These permits would not intended to address the issue of whether certain add to the 572,000 acre-foot per year cap. political entities have sovereign immunity protection from enforcement. HB 592 by Cook – Relating to the election, and validation of acts of members of the board of HB 2340 by Miller, Sid – Relating to the Middle directors of the Anderson County Underground Trinity Groundwater Conservation District Water Conservation District (ACUWCD). HB 1683 (MTGCD). SB 1209 by Fraser was identical. by Cook and SB 848 by Nichols were identical. The enabling act of MTGCD is amended to address Amends ACUWCD’s enabling act to require that an board composition if one or two counties are annexed election be held on the uniform election day in May into the groundwater conservation district. every two (2) years to elect the appropriate number of directors to the board.

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HB 3140 by Gonzales Toureilles – Relating to SB 2497 by Estes – Relating to the creation of the authorizing the transfer of certain abandoned or North Texas Groundwater Conservation District. forfeited property to groundwater conservation districts. Creates the north Texas Groundwater Conservation District covering Collin, Cooke and Denton Counties. The Code of Criminal Procedure is amended to add groundwater districts to the list of entities eligible to SB 2529 by Estes – Relating to the creation of the acquire property that comes into the possession of a Red River Groundwater Conservation District. law enforcement agency. Creates the Red River Groundwater Conservation SB 663 by Averitt – Relating to the dissolution of District covering Grayson and Fannin Counties. the Tablerock Groundwater Conservation District (TGCD). HB 833 by Miller, Sid was identical. HB 1923 by Heflin – Relating to the Irion County Water Conservation District. TGCD (single-district covering Coryell County) is dissolved. Coryell County is pursuing efforts to join Amends the Act creating the Irion County Water an existing groundwater conservation district to Conservation District to address issues relating to manage the aquifer on a regional basis. changing of boundaries through annexation or consolidation. Changed the date of election of Board SB 726 by Eltife – Relating to the creation of the members from April to May and increased the terms Harrison County Groundwater Conservation from two to four years. District (HCGCD). HB 4713 by Miller – Relating to certain exemptions The creation of the HCGCD must be confirmed by the from ad valem taxes imposed by the Cow Creek voters before December 31, 2010 or the district is Groundwater Conservation District. dissolved. The district may not purchase, sell, transport or distribute surface water or groundwater for Cow Creek Groundwater District is now authorized any purpose. The district may not exercise the power rather than required to exempt property on which a of eminent domain. water conservation initiative is implented from property taxes. The district is no longer required to SB 834 by Hegar – Relating to the date for electing grant an exemption or relief from property taxes on directors of the Goliad County Groundwater property served by a retail public utility under certain Conservation District. HB 753 by Gonzalez conditions. Toureilles was identical. HB 4785 by Weber – Relating to the powers and Changes to election cycle from May to November financing of the Brazoria County Groundwater every two years to elect the appropriate number of Conservation District. directors. Amends the Act creating the Brazorian County SB 1637 by Wentworth – Relating to the election Groundwater Conservation District to require the and terms of office of directors of the Guadalupe election of directors to be in May. Also specifies that County Groundwater Conservation District the production fee established and imposed by the (GCGCD). HB 1947 by Kuempel was identical. district board is based on the amount of groundwater permitted to be withdrawn from a well or the amount Changes the election cycle from May to the uniform of groundwater actually withdrawn from a well in an election date in November of each odd-numbered year amount not to exceed 17¢ per thousand gallons. to elect the district’s board of directors. SB 2495 by Zaffirini – Relating to the eligibility SB 2456 by Hinojosa – Relating to the creation of requirements to serve as a member of the board of the Brush Country Groundwater Conservation directors of the Bee Groundwater Conservation District. District.

Creates the Brush Country Groundwater Conservation Requires a person to own land in the single-member District covering Jim Hogg County and Brooks, Jim district from which the person is elected to serve on the Wells and Hidalgo Counties except those areas already boad of directors of the Bee Groundwater Conservation located within the boundaries of Kenedy County District. Groundwater Conservation District. 3 Legislative Update 2010 Chapter 4

SB 2513 by Averitt – Relating to the name and TCEQ has entered into a research contract with the confirmation of, and to certain fees imposed by, the Bureau of Economic Geology at UT-Austin to collect McLennan County Groundwater Conservation and review a wide variety of information, develop data District and to the authority to create certain sets and conduct a series of analysis regarding current adjacent groundwater conservation districts. activities relating to groundwater management of the Carrizo-Wilcox Aquifer in Texas. Changes the name of the McLennon County GCD to the Southern Trinity GCD. Also prohibits TCEQ from The study will seek to understand: creating, before September 1, 2011, a groundwater conservation district in the priority groundwater 1. the quality and quantity of scientific management area or adjacent to the priority information that has been utilized by groundwater management area in which the district is groundwater conservation districts that located. manage the Carrizo-Wilcox Aquifer; 2. the compatibility of different management SB 2520 by Duncan – Relating to the election and approaches currently in place for the Carrizo- qualifications of members of the board of directors Wilcox Aquifer; and of the Santa Rita Underground Water Conservation 3. predominant groundwater management and District. protection issues and concerns from stakeholders of the Carrizo-Wilcox Aquifer. Requires a director to be a resident of the district. Also moves the election date to the uniform election date in The first stakeholders’ meeting was held on January May of each odd-numbered year. 28, 2010. The scope of work may be found at www.beg.utexas.edu/cswr/aquiferstudy. Stakeholders SB 2543 by Hegar – Relating to the enforcement of were asked to complete and submit to the BEG one of rules by the Harris-Galveston Subsidence District two survey questionnaires. A first draft report is due and the Fort Bend Subsidence District. January 15, 2011 with the Final Report complete by June 30, 2011. Authorizes each district to assess and recover a civil penalty between $50 and $5,000 against a person, other EMINENT DOMAIN (CONDEMNATION) than a political subdivision for each violation, or day of continuing violation of the districts rules. If political In 2005, during the special session of the 79th subdivision commits a violation the civil penalty can Legislature, Senate Bill 7 was passed and signed into be an amount to or greater of 120% of the sum of the law by the Governor. SB 7 prohibits the use of fees assessed against the subdivision and the amount eminent domain by any governmental entity for the subdivision would have paid to an alternate water economic development, with certain limited supplier, or $5,000 for each violation and for each day exceptions. In 2007, the 80th Texas Legislature passed of a continuing violation. HB 2006 which contained further clarifications on the use of eminent domain. However, Governor Perry SB 2570 by Lucio – Relating to the board of vetoed the bill stating that “HB 2006 contained two directors of the Kenedy County Groundwater provisions that would vastly expand the cost to Texas Conservation District. taxpayers of public projects to the point where they grossly outweigh the bill’s benefits.” Divides the district into 5 single-member districts for electing directors and sets forth the method of electing Issues and concerns with the use of eminent domain directors. continue to be a hot topic. No less than twenty-six (26) bills and four (4) house joint resolutions were filed to CARRIZO-WILCOX AQUIFER STUDY address these concerns and issues. The bills generally tried to: (1) define the term public use; (2) define what The 81st Texas Legislature also directed TCEQ to is adequate and just compensation; and (3) define “conduct a study of the characteristics and impacts on landowner’s rights through the eminent domain groundwater planning in the Carrizo-Wilcox Aquifer.” process from the initial offer to purchase of the (See General Appropriations Act, Article VI TCEQ, property/easement, to rights years after the eminent Rider 36) domain proceeding is completed where the property was not put to the use for which it was taken. The Carrizo-Wilcox Aquifer covers all or part of twenty-four (24) groundwater districts and Groundwater Management Areas 11, 12, & 13. 4 Legislative Update 2010 Chapter 4

HJR 14 by Corte – Relating to the taking of private HB 1433 by Lucio III – Relating to the amount of property. the annual water quality fee imposed on wastewater discharge permits and on users of water. A constitutional amendment was proposed to ensure that any taking of property is for the public at large or Chapter 26, Texas Water Code, is amended to increase for the State or political subdivision of the State. The the fee the TCEQ may assess on a holder of a State or political subdivision must prove that the taking wastewater discharge permit or a water rights permit or is for the public and necessary. Voters approved the contract from $75,000 to $200,000. TCEQ adopted its constitutional amendment in November 2009 with 81% rules, effective July 30, 2009 increasing the following in favor. fees: (1) Public Health Service Fee; (2) Water Use Assessment Fee; and (3) Consolidated Water Quality HB 2685 by Callegari – Relating to the landowner’s Fee. bill of rights. HB 4043 by Callegari – Relating to notifications to Chapter 21, Property Code, is amended to address the certain purchasers of real property that may be provision of a landowner’s bill of rights to a property located in an area subject to a certificate of owner regarding eminent domain authority. The convenience and necessity for water or sewer effective date of this legislation was January 15, 2010. service.

GENERAL Chapter 13, Texas Water Code, is amended to not require a notice to a purchaser that real property is HB 751 by Callegari – Relating to the liability of a subject to a CCN if the transfer of title to property is public utility that allows recreational use of land located within the corporate limits of a municipality that the public utility owns, occupies, or leases. HB that is served by a municipally owned utility. 783 by Pickett is similar except no requirement to post a warning sign. SB 361 by Patrick – Relating to the requirement that water and sewer service providers ensure Chapter 75, Civil Practices and Remedies Code, is operations during an extended power outage. amended. A public utility, including a water and sewer utility that gives permission to a person to use the Water and sewer service providers in Harris and Fort utility’s premises for recreation does not by giving Bend Counties required to ensure service even in permission ensure that the premises are safe for extended power outage. An emergency preparedness recreation or incur any liability for death, injury, or plan must be submitted to TCEQ for approval. damages to property that may result. SB 1711 by Heger – Relating to the use of sediment HB 987 by Creighton – Relating to competitive control ponds to satisfy environmental and safety procurement and change order requirements for regulations at surface mining operations in the local governments. SB 624 by West is identical. state.

Various statutes are amended to raise the threshold that Sediment control ponds constructed for surface mining triggers competitive bidding for local governments to operations do not need a water right permit from $50,000. Allows governmental entities to designate TCEQ. one person to be in charge of change orders for work within the original contract that costs less than INTERIM CHARGES TO THE 81ST $50,000. Repeals the section of the Local Government LEGISLATURE Code that prohibited attorney’s fees against governmental entities in contract disputes. HOUSE OF REPRESENTATIVES – Speaker Joe Straus issued his interim committee charges in HB 1295 by Aycock – Relating to notification of an November 2009. Charges related to the changing face application related to a certificate of public of water rights follow. convenience and necessity for water or sewer service. House Committee on Land and Resource Management

Chapter 13, Texas Water Code, is amended to require Charge No. 2 – Examine unresolved issues relating to the TCEQ to provide notice of an application for a eminent domain legislation introduced during the 81st CCN to each county and groundwater district in the Legislative Session. Monitor any pending litigation. area proposed to be certified. 5 Legislative Update 2010 Chapter 4

House Committee on Natural Resources In January 2010 Lieutenant Governor Dewhurst issued the following interim charges to the Senate Committee Charge No. 1 – Evaluate groundwater regulations and on Natural Resources. permitting process throughout the state, including the role of state agencies in groundwater management, the Charge No. 1 – Analyze and compare the differences development of desired future conditions, and the in cost between immediate implementation of the State adoption of groundwater management plans in relation Water Plan compared to staged development over time. to regional and state water planning. When calculating the costs attributable to staged implementation, consider rising material costs, meeting Charge No. 2 – Monitor the effects of current and the needs of a growing population with temporary proposed federal initiatives that could impact the solutions, and the costs related to potential failure of implementation of the State Water Plan. Evaluate the existing, aging infrastructure. Review the development policies and investments developed by other states of State Water Plan infrastructure projects that have dealing with water issues similar to the State of Texas. been funded during the FY 08-09 and FY 10-11 biennia. Consider short-term and long-term dedicated Charge No. 3 – Monitor ongoing drought conditions sources of funding. and initiatives to promote water conservation through the review of the following: state requirements for the Charge No. 2 – Review the joint planning process for submittal of water conservation plans and annual management of groundwater resources and monitor the reporting; the “trigger” for use of drought contingency progress of groundwater conservation districts’ efforts plans; recommendations by state agencies and the to establish, before the statutory deadline, desired Water Conservation Advisory Council; and progress future conditions for aquifers. Identify any additional toward the development of recycled water resources resources or statutory changes necessary to promote and desalination projects. sound groundwater management, including promotion of desalination of brackish groundwater, elimination of Charge No. 4 – Evaluate the regulatory model for any exemptions, and coordination between investor-owned water and sewer utilities, including rate groundwater conservation districts and activities case process and timing, consultant fee recovery, regulated by the Texas Commission on Environmental overall cost reductions, and more effective consumer quality, the Railroad Commission of Texas, and the participation. state and regional water planning processes administered by the Texas Water Development Board. Charge No. 5 – Monitor the agencies and programs under the committee’s jurisdiction. Charge No. 3 – Monitor and review the implementation of the Environmental Protection House Committee on State Affairs Agency’s rules on carbon dioxide and federal legislation on greenhouse gases. Review the Charge No. 3 – Monitor federal legislation and participation of the Texas Commission on regulatory initiatives pertaining to climate change and Environmental Quality, the Railroad Commission of its effects on utilities and consumers. Consider Texas’ Texas, the Department of Agriculture, and the Public response to proposals and make recommendations as to Utility Commission is working collaboratively to any further preparations. comply with the federal mandates and in meeting federal clean air standards. SENATE – On December 9, 2009 Lt. Governor David Dewhurst announced Select Interim Charges for the Charge No. 4 – Study the need for the state to regulate Senate Resource Committee on Natural Resources. the drilling of new wells within prescribed depths and distances of Texas rivers, in order to prevent the Select Interim Charge No. 1 – Differences in cost draining of surface water from alluvial plains of river between immediate and delayed implementation of the basins. Make recommendations for any needed State Water Plan. legislation.

Select Interim Charge No. 2 – The joint planning Charge No. 5 – Determine whether the TCEQ should process for management of Texas’ finite groundwater identify and evaluate cumulative effects on public resources. health and the environment due to air toxics and ozone precursor emissions proposed in applications for new Select Interim Charge No. 3 – Implementation of water air permits, air permit amendments, and air permit conservation and reuse projects. renewals. Make recommendations, if needed.

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Charge No. 6 – Monitor the implementation of legislation addressed by the Senate Committee on Natural Resources, 81st Legislature, Regular and Called Sessions, and make recommendations for any legislation needed to improve, enhance, and/or complete implementation.

Monitor implementation of SB 16, relating to air quality; Monitor the implementation of the New Technology Implementation Grant program and assess the program’s effectiveness. Receive progress reports regarding the collaborative review of grant applications by the Texas Commission on Environmental Quality (TCEQ), the Comptroller of Public Accounts, the Railroad Commission of Texas, and the Public Utility Commission as established by H.B. 1796; Monitor the use of Texas Emissions Reduction Plan funds for the development of new strategies to reduce emissions; and Monitor the environmental impacts, including water usage, and role of the TCEQ and other agencies in oil and natural gas development in areas of the state such as the Barnett Shale.

RECENT DEVELOPMENTS

On February 12, 2010 Speaker Joe Straus announced the creation of a House Select Committee on Special Purpose Districts including, for example, hospital districts, crime control districts, emergency service districts, health service districts and water and wastewater districts. The Committee is to review and make recommendations for improving public accountability and transparency in the governance and operation of special purpose districts with particular focus on water-related districts. In addition the committee is to study the effect of multiple and overlapping special purpose districts have on taxpayers. Representative Harvey Hilderbran was appointed Chair of the committee.

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