89th Legislature Regular Session

HB 3333

Overall Vote Recommendation
No
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 3333 amends the Texas Water Code by adding Section 26.0275 to Subchapter B, Chapter 26. The bill places a restriction on the Texas Commission on Environmental Quality (TCEQ) by prohibiting the issuance of new permits for direct discharges of waste, effluent, or pollutants from domestic or industrial wastewater treatment facilities into certain water bodies within Val Verde County. Specifically, this applies to any unclassified water body that drains into the Devils River, which is recognized as a "classified segment" due to its inclusion in Appendices A and C of 30 TAC Section 307.10 as of September 1, 2025.

The bill defines "classified segment" narrowly, limiting it to sections of the Devils River located in Val Verde County, reinforcing the unique environmental and ecological importance of this waterway. It explicitly exempts municipal separate storm sewer systems (MS4s) and general permits related to stormwater or associated non-stormwater discharges from this prohibition, ensuring that standard stormwater management operations can continue under current frameworks.

Importantly, the legislation is prospective in nature. It only applies to permit applications submitted on or after the bill’s effective date. Any applications submitted before that date are not affected and will continue to be governed by the laws in place at the time of filing. This ensures regulatory stability and fairness for stakeholders with pending projects.

Overall, HB 3333 is a targeted environmental protection measure aimed at safeguarding one of Texas’s most pristine river systems from new sources of direct wastewater discharge, balancing ecological preservation with regulatory predictability and operational flexibility.

The Senate Committee Substitute for HB 3333 makes several important revisions to the House Engrossed version, narrowing the bill’s scope and refining its language for regulatory clarity and focus. Most notably, the Senate version simplifies the definitions and areas subject to the proposed discharge restrictions. While the House version applied broadly to “stream segments,” “stream assessment units,” and related “drainage areas,” the Senate version limits its application specifically to “classified segments” of the Devils River and unclassified water bodies in Val Verde County that drain into those segments. This shift removes more expansive or ambiguous categories, focusing the bill tightly on the ecological protection of the Devils River.

Another substantive change is the removal of “commercial” wastewater treatment facilities from the list of facilities subject to permit restrictions. The House version prohibited new discharge permits for domestic, industrial, and commercial facilities, while the Senate version limits this to only domestic and industrial sources. This revision could create room for smaller commercial operations to continue or initiate discharge activities, depending on how they are classified, potentially easing the bill’s burden on some local businesses.

Additionally, the Senate version adopts a more streamlined drafting approach by eliminating multiple layers of terminology and relying more heavily on existing regulatory designations within the Texas Administrative Code. This simplification may improve administrative clarity for the Texas Commission on Environmental Quality and regulated entities. Importantly, both versions maintain exceptions for permits related to municipal separate storm sewer systems and general stormwater discharges, signaling a consistent intent not to interfere with standard stormwater management practices.

In essence, the Senate Committee Substitute preserves the core environmental goal of the bill—protecting the Devils River from new point-source pollution—while tightening its focus and reducing regulatory complexity. These changes reflect a compromise between environmental protection and administrative manageability.
Author
Eddie Morales
Sponsor
Cesar Blanco
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 3333 indicate that there would be no significant fiscal impact on the state. The Texas Commission on Environmental Quality (TCEQ), the primary agency affected by the bill, is expected to implement the new restrictions using existing staff and resources. This means that no additional appropriations or staffing increases are anticipated to enforce or administer the discharge permit restrictions outlined in the bill.

However, the fiscal impact on local governments is less certain. The analysis notes that the fiscal implications at the local level cannot be determined at this time. This uncertainty likely stems from the fact that the bill could affect future development plans, wastewater infrastructure, or economic activities within Val Verde County, particularly if new discharge permits would have supported growth or commercial operations. Local governments could face indirect costs or operational limitations depending on how reliant they are on new wastewater permitting options in the restricted area.

Overall, while the bill is fiscally neutral at the state level, its localized effects may vary based on how municipal and economic development interests intersect with the restricted zones along the Devils River. Further fiscal analysis might be warranted if future permit applications are blocked and alternative infrastructure becomes necessary.

Vote Recommendation Notes

While HB 3333 aims to preserve the ecological integrity of the Devils River—a laudable goal—it ultimately imposes a blanket ban on new wastewater discharge permits in Val Verde County that raises significant concerns from the standpoint of individual liberty, property rights, and free enterprise. The bill restricts the Texas Commission on Environmental Quality (TCEQ) from issuing new permits for domestic and industrial wastewater discharge into classified segments of the Devils River or unclassified water bodies that feed into them, even if those discharges might fully comply with existing water quality standards. This one-size-fits-all approach substitutes regulatory discretion and scientific assessment with a rigid prohibition that may not be justified in all cases.

First, the bill reflects a form of government overreach. TCEQ already possesses the authority to deny permits that would harm water quality, backed by robust environmental assessment processes. HB 3333 eliminates the opportunity for applicants to demonstrate compliance or present engineering solutions, essentially second-guessing the professional judgment of regulators and replacing it with a political restriction. This could undermine faith in evidence-based regulatory systems and establish a precedent for similar blanket bans in other regions, irrespective of actual environmental risk.

Second, HB 3333 could chill future economic growth in Val Verde County. The region’s potential for small-scale industrial development, new housing, or rural enterprise may rely on cost-effective wastewater discharge solutions. By categorically prohibiting these permits, the bill could discourage private investment and complicate rural infrastructure planning. These are consequences that may be difficult to quantify now but could accumulate over time, particularly if alternative water treatment systems are prohibitively expensive or infeasible on certain properties.

Third, the bill imposes a substantial restriction on private property rights. Landowners in the affected region may find their development options significantly limited, regardless of their intentions to protect or enhance the land's environmental value. For example, a family wishing to construct a home subdivision, retreat center, or small-scale agricultural processing facility would be legally barred from obtaining a permit, even if they could design a discharge system with no measurable impact on the river. This undermines the principle that landowners should be able to responsibly use their property within the bounds of existing law.

Finally, the bill’s exception for stormwater discharges shows that some discharges are still considered acceptable within the watershed. This highlights the inconsistency of prohibiting others outright. A more balanced approach would be to raise discharge standards or require additional oversight for facilities within sensitive watersheds, rather than banning them entirely.

While the intention to protect the Devils River is reasonable, HB 3333 relies on an overly broad and inflexible regulatory method that encroaches on individual liberty, property rights, and local economic opportunity. A more nuanced solution, focused on strengthening permit conditions or improving enforcement, would better align with the principles of limited government and free enterprise. For these reasons, Texas Policy Research recommends that lawmakers vote NO on HB 3333.

  • Individual Liberty: While the bill aims to preserve public environmental goods (clean water, scenic river access), it restricts how individuals, especially landowners and developers, can use their property. It prevents individuals from seeking state permits to discharge wastewater, even if that discharge could be safely managed and treated. This is a limitation on personal freedom to develop or utilize private land, particularly in a rural area where centralized wastewater infrastructure may be unavailable.
  • Personal Responsibility: The bill can be seen as encouraging responsible stewardship of natural resources by preemptively limiting pollution in an ecologically sensitive area. However, it may also undermine the responsibility-based permitting system already in place, which evaluates applicants individually. By replacing that with a blanket ban, the bill may remove the incentive for individuals and businesses to invest in cleaner technologies or demonstrate compliance, since they would be denied a permit regardless of their environmental performance.
  • Free Enterprise: The bill directly limits free enterprise by closing off the option for certain new businesses or developments that rely on discharge permits to operate. This is particularly burdensome in rural regions, where economic development often requires creative infrastructure solutions. Even environmentally responsible projects could be denied simply because of location, deterring investment and growth in Val Verde County. From a free market standpoint, the bill imposes a state-imposed barrier to entry.
  • Private Property Rights: Perhaps the most direct impact is on private property rights. Landowners may find themselves unable to build, subdivide, or operate businesses on their land if those activities require a discharge permit. This bill could be seen as infringing on the principle that individuals should be free to make productive use of their property, subject to reasonable environmental safeguards, of which Texas already has many. The bill shifts the standard from conditional oversight to outright prohibition.
  • Limited Government: Rather than refining or strengthening TCEQ’s case-by-case permitting authority, the bill removes discretion entirely in a defined region. It suggests that lawmakers, rather than regulators and engineers, are better equipped to determine the appropriateness of discharge activity. This is arguably an expansion of state power over a specific area’s development and environmental management, contrary to the principle that government should intervene only when necessary, and with minimal scope.
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