Texas Take Note: The following water-related bills were passed by the 89th Texas Legislature and signed into law by Governor Abbott.
They become law on September 1, 2025.
Senate Bill 7 — the major water infrastructure bill — expands the scope of the Texas Water Fund and modifies an existing advisory committee overseeing water-related funds and programs. The Texas Water Development Board oversees the fund. The legislation works in conjunction with House Joint Resolution 7, which, pending a vote in November, will secure $1 billion through 2047 to support water infrastructure projects in the state.
House Bill 517 prevents property owners’ associations from imposing penalties on residents for discolored or brown vegetation during times when watering restrictions are in place, such as during a drought, according to the bill’s language. Provisions of the bill include defining a “residential watering restriction” and placing a limitation on fines.
House Bill 1689 amends Section 36.207 of the Texas Water Code to use district funds to maintain wells affected by groundwater, including wells located outside the district, if there is a contract under the Government Code with the district authorizing the funds.
Senate Bill 1145 amends Section 26.131 of the Texas Water Code and grants authority to the Texas Commission on Environmental Quality to issue permits for the land application of “produced water” which may be treated for beneficial use. “Produced Water” is a byproduct of mining, oil and gas operations and is the subject of renewed interest in thirsty West Texas..
Senate Bill 1268 amends Section 16.051 of the Texas Water Code by revising the TWDB’s obligation to review and updates its rules.
Senate Bill 1532 pertains to website posting requirements for the Texas Water Development Board including rules for the posting of key financial and administrative disclosures regarding funds it administers.
Senate Bill 1583 relates to the criteria used by local groundwater conservation districts to formulate groundwater management plans as prescribed by Section 36.1071 of the Texas Water Code. It specifically requires inclusion of Desired Future Conditions and Modeled Available Groundwater in local plans. This law is significant for owners, producers and exporters of groundwater and will factor heavily into groundwater permitting!
Senate Bill 1662 requires the Texas Commission on Environmental Quality to provide no more than 24-hour advance notice to a public drinking water supply system when a water quality test will be performed in connection with investigation of a complaint related to water quality. This law applies only to water supply systems that obtain their water “from underground sources.”
Senate Bill 1967 is a narrow bill relating to the criteria for financial assistance from the Texas Water Development Board. Its focus is availability of funds for flood mitigation and drainage systems projects.
Senate Bill 2124 postpones from April 1 to June 1 the publication deadline for the Texas Groundwater Protection Committee’s annual report that covers the activities and findings of the previous year.
Senate Bill 2550 involves a minor change to Section 33.135(a) of the Texas Natural Resources Code to clarify disclosure requirements when selling or transferring real property that abuts “tidally influenced waters of the state.” Specifically, the bill exempts transactions involving the sale of groundwater or surface water rights from the disclosure requirements commonly known as the “NOTICE REGARDING COATAL AREA PROPERTY.”
While these are the Water related bills that will go into effect next week, it is important to understand that water is still a very hot topic in the Texas Legislature. More importantly, the Legislature continues to meet and consider new laws. As of this writing, the Lege is presently in its Second Special Session, and numerous water related bills have been filed.
Groundwater exportation from rural counties is particularly hot, so expect new laws related to that topic to come your way soon. I will continue to monitor water related bills and post updates on this blog.
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Trey Wilson is a real estate and water rights lawyer in San Antonio. He handles land, contract and water-related lawsuits and transactions across Texas.
