Texas House Bill HB 5385

Texas 2025 - 89th Regular

• Filed: 3/14/25

Caption

Relating to aquifer storage and recovery projects that transect a portion of the Edwards Aquifer.

Summary

HB 5385 amends the Texas Water Code to create a specific authorization for certain aquifer storage and recovery (ASR) projects that cross, or “transect,” part of the Edwards Aquifer. Under current law, the Texas Commission on Environmental Quality (TCEQ) generally may not authorize injection wells that transect or terminate in the Edwards Aquifer, but the bill adds an exception for an ASR injection well in Williamson County east of Interstate Highway 35 that injects water into a geologic formation underlying the aquifer. The bill also preserves existing exceptions for injections of groundwater withdrawn from the Edwards Aquifer, storm water or flood water through improved sinkholes or caves in karst areas, and certain injections authorized under prior law. The bill directs TCEQ to adopt rules by March 1, 2026, to implement the amended statute. In practical terms, the measure would allow a narrowly defined ASR project in a specific geographic area to proceed under state regulatory oversight, while leaving the broader prohibition on injection wells in the Edwards Aquifer largely intact. The bill would therefore modify the permitting framework for water storage and recovery projects in and around the Edwards Aquifer and could affect project developers, local water providers, and environmental regulators. Overall sentiment appears neutral to supportive based on the bill’s limited scope and the absence of recorded opposition or committee debate in the available materials. The bill was referred to the House Natural Resources Committee, indicating it was treated as a water-resources policy measure rather than a broadly controversial proposal. No votes or transcript excerpts are available, so there is no direct evidence of floor-level support or opposition in the provided record. The main point of potential contention is the carve-out for a project in Williamson County east of I-35, which may raise concerns about precedent, aquifer protection, and whether a site-specific exception is appropriate for a sensitive groundwater resource. Supporters would likely view the bill as a targeted way to expand water supply and storage options, while critics could argue that any new injection activity near the Edwards Aquifer warrants caution because of environmental and water-quality risks.

Impact

HB 5385 would amend Section 27.051(i) of the Water Code to add a new statutory exception allowing a narrowly defined aquifer storage and recovery project to transect part of the Edwards Aquifer in Williamson County east of Interstate Highway 35. It would also require TCEQ to adopt implementing rules by March 1, 2026. The bill affects state water permitting law, TCEQ’s rulemaking authority, ASR project developers, and stakeholders concerned with Edwards Aquifer protection and regional water supply planning.

Sentiment

The available record suggests a generally neutral to favorable sentiment, with the bill moving through the House Natural Resources Committee and no recorded votes or hearing transcript indicating opposition. Because the bill is narrowly tailored to a specific project area and preserves the general prohibition on injection wells in the Edwards Aquifer, it appears to have been framed as a targeted water-management measure rather than a broad policy shift.

Contention

The likely contention centers on whether the Legislature should create a site-specific exception for an ASR project that transects a portion of the Edwards Aquifer, a sensitive and heavily regulated groundwater source. Environmental and aquifer-protection concerns would likely focus on the risk of contamination, hydrologic impacts, and the precedent of allowing injection infrastructure in protected aquifer areas. Supporters would likely emphasize water-supply reliability, drought resilience, and the limited geographic scope of the exception.