Despite powerful opposition, this session saw big wins for our legislative agenda. Environment Texas and our allies defeated major threats to clean energy and local climate action, while helping pass forward-thinking laws on rooftop solar, conservation, and the right to repair. Still, key challenges remain—from plastic pollution to PFAS “forever chemicals.” Here’s our recap of the major bills impacting the environment in the 89th session of the Texas Legislature. Note, of course, though most of the bills which passed have not yet been reviewed by the Governor, so it’s still possible some could get vetoed.
First, the bad bills that died
The Texas Senate passed a number of bills which could have ground renewable energy development to a halt, including:
- SB 388 (King), which would have required that 50% of new generation come from natural gas or else make renewable energy pay steep fees to gas companies
- SB 819 (Kolkhorst), which would have adopted a discriminatory and capricious permitting program for wind and solar energy
- SB 715 (Sparks), which would have forced wind and solar companies to pay onerous “firming” fees
- SB 383 (Middleton), which would have banned offshore wind in state waters from interconnecting with ERCOT
Thankfully, all of these bills ultimately died! One other bill started off bad – HB 3556 (Vasut), which would have allowed the state to veto certain wind energy projects – but was amended to be good policy (requiring closer consultation between wind energy developers and the parks and wildlife department).
There were also a number of attacks on transit and biking, including bills to undermine Austin’s Project Connect (SB 2519, SB 3071 and SB 2238 among others), Dallas Area Rapid Transit (HB 3187) and Harris County investments in bike infrastructure (SB 2722).
Attacks on local efforts to fight climate change (including HB 4313 and HB 4314 by Representative Cecil Bell), to prohibit cities from adopting ordinances to protect ashe juniper trees SB 1927 (Hinojosa, Adam), and to prohibit the insurance department from factoring in climate change SB 495 (Sparks) all also fortunately didn’t make it through.
Good Bills Passed
Energy
SB 1202 (King) would streamline the permitting process for rooftop solar and batteries, making it easier for Texans to install clean backup power. Bills to adopt consumer protection standards for solar customers, increase recycling of wind turbines and solar panels, and to set decommissioning and fire safety standards for battery energy storage systems, all passed.
There was some small progress on energy efficiency by passing SB 783 (Menéndez) – which allows the State Energy Conservation Office to update building energy and water conservation standards – and HB 5323 (King) which establishes a Texas Energy Waste Advisory Committee.
ERCOT will have more power to address the surging demand for electricity from data centers through SB 6 (King), including by allowing them to require data centers to use their own backup power during power grid emergencies.
Right to repair
Texas will become the first red state in America to give people more freedom to fix their own stuff, thanks to HB 2963 (Capriglione). This will be a great help in curbing electronic waste.
Water
The Devil’s River – one of the most pristine rivers in the state – will get new protections thanks to HB 3333 (Morales, Eddie), which prohibits TCEQ from issuing new permits authorizing waste or pollutants to be discharged in the river basin.
Homeowners following local watering restrictions can no longer be fined by HOAS for having brown or discolored lawns thanks to HB 517 (Harris Davila).
Walkable, Transit-friendly Neighborhoods
HB 24 (Orr) removes barriers to a variety of housing types, such as townhomes and accessory dwelling units, which can save water and energy.
Oil and gas
Abandoned oil and gas wells are too often leaking methane and contaminating groundwater. SB 1150 (Middleton) would force oil and gas companies to plug these orphan wells when they’ve been inactive for at least 15 years, while SB 1146 (Birdwell) would speed up well plugging by reducing the potential legal liability for people who own the land on which an orphaned well sits (but who don’t own the well itself).
Clean air
SB 763 (Alvarado) provides for a more regular protectiveness review of the standard permit for concrete batch plants
The Great Outdoors
SB 2232 (Hinojosa, Adam) establishes an Unplug Texas Day encouraging Texans to put down their phones and go outside and enjoy our beautiful parks.
Good Bills that Died
While there was much to celebrate, sadly some good bills ended up dying out.
Wildlife
HB 4028 (Zwiener) and SB 2441(Zaffirini) to get plastics manufacturers to end the dumping and spills of plastic pellets into our waters, and HB 1904 (Canales) to ban mass balloon releases – both major harms to wildlife – failed to make it.
HB 4212 (Curry) which would have established the Texas land, water, and wildlife conservation account to provide a permanent funding source to support conservation projects, passed the House but died in the Senate.
HB 1437 (González, Mary) which would have created a pollinator health task force, and its Senate companion, SB 2850 (Menéndez) each passed its respective chamber, but neither passed both chambers, which frustratingly means it fails to become law. Fortunately, though, the Texas Parks and Wildlife Department has agreed to update its pollinator protection plan, accomplishing a lot of what the bills would have done.
HB 5259 (Flores) to direct TPWD to develop a Wildlife Corridor Action Plan got a committee hearing, but went no further in the process.
Electric vehicles
Policies to add electric vehicle charging stations to state parking garages, HB 2145 (Bhojani), and to promote Vehicle to Grid technology, HB 3511 (Anchía), passed the House but died in the Senate.
Water
Many bills that would have promoted better water conservation standards also did not pass. Policies that would allow counties to adopt tax credits for rainwater harvesting, HB 3637 (Troxclair), and to allow Hays County to adopt water conservation standards for in unincorporated areas, HB 2347 (Zwiener), passed the House but died in the Senate.
PFAS pollution
A number of bills to address toxic PFAS pollution (known as “forever chemicals”) failed to pass, including SB 1898 (Johnson), which would ban the use of firefighting foam containing PFAS chemicals except during emergencies, and several bills to study the problem – HB 1145 (Morales Shaw) and HB 3738 (Shofner).
Don’t mess with Texas
None of the bipartisan bills to reduce litter and waste made it, including SB 728 (Johnson) and HB 2048 (Lujan), which would have created a bottle deposit program, and SB 2689 (Hancock) and HB 4839 (Walle) which would have established a new fund to promote recycling.
Clean air
Clean air was also not prioritized this session as SB 2082 (Miles), which would have prohibited the operation of concrete crushing facilities near hospitals, died.
Bad bills which passed
HB 49 (Darby) would absolve oil and gas companies of liability for contamination resulting from the discharge of treated oil and gas wastewater into waterways
SB 2078 (Kolkhorst) could discourage composting because if a city requires businesses to compost, it can’t send that food waste to another county.
Other bills of note
The budget: Lawmakers approved another $5 billion to the Texas Energy Fund. While most of the money will go to build new gas power plants, $1.8 billion will go to the Texas Backup Power Package Program, which will help install backup power, including solar and storage, at critical infrastructure such as nursing homes and water treatment plants.
Unfortunately, many of our asks of appropriators were denied. A TCEQ program which provides filters to schools which find lead in their drinking water got no funding, which means the program will likely end when federal funding runs out. TPWD had asked for an additional $30 million for the Farm and Ranch Lands Conservation Program, but instead they got the same, wholly insufficient, $2 million they got in the last biennium.
Finally, SB 7 (Perry) and HJR 7 (Harris), which would devote $20 billion over the next twenty years to water infrastructure, also passed. This will fund a lot of good projects like repairs of leaking water pipes and conservation. Unfortunately, a lot of money will also go to more environmentally questionable investments such as reservoirs, ocean desalination, and attempting to treat oil and gas wastewater such that we can inject it into rivers and aquifers.
