By: Frank, et al. (Senate Sponsor - Rodríguez) H.B. No. 3735          (In the Senate - Received from the House May 15, 2017;   May 15, 2017, read first time and referred to Committee on   Agriculture, Water & Rural Affairs; May 19, 2017, reported   adversely, with favorable Committee Substitute by the following   vote:  Yeas 5, Nays 0; May 19, 2017, sent to printer.)Click here to see the committee vote    COMMITTEE SUBSTITUTE FOR H.B. No. 3735 By:  Perry     A BILL TO BE ENTITLED   AN ACT     relating to an application for a new or amended water right   submitted to the Texas Commission on Environmental Quality.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 11.002(1) and (3), Water Code, are   amended to read as follows:                (1)  "Commission" means the Texas [Natural Resource   Conservation] Commission on Environmental Quality.                (3)  "Executive director" means the executive director   of the Texas [Natural Resource Conservation] Commission on   Environmental Quality.          SECTION 2.  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; and                (4)  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 3.  Section 11.125(a), Water Code, is amended to   read as follows:          (a)  The application must be accompanied by a map or plat in   the form and containing the information prescribed by the   commission [drawn on tracing linen on a scale not less than one inch   equals 2,000 feet].          SECTION 4.  Section 11.128, Water Code, is amended to read as   follows:          Sec. 11.128.  PAYMENT OF FEE. The [If the] applicant [is   not exempted from payment of the filing fee under Section 12.112 of   this code, he] shall pay the filing fee prescribed by Section 5.701   [5.701(c)] at the time [he files] the application is filed. The   commission may [shall] not record, file, or consider the   application until the executive director certifies to the   commission that the fee is paid.          SECTION 5.  Section 11.134, Water Code, is amended by adding   Subsection (b-1) to read as follows:          (b-1)  In determining whether an appropriation is   detrimental to the public welfare under Subsection (b)(3)(C), the   commission may consider only the factors that are within the   jurisdiction and expertise of the commission as established by this   chapter.          SECTION 6.  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 7.  Sections 11.125(b) and (c), Water Code, are   repealed.          SECTION 8.  The changes in law made by this Act apply only to   an application for a new or amended water right received by the   Texas Commission on Environmental Quality on or after the effective   date of this Act. An application received before the effective date   of this Act is governed by the law in effect on the date the   application was received, and the former law is continued in effect   for that purpose.          SECTION 9.  This Act takes effect September 1, 2017.     * * * * *