HB 1689

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
positive
Property Rights
neutral
Personal Responsibility
neutral
Limited Government
neutral
Individual Liberty
Digest
HB 1689 seeks to amend Section 36.207 of the Texas Water Code to expand the permissible uses of groundwater export fees collected by groundwater conservation districts (GCDs). Under existing law, GCDs may charge export fees when groundwater is transported out of their district. HB 1689 specifically addresses export fee increases made on or after January 1, 2024, and outlines how those funds may be used to address the impacts of groundwater development.

The bill allows GCDs to use these export fee revenues for several purposes: maintaining the operability of wells significantly impacted by groundwater extraction (including those located outside the district), developing or distributing alternative water supplies, and conducting aquifer monitoring, data collection, and aquifer science. These provisions are aimed at mitigating the localized and regional effects of heavy groundwater pumping, particularly in areas experiencing aquifer depletion or well failures.

Importantly, the bill also authorizes a district to use these funds on wells located in another district, but only if an interlocal agreement is established between the two districts under Chapter 791 of the Government Code. This measure is intended to facilitate regional cooperation and ensure that funds are used with mutual consent and coordination when addressing cross-boundary groundwater impacts.
Author (1)
Stan Gerdes
Sponsor (1)
Lois Kolkhorst
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 1689 is not expected to have a fiscal impact on the state budget. The bill simply authorizes the use of groundwater export fees already collected by groundwater conservation districts (GCDs) for additional purposes, such as well maintenance, aquifer monitoring, and alternative water supply development. Since the measure does not impose new mandates on state agencies or require additional appropriations, no state-level fiscal implications are anticipated.

At the local level, the bill is also projected to have no significant fiscal impact on units of local government. Groundwater conservation districts retain discretion over how they utilize export fee revenues, and the expanded uses outlined in the bill align with activities many districts already undertake. While the legislation enables GCDs to allocate funds to projects outside their district boundaries through interlocal agreements, such actions remain voluntary and subject to locally negotiated terms. As such, it is unlikely to place new financial burdens on local entities.

Overall, HB 1689 facilitates greater flexibility in managing existing revenue streams rather than creating new financial obligations, ensuring that both state and local fiscal impacts remain minimal.

Vote Recommendation Notes

HB 1689 presents a measured and responsible update to Texas groundwater management policy by allowing groundwater conservation districts (GCDs) to use export fee revenues to address well impacts beyond their own district boundaries, provided they enter into an interlocal agreement with the affected district. This change reflects the practical reality that groundwater systems do not conform to political borders, and large-scale water exports can have regional effects. By requiring mutual agreement through interlocal contracts, the bill preserves local control and ensures funds are not unilaterally allocated.

Importantly, the bill does not impose any new taxes, regulations, or mandates. It merely expands the allowable use of an existing revenue stream. There is no fiscal impact to the state or significant burden on local governments, as confirmed by the Legislative Budget Board. Nor does it increase the regulatory load on landowners or water users. Instead, it enhances local flexibility to manage groundwater impacts and promotes cooperative problem-solving between neighboring districts.

While the bill modestly expands the geographic scope of local government activity, it includes safeguards and does not increase the size of government or create new enforcement powers. For those who value both local autonomy and practical governance, HB 1689 strikes a fair balance. Given its narrow focus, policy alignment with real-world groundwater challenges, and the absence of new burdens on individuals or taxpayers, Texas Policy Research recommends that lawmakers vote YES on HB 1689. The bill advances good groundwater stewardship, preserves local oversight, and empowers districts to address cross-boundary impacts in a collaborative, transparent manner.

  • Individual Liberty: The bill supports individual liberty in a broad sense by helping ensure that property owners have continued access to functioning water wells, even if those wells are affected by groundwater pumping in another district. By facilitating regional solutions, it protects a vital need—access to water—without creating new restrictions or penalties on individuals.
  • Personal Responsibility: The bill neither promotes nor discourages personal responsibility. It empowers local government entities to respond to shared problems, but it does not shift any burden or accountability from individuals to the state or districts. It leaves existing responsibilities for landowners, water users, and GCDs unchanged, while offering a voluntary tool for cooperation.
  • Free Enterprise: The bill maintains a business-friendly framework by not imposing any new fees or regulations. In fact, by supporting the integrity of water infrastructure across district lines, it may contribute to greater economic stability in rural and agricultural areas where groundwater access is essential to enterprise. It does not distort markets, subsidize private activity, or pick winners and losers.
  • Private Property Rights: The core function of this bill—using export fees to maintain the operability of wells affected by groundwater development—directly supports property owners who rely on groundwater access. Extending this support to affected properties near district borders acknowledges the interconnected nature of aquifers and ensures that landowners in those areas are not unfairly disadvantaged due to jurisdictional technicalities.
  • Limited Government: While the bill modestly expands the geographic scope of local government action, it does so without growing bureaucracy or increasing spending. The requirement for an interlocal agreement keeps power decentralized and cooperative. Still, some may argue this sets a precedent for districts to operate outside their traditional boundaries, raising mild concerns about the erosion of strictly limited local authority. This concern could be mitigated through transparency and clear criteria in future agreements.
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