Overall Vote Recommendation

Neutral

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 3628 amends the Texas Water Code to strengthen the oversight and updating processes for the state's water and flood planning activities. Specifically, it requires the Texas Water Development Board (TWDB), in coordination with various agencies including the Texas Commission on Environmental Quality (TCEQ), the Department of Agriculture, and the Parks and Wildlife Department, to review and update guidance principles and rules related to the State Water Plan and State Flood Plan at least once every five years. These updates are aligned with the regular five-year planning cycles to ensure that policies remain current, responsive to changing conditions, and reflective of public interests.

The bill also establishes that rules related to the water and flood plans are exempt from the standard four-year rule review process mandated by Section 2001.039(b) of the Government Code. This adjustment helps avoid duplicative administrative reviews, instead focusing on updates within the natural rhythm of the broader planning efforts. Additionally, the bill ensures input from a broader group of state agencies during each review cycle, promoting interagency collaboration and comprehensive policy development.

HB 3628 is intended to enhance the consistency, transparency, and reliability of Texas’s water and flood management systems without expanding government power unnecessarily. By codifying a predictable update cycle, the legislation provides clearer expectations for stakeholders, fosters better long-term planning, and supports critical infrastructure and environmental stewardship efforts across Texas.

The originally filed version of HB 3628 required the Texas Water Development Board (TWDB) to review and update its guidance principles and rules related to the State Water Plan, Regional Water Planning, and State Flood Plan at least once every five years, aligning with the planning cycles already established by statute. Additionally, it explicitly exempted these rules from the general requirement under the Government Code to review administrative rules every four years. The structure was straightforward but somewhat repetitive across different sections of the Water Code, and it lacked certain technical refinements typically made during the committee process.

The Committee Substitute kept the substance of the bill intact but made several important clarifications and improvements. The substitute cleaned up the statutory references to make them more precise, particularly ensuring that cross-references to the five-year planning cycle were clear and consistent. It also improved the internal alignment between water and flood planning sections by specifying that flood planning reviews align directly with the timelines established in Section 16.061, minimizing any potential ambiguity between plans. Furthermore, the Committee Substitute made minor structural edits to better conform to standard drafting practices, such as refining the bill caption and improving the formatting of statutory additions for clarity and ease of application.

Overall, the Committee Substitute did not alter the policy goals of the originally filed bill but enhanced its technical precision and statutory harmony. These changes help ensure that the TWDB’s future rule reviews and updates will be timely, coordinated across agencies, and legally clear, while avoiding redundant administrative processes.

Author

Denise Villalobos

Contact the Author

Rep. Denise Villalobos

Capitol Phone:

(512) 463-0462

Capitol Office:

EXT E2.812

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3628 would have no significant fiscal implications for the state. The Texas Water Development Board (TWDB) and the associated agencies (such as the Texas Commission on Environmental Quality, Department of Agriculture, General Land Office, Parks and Wildlife Department, Division of Emergency Management, and the State Soil and Water Conservation Board) are expected to manage the additional responsibilities of reviewing and updating water and flood planning rules using their existing resources. This means that the administrative tasks required by the bill—primarily updating rules and guidance documents every five years—are not expected to require new appropriations or additional staffing.

Similarly, no significant fiscal impact on local governments is anticipated. The bill does not impose new mandates or financial obligations on cities, counties, or water districts; rather, it focuses on internal processes within state agencies. Since local entities are not being tasked with additional duties or compliance costs under the bill, there should be no measurable budgetary effect at the local level.

Overall, the fiscal impact of HB 3628 is neutral, with state agencies expected to absorb any additional workload through existing budgets and personnel.

Vote Recommendation Notes

HB 3268 revises the Texas Water Development Board’s (TWDB) regulatory process by aligning rule reviews for the State Water Plan and State Flood Plan with the existing five-year planning cycles, rather than the current four-year rule review requirement under the Administrative Procedure Act. The bill also exempts these specific rules from the four-year review mandate entirely, streamlining administrative operations without creating new regulatory programs or altering substantive policy.

The bill’s fiscal impact is minimal. According to the Legislative Budget Board, any administrative costs associated with the rule update process can be absorbed by the TWDB and related agencies within their existing budgets. Local governments are not expected to incur any new financial burdens as the bill does not impose mandates on municipalities or counties.

Importantly, while HB 3628 promotes administrative efficiency and better aligns internal rule reviews with real-world planning cycles, it does not meaningfully advance or undermine core liberty principles such as individual liberty, free enterprise, or private property rights. It is fundamentally an internal procedural adjustment within state agencies. Although some may raise mild concerns about slightly reduced regulatory oversight frequency, the bill largely represents a technical clarification rather than a substantive policy shift.

Given the limited policy impact and narrow administrative nature of HB 3628, Texas Policy Research remains NEUTRAL.

Individual Liberty: The bill does not affect individual freedoms or rights; it focuses entirely on internal state agency processes without changing how individuals interact with government.
Personal Responsibility: The bill promotes better governmental responsibility in managing water and flood planning, but it does not impose new obligations on individuals or promote greater personal accountability.
Free Enterprise: By streamlining planning processes and aligning updates with real-world timelines, the bill provides greater predictability for businesses that rely on stable infrastructure planning, slightly supporting free enterprise.
Private Property Rights: Although better water and flood planning may indirectly protect private property from disaster risks, the bill itself does not alter or enhance property rights protections under law.
Limited Government: The bill modestly supports limited government by eliminating redundant regulatory reviews, reducing unnecessary administrative burdens without expanding state authority.

Related Legislation

SB 1268 (Similar To)

View Bill Text and Status