Skip to main content

The Texas Legislature wrapped up its 89th session on June 2nd. It was, as always, a slow build to a frenzied finish. From environmental protections to classroom behavior to landowner rights, oil field blowouts, and so much more, few areas of Texans’ lives and livelihoods went untouched. Of the 9,240 bills filed (including both House and Senate bills as well as joint and concurrent resolutions), there were 1,317 sent to the Governor’s desk.  

Clean Water Action and our environmental allies view the 89th session as, on balance, positive. We held off efforts to make the most deep and devastating cuts to renewable energy buildout. We also pushed for and succeeded in helping get positive amendments to improve the big water bill package, which will devote $20 billion over the next twenty years to water infrastructure (if approved on the statewide ballot in November of 2025—stay tuned for updates on the ballot initiative for fall 2025!)  

Water made plenty of exciting splashes in this 89th Texas Legislature including the early on introduced packages House Joint Resolution 7 (HJR 7) (Cody Harris) and Senate Bill 7 (SB 7) (Charles Perry.) HJR 7 will dedicate an unprecedented, regular amount of funding over 20 years if passed by voters statewide in November. Fifty percent of the monies would be used to develop “new water supplies” for Texas, and the other half for projects such wastewater facilities, repairs to existing infrastructure, flood prevention, and more through the existing Texas Water Development Board. 

SB 7 supports HJR 7, laying out further detail about how the water funds would be allocated. It includes provisions that Clean Water Action and many allies pushed hard to make happen: to expand the definition of “new” water supplies to encompass previously lost gallons to leaking and inefficient pipes, as well as water recovered from reuse projects. Unfortunately, other considerations for “new” water supplies can include ocean desalination, new reservoirs, and potential for injection of oil and gas wastewater into rivers and underground water supplies. We testified “on” the bill, which means neither for nor against, but with recommendations for improvements.  

Water bills that passed through both houses and now await final action by the governor include House Bill (HB) 517 (Harris Davila) that will disallow HOAs to fine residents who have discolored lawns due to following local water restrictions during drought. HB 3333 (Eddie Morales) lends historic protection to the Devils River as one of the most pristine remaining in Texas. Keep reading for a breakdown of other bills that have (or would have had) a large impact on our water and our enivornment.

 

Bills that are good for environmental protections that made it through include:  

Energy 

  • SB 1202 (Sen. King) will help ease the process for permitting rooftop solar and batteries; 

  • HB 3809/SB 1824 sets both decommissioning and safety standards for battery storage systems; 

  • SB 6 (King) will give greater ability for ERCOT to address the growing power demand to operate data centers; 

Oil & Gas 

  • SB 1150 (Middleton) will force the plugging of oil and gas wells that have been inactive for at least 15 years by the owning company; 

  • SB 1146 (Birdwell) will also help speed up oil and gas well plugging; 

Clean Air 

  • SB 763 (Alvarado) will require that concrete batch plants receive more regular protectiveness reviews of standard permits; 

  • HB 3866 (Landgraf) bans certain kinds of outdoor chemical storage facilities from being located near homes. 

 

Some bad bills died. Phew! 

  • SB 383 (Middleton) would have banned offshore wind in state waters from connecting with ERCOT to provide that power into the user grid; 

  • SB 715 (Sparks) would have forced wind and solar companies into paying heavy “firming” fees; 

  • SB 819 (Kolkhorst) would have adopted a permitting program for wind and solar energy projects that was so onerous as to have killed many or most; 

  • SB 388 (King) would have required that 50% of new energy generation come from natural gas or force renewable energy companies to pay high fees to gas companies; 

  • HB 4313 (Bell) and HB 4314 (Cecil) were attacks on local efforts to fight climate change; and 

  • SB 495 (Sparks) would have forbidden the insurance department from factoring in climate change. 

 

It was not all good news. Some good bills, sadly, did not make it through the gauntlet including: 

Water, Plastics, PFAS, Air Quality, & Waste Reduction 

  • HB 3637 (Troxclair) would have allowed counties to provide tax credits for properties adopting rainwater harvesting; 

  • HB 2347 (Zwiener) would have allowed Hays County to create water conservation standards in unincorporated areas; 

  • HB 1145 (Morales Shaw), HB 3738 (Shofner), and SB 1898 (Johnson) would have created studies on the health effects of the PFAS “forever chemicals” and banned their use in firefighting foam except during emergencies; 

  • HB 4028 (Zwiener) and SB 2441 (Zaffirini) to have plastics manufacturers end the dumping and spill of plastic pellets into Texas waters; 

  • SB 2082 (Miles) would have protected air quality by prohibiting concrete crushing facilities near hospitals; 

  • SB 728 (Johnson) and HB 2048 (Lujan) would have created a bottle deposit program; and 

  • SB 2689 (Hancock) and HB 4839 (Walle) would have established a new fund for promoting recycling. 

 

Some bad bills that passed: 

  • HB 49 (Darby) will allow oil and gas companies to escape liability for any water contamination that results from their discharging treated wastewater; 

  • SB 2078 (Kolkhorst) could result in unintended consequences of discouraging beneficial composting.

 

We are grateful for our many partners, including member organizations of the Alliance for a Clean Texas among others, and for the work of the elected officials and hundreds of staff members who make the legislative process happen. Finally, we would not have meaningful standing or grassroots power without you, our members and supporters here in Texas. Many thanks to you for powering our “strength in numbers” machine!

 

States/Regions
Related Priorities