89th Legislature Regular Session

SB 1624

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 1624 seeks to expand and clarify the purposes for which the Texas Water Bank and the Texas Water Trust may accept, hold, and facilitate the use of water rights. These entities operate under the oversight of the Texas Water Development Board (TWDB) and serve as mechanisms for water rights transactions and conservation efforts across the state.

The bill amends Section 15.703(a) of the Texas Water Code to detail a broader list of functions the Water Bank may perform. These include holding water rights in its own name, encouraging the deposit of conserved water, acting as a clearinghouse for water marketing information, and—most notably—accepting and holding donations of water rights for environmental and conservation uses. Such uses may include supporting instream flows, water quality standards, fish and wildlife habitats, and the inflow needs of bays and estuaries. The bill also allows the bank to enter into contracts for feasibility studies related to water conservation and the quantification of saved water.

Further, SB 1624 updates Section 15.7031(a) to reinforce that the Texas Water Trust—housed within the Water Bank—is exclusively intended to hold water rights for conservation and environmental purposes. This ensures a clear legal distinction between water rights held for commercial versus environmental goals.

Overall, SB 1624 aims to enhance the state’s water management flexibility and conservation infrastructure through voluntary, market-based mechanisms that support environmental flows and long-term water sustainability.

The Committee Substitute for SB 1624 introduces a more streamlined and focused version of the originally filed bill, narrowing its statutory scope and refining its terminology. One of the most significant differences is the removal of the originally proposed amendment to Section 12.028(b) of the Parks and Wildlife Code, which would have directed the Texas Parks and Wildlife Department to actively encourage the transfer of water rights into the Texas Water Trust for environmental and conservation purposes. By eliminating this section, the committee substitute narrows the legislation’s focus exclusively to the Texas Water Code, concentrating authority within the Texas Water Development Board.

Another key change lies in how the purposes of the Water Bank and Water Trust are articulated. The original bill included “water supply management” as a defined use for donated or leased water rights, framing conservation in both ecological and resource planning terms. The committee substitute omits this specific phrase and instead consolidates the language around broader “conservation or environmental needs,” offering illustrative examples like instream flows, water quality, and habitat protection. This shift subtly emphasizes environmental preservation over resource management, which may reflect a prioritization of ecological benefits within the program’s goals.

Additionally, the substitute version reorders and clarifies language to improve readability and cohesion. Bracketed amendments and reordered clause numbering from the original version are resolved, signaling that the substitute is a more polished legislative draft. While no functional authority is removed—both versions preserve the Water Bank’s capacity to hold, negotiate, and transfer water rights—the substitute clarifies and tightens the legislative language, possibly in response to committee feedback or stakeholder input aiming to simplify implementation and reduce administrative ambiguity.

In essence, the Committee Substitute reflects a legislative refinement: narrowing the bill’s scope, shifting emphasis toward environmental needs, and clarifying statutory language while maintaining the core objective of enhancing voluntary water conservation mechanisms in Texas.
Author
Nathan Johnson
Co-Author
Royce West
Fiscal Notes

According to the Legislative Budget Board (LBB), the bill would not create a significant cost burden on the state. It is anticipated that any administrative or operational expenses incurred as a result of the expanded authorities of the Texas Water Bank and Texas Water Trust can be absorbed within existing resources and budgets of the relevant agencies, primarily the Texas Water Development Board.

Importantly, the bill does not mandate new programs or funding streams, nor does it require state agencies to acquire or manage water rights beyond their current capacity. Instead, it expands and clarifies the permissible purposes for which water rights may be accepted and held—emphasizing voluntary donations and conservation-focused goals. As such, the mechanisms already in place at the Water Development Board, Texas Commission on Environmental Quality, and the Parks and Wildlife Department are deemed sufficient to implement the bill's provisions without additional state appropriations.

Likewise, there is no projected fiscal impact to local governments. Because participation in the Water Bank or Trust remains voluntary and the bill imposes no mandates on municipal or regional water systems, counties and municipalities are not expected to face new compliance costs or reporting burdens. In summary, SB 1624 is fiscally neutral and operationally compatible with current agency infrastructure and funding.

Vote Recommendation Notes

SB 1624 offers a targeted and measured update to the Texas Water Code, allowing the Texas Water Bank and the Texas Water Trust—both managed by the Texas Water Development Board (TWDB)—to accept and hold water rights not just for environmental needs, but also more broadly for conservation purposes. This includes protecting instream flows, water quality, fish and wildlife habitat, and bay and estuary inflows. The bill is intended to expand voluntary participation in water rights conservation and strengthen long-term water planning infrastructure in a non-regulatory, market-based manner​.

From a liberty-focused perspective, SB 1624 positively aligns with the principles of individual liberty, personal responsibility, free enterprise, and private property rights. It empowers water rights holders to voluntarily donate or transact with the Water Bank and Water Trust, providing new options to contribute to long-term environmental stewardship. The bill does not create new mandates, does not expand government enforcement authority, and avoids interference with privately held water rights, making it consistent with the principle of limited government. Additionally, the Legislative Budget Board has confirmed that the bill would carry no significant fiscal impact to state or local governments, with all anticipated costs absorbed using existing agency resources.

However, a valid and important concern arises from the fact that this legislation authorizes government entities to accept and hold water rights. Historically, when the state begins to accumulate or hold critical natural resources—even through voluntary means—it raises questions about long-term consequences, such as mission creep, reduced transparency, or the potential for public resources to be redirected away from their intended purpose. This concern reflects a core tenet of conservative and libertarian political thought: that government control over land or water—no matter how well-intended—should be treated with skepticism and monitored closely to ensure it does not evolve into centralized control that undermines private property rights.

SB 1624, as currently written, attempts to mitigate these risks in several ways. First, participation in the Water Bank and Trust remains completely voluntary; the state cannot compel donation, lease, or sale of water rights. Second, the legislation does not expand rulemaking authority, nor does it authorize any new enforcement or regulatory measures. The scope of the Water Trust’s use of acquired rights is narrowly tailored to conservation and environmental goals and not economic development or resource exploitation. Finally, the entities involved have an administrative role only—there is no broad policymaking or redistributive function attached to the acquisition of rights.

Nonetheless, these internal safeguards may not be sufficient in the long term. As a policy matter, it would be prudent for future iterations of this legislation—or for the implementation phase—to include specific transparency requirements, annual public reporting, and potentially a sunset review of the Water Trust’s expanded functions. These provisions would help ensure that the government remains a neutral facilitator of voluntary conservation rather than a slow-growing repository of resource control.

In conclusion, while Texas Policy Research recommends that lawmakers vote YES on SB 1624 based on its respect for private decision-making, fiscal restraint, and its potential to enhance Texas’s water resilience, that support should come with a strong recommendation for legislative oversight and vigilance. Stakeholders concerned with government growth—particularly in resource management—should monitor the Trust’s operations, advocate for guardrails if necessary, and remain engaged in ensuring that this bill continues to serve Texans through voluntary, transparent, and limited government action.

  • Individual Liberty: The bill respects and promotes individual liberty by preserving voluntary participation in the Texas Water Bank and Texas Water Trust. No person is compelled to donate, lease, or sell their water rights. Instead, the bill expands the options available to water rights holders who may choose to contribute their rights for conservation or environmental purposes. This enhances personal freedom, offering individuals and private entities more ways to exercise stewardship over their property in ways aligned with their values or long-term goals.
  • Personal Responsibility: By expanding the range of purposes for which water rights may be held by the state, the bill encourages voluntary, proactive conservation. Rights holders are incentivized to participate in preserving environmental flows and habitat health, thereby contributing to long-term water sustainability. This is a clear expression of personal responsibility in natural resource management, enabling Texans to act in service of future generations while preserving private choice.
  • Free Enterprise: The bill continues to support a market-based approach to water rights by facilitating transactions through a state-managed clearinghouse. It does not interfere with or limit private market activity. Instead, it creates transparency and efficiency in water transactions, including pricing information, conservation planning, and feasibility studies. These are key supports to a functioning water market, aligning the bill with free enterprise principles.
  • Private Property Rights: This principle is where some caution is warranted. The bill does not infringe on private property rights directly; it does not involve seizure, regulation, or forced transfer of water rights. However, because it authorizes government entities to hold water rights, it introduces a legitimate concern: over time, this could lead to state consolidation of valuable resources, even if initially driven by voluntary contributions. While this bill alone does not cross that line, it sets up a structure where ongoing legislative oversight will be important to ensure that property rights are not eroded under the guise of public interest.
  • Limited Government: The bill does not create any new regulatory authority, enforcement mechanism, or agency—it is operational in scope. That said, anytime the government is empowered to acquire and hold property, even voluntarily, it calls for guardrails to ensure the growth of government power is kept in check. The bill does a good job of limiting itself to administrative roles and environmental goals, but vigilance will be required to prevent future expansion beyond its original intent.
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