89th Legislature Regular Session

SB 2568

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 2568 amends the Texas Water Code to create a specific exemption from the requirement to obtain a water rights permit from the Texas Commission on Environmental Quality (TCEQ) for certain dams and reservoirs maintained by local government entities. The bill applies to "qualified local sponsors," which are defined as political subdivisions—such as river authorities or water districts—created under Article III, Section 52(b)(1) or (2), or Article XVI, Section 59 of the Texas Constitution. These local sponsors must have an agreement with the U.S. Department of Agriculture’s Natural Resources Conservation Service (NRCS) under the federal Watershed Protection and Flood Prevention Act to manage and operate infrastructure for erosion, floodwater, or sediment control.

Under the bill, these qualified entities may construct or maintain a dam or reservoir with a storage capacity of up to 200 acre-feet without a permit from TCEQ, provided the infrastructure is located on land owned or controlled by the local sponsor and is used for the purposes outlined above. Additionally, the bill permits water diversion from such facilities when necessary for repair, maintenance, or rehabilitation, as long as those activities are aimed at preserving the operational integrity of the impoundment system.

Importantly, the bill stipulates that this exemption remains valid even if the agreement with the NRCS is terminated, as long as the infrastructure remains under the local sponsor’s control and continues to serve its original environmental purposes. To ensure regulatory clarity, SB 2568 requires TCEQ to adopt administrative rules to implement the new exemption by January 1, 2026.

The originally filed version of SB 2568 focused specifically on exempting certain flood control reservoirs developed under Public Law 83-566 from permit requirements of the Texas Commission on Environmental Quality (TCEQ). It authorized “qualified local sponsors”—defined as districts or authorities operating under relevant sections of the Texas Constitution and in partnership with the USDA’s Natural Resources Conservation Service (NRCS)—to construct or maintain small reservoirs (up to 200 acre-feet) and to divert water for repair and maintenance activities. It also clarified that this exemption persists even if the federal-local agreement is later terminated, as long as the sponsor retains control of the reservoir.

The Committee Substitute version retains the core framework but introduces key clarifications and structural changes. Most notably, it codifies the exemption under the broader Section 11.121 of the Water Code, which governs the general requirement for water appropriation permits. It explicitly lists the new Section 11.1423 as an exception to this requirement. Additionally, the substitute version tightens the language defining a "qualified local sponsor" and aligns statutory references more closely with the federal Watershed Protection and Flood Prevention Act (16 U.S.C. Section 1001), rather than referencing Public Law 83-566 generically.

The Committee Substitute also formalizes the role of the TCEQ in implementing rules by a deadline (January 1, 2026) and standardizes the statutory format and terminology consistent with the Texas Legislative Council Drafting Manual. Overall, the substitute version reflects a more precise and harmonized integration of the exemption into existing statute, while maintaining the policy intent of reducing permitting burdens on local conservation infrastructure.
Author
Judith Zaffirini
Sponsor
Stan Gerdes
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 2568 is not anticipated to have a significant fiscal impact on the state. The Texas Commission on Environmental Quality (TCEQ), which is tasked with adopting administrative rules to implement the new permit exemption for certain small flood control dams, is expected to absorb any related costs within its existing resources. This indicates that the administrative burden of rulemaking, oversight, or related implementation processes falls within the agency’s current operational capacity and budgetary allocations.

For local governments, the fiscal note likewise projects no significant fiscal implication. In fact, local entities may experience indirect cost savings over time due to reduced regulatory hurdles. The exemption from obtaining TCEQ permits for dams under 200 acre-feet that are managed by qualified local sponsors allows for more efficient maintenance and operation without incurring state permitting fees or the administrative costs associated with compliance. This can be particularly beneficial to rural water districts and conservation authorities operating under tight budgets.

Overall, SB 2568 represents a low-cost statutory change with potential long-term benefits for local water infrastructure management, particularly in erosion, floodwater, and sediment control. The bill aligns with the state’s broader efforts to reduce bureaucratic burdens without creating new unfunded mandates or necessitating increased state appropriations.

Vote Recommendation Notes

SB 2568 reduces regulatory burdens, reinforces local control, and operates without growing the size or cost of state government. The bill provides a narrowly tailored exemption to certain qualified local sponsors, such as soil and water conservation districts, that manage small dams and reservoirs (up to 200 acre-feet) for floodwater, sediment, and erosion control. Under current law, these entities must seek permits from the Texas Commission on Environmental Quality (TCEQ), even for routine maintenance or rehabilitation. SB 2568 removes this permitting requirement for specific low-risk infrastructure that already operates under federal agreements, allowing districts to maintain public safety infrastructure more efficiently.

Importantly, the legislation does not expand the scope or authority of any government agency. Instead, it limits state involvement by removing duplicative regulatory oversight. The bill entrusts local entities, who are already federally partnered and directly responsible for infrastructure operation, to act promptly and responsibly within clearly defined limits. This aligns with constitutional principles of local governance and efficient public administration.

From a fiscal perspective, the Legislative Budget Board determined the bill has no significant cost to the state or local governments, and any necessary rulemaking by TCEQ can be carried out within existing resources. There is no increase in taxes or fees, and the measure may actually reduce costs for districts by avoiding lengthy permitting delays.

Finally, SB 2568 does not impose any new obligations on individuals or businesses. Rather, it reduces the regulatory burden for local public entities and their constituents by removing unnecessary delays and costs. The bill exemplifies limited, accountable governance and provides a practical, low-cost solution to infrastructure management challenges, especially in rural and agricultural regions. As such, Texas Policy Research recommends that lawmakers vote YES on SB 2568.

  • Individual Liberty: While the bill does not directly regulate individuals, it promotes liberty by empowering locally accountable entities, such as water conservation districts, to manage public infrastructure without undue state interference. By removing unnecessary bureaucratic barriers to maintaining essential flood control reservoirs, the bill protects communities’ ability to respond to local environmental challenges in a timely and self-directed manner.
  • Personal Responsibility: The bill reinforces the principle of local responsibility. Qualified local sponsors (districts or authorities) that voluntarily enter into agreements with the USDA’s Natural Resources Conservation Service are entrusted to manage and maintain dams and reservoirs. By allowing these entities to operate without redundant state permitting, the bill supports the idea that those closest to a problem, who are already responsible for infrastructure oversight, are best equipped to handle it efficiently and responsibly.
  • Free Enterprise: While the bill focuses on public infrastructure rather than private business, it indirectly supports the free enterprise system by facilitating better flood and erosion control, conditions critical to agriculture, rural commerce, and property development. By streamlining maintenance and reducing regulatory delays, the bill minimizes potential disruptions to economic activity caused by infrastructure deterioration or flooding, thereby creating a more stable operating environment for private actors.
  • Private Property Rights: The infrastructure affected by this bill directly protects private lands from flooding and erosion. By enabling faster, more efficient maintenance of dams and reservoirs, the bill supports property owners whose lands benefit from functioning flood control systems. It safeguards land values and productive use by reducing risk and bolstering the effectiveness of natural resource protections managed at the local level.
  • Limited Government: This bill is a clear expression of the principle of limited government. It reduces the regulatory footprint of the state by removing a narrow class of infrastructure from TCEQ’s permitting regime, trusting local governance structures already operating under federal conservation standards. It also avoids any new spending, bureaucracy, or expansion of state power—emphasizing deregulation, not delegation.
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