Texas House Bill HB 5493

Texas 2025 - 89th Regular

• Filed: 3/14/25

Caption

Relating to the diversion and discharge of water for desalination.

Summary

HB 5493 directs the Texas Commission on Environmental Quality to conduct a joint study with the Parks and Wildlife Department and the General Land Office on whether it is appropriate to divert water from bays or arms of the Gulf of America for desalination. The study must evaluate where such diversions and discharges could occur and identify location-specific tolerances for brine salinity, toxicity, temperature, mixing-zone velocity, discharge volume, and siting factors that would minimize harm to marine life and freshwater inflow benefits. The bill also requires the study to consider ecological conditions and the needs of local industries that depend on coastal resources. The commission must report its findings by September 1, 2026, including recommended tolerances and a standardized modeling application for permit requests if diversion is found appropriate in any location. By September 1, 2027, the commission must adopt rules determining whether diversion for desalination is allowable in bays or arms of the Gulf and designate approved locations, factors, tolerances, and a standardized modeling approach for permit applications. Until those rules are adopted, applicants proposing diversion or discharge in those coastal waters must consult with the Parks and Wildlife Department and the General Land Office before filing permit applications or beginning construction, and the consultation results must be included in the permit record.

Impact

The bill would add a new Section 18.006 to Chapter 18 of the Water Code and affect permitting and rulemaking under Chapters 11, 18, and 26 for desalination projects involving marine seawater or brackish water in bays or arms of the Gulf. It would create a formal state process for evaluating whether such diversions and discharges are permissible, establish location-specific environmental and operational standards, and require a standardized modeling method for permit applications. In practice, it would add an interagency consultation step and likely make coastal desalination projects subject to more detailed environmental review before permits can be issued.

Sentiment

The available record shows no committee transcript or vote history, so there is no documented debate or recorded support/opposition in the provided materials. Based on the bill text, the measure appears to be framed as a technical and environmental management bill rather than a broad policy change, with an emphasis on balancing desalination development against protection of marine ecosystems and coastal industries. The absence of recorded votes or hearings means the overall legislative sentiment cannot be measured from the provided context.

Contention

The main points of potential contention are likely to be whether desalination diversions from bays or Gulf arms should be allowed at all, and if so, how strict the environmental limits should be. Environmental interests and marine resource advocates would likely focus on protecting marine organisms, freshwater inflows, and bay ecology, while water supply and desalination proponents would likely favor clearer and more permissive standards to support project development. Local industries dependent on coastal resources, such as fisheries and related businesses, may also have concerns about brine discharge, salinity changes, and cumulative impacts. The bill itself reflects these competing interests by requiring consultation and location-specific tolerances rather than a blanket authorization.