HB 5348

relating to acquiring real property interests for environmental
mitigation required for water projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 16.144, Water Code, is amended to read as
Sec. 16.144.  ENVIRONMENTAL MITIGATION.  (a)  If a person
proposing to construct [a reservoir whose site has been designated
as unique for the construction of a reservoir under Section
16.051(g)] project under this chapter is required to mitigate
future adverse environmental effects arising from the construction
or operation of the [reservoir] project or its related facilities,
the person shall, if authorized by the applicable regulatory
authority, attempt to mitigate those effects by offering to
contract with and pay an amount of money to an owner of real
property [located outside of the reservoir site] to maintain the
property through an easement instead of acquiring the fee simple
title to the property for that purpose.
(b)  An owner of real property may reject an offer made under
Subsection (a). If agreement on the terms of an easement under
Subsection (a) cannot be reached by the parties after a good faith
attempt and offer is made, then the party constructing the
[reservoir] project may obtain fee title to the property through
voluntary or involuntary means.
(c)  If a person does not mitigate future adverse
environmental effects arising from the construction or operation
of a project or its related facilities, by an easement instead of
acquiring the fee simple title to the property, the person shall
submit an explanatory report to the board that provides the reasons
the person was not able to utilize an easement for mitigation.
SECTION 2.  This Act takes effect September 1, 2025.