JD Key Consulting Logo
Signed Into Law
Signed June 20, 2025Effective 2025-06-20
HB3333

Regular Session

Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain river segments and drainage areas.

Government Affairs & Regulatory Compliance Analysis

HB3333: Government Affairs Overview

HB3333 strips the Texas Commission on Environmental Quality (TCEQ) of the authority to issue new permits for the direct discharge of wastewater into the Devils River and its tributaries in Val Verde County. Real estate developers, industrial operators, and private utility contractors in this region must immediately pivot engineering designs from direct discharge to land application systems (TLAP) or risk total project stoppage.

Rep. Eddie Morales·House Bill·Regular Session

Critical
High Cost
Effective:2025-06-20
Business Impact

Who HB3333 Affects

This legislation has regulatory implications for the following Texas businesses and organizations:

Regulatory Priority: critical

Significant regulatory changes (effective 2025-06-20). Review with your legal and compliance teams to understand implications.

💧

Water

Affected business types:

  • Water utilities
  • Wastewater treatment facilities
  • Municipal water districts
  • Agricultural water users
View all water legislation

Key Operational Considerations

  • 1Lending Covenants: Notify lenders if asset valuation relies on development density that is no longer achievable due to the land requirements of wastewater spray fields.
  • 2Technical Competency: Engineering teams must be proficient in Texas Land Application Permits (TLAP). Reliance on standard TPDES discharge expertise is now a liability in this region.

Estimated Cost Impact

highSignificant operational investment may be required.

Enforcing Agencies

Need Government Relations Support?

JD Key Consulting provides government affairs and regulatory strategy services. We help businesses navigate Texas agencies, understand legislative impacts, and advocate for their interests.

Need Help Navigating This Legislation?

JD Key Consulting provides strategic guidance on Texas regulatory compliance and legislative impact for your business.

HB3333
Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain river segments and drainage areas.
Critical Urgency
Heavily Contested
House Vote113 - 26
YEA
NAY
81% in favor139 voting
Senate Vote29 - 2
YEA
94% in favor31 voting
28
Total Opposition Votes
Cost Impact
High
Effective
2025-06-20
Enforcing Agencies
TCEQ
Primary Author: Rep. Eddie Morales
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: June 20, 2025 (Immediate effect upon enactment).
  • Compliance Deadline: June 19, 2025. To utilize the "grandfathering" savings clause, permit applications must be filed and deemed administratively complete *before* the effective date. Applications filed on or after June 20, 2025, are subject to the total ban.
  • Agency Rulemaking: TCEQ must update permitting guidance immediately. Watch for interim guidance regarding the definition of "unclassified water bodies" that drain into the Devils River, as this will determine the geographic boundaries of the ban beyond the main river channel.

Immediate Action Plan

  • 1. Audit Pending Applications: Identify any unfiled permit applications for Val Verde County assets.
  • 2. Race to File: If a project is designed for discharge, file the application by June 19, 2025. Do not wait for perfection; file to secure the date, then amend technical details later.
  • 3. Halt Design Work: Stop all engineering work on direct discharge systems in the watershed that cannot be filed by the deadline. Pivot immediately to TLAP/Land Application designs.
  • 4. Land Assessment: Re-evaluate land holdings to ensure sufficient acreage exists for on-site disposal (spray fields) since discharge is prohibited.

Operational Changes Required

Contracts

  • Real Estate Purchase Agreements: Immediate review required. If a closing is contingent upon "securing utilities" or "permitting," the definition must be amended. If the deal pro-forma relies on a direct discharge permit that has not yet been filed, the contract is likely frustrated.
  • Engineering MSAs: Update scopes of work for civil engineers. Contracts must explicitly require "Zero Discharge" design standards (e.g., evaporation ponds, irrigation fields) for any new project in Val Verde County.
  • Lending Covenants: Notify lenders if asset valuation relies on development density that is no longer achievable due to the land requirements of wastewater spray fields.

Hiring/Training

  • Technical Competency: Engineering teams must be proficient in Texas Land Application Permits (TLAP). Reliance on standard TPDES discharge expertise is now a liability in this region.
  • Site Assessment: Acquisition teams require training to identify hydrological connections. If a dry creek bed on a potential site "drains into" the Devils River during rainfall, the site is subject to the ban.

Reporting & Record-Keeping

  • Application Timestamping: For any application currently in process, you must secure and archive irrefutable proof of the submission date and the determination of "administrative completeness" prior to June 20, 2025.
  • Stormwater Segregation: Facilities utilizing the stormwater exception must maintain rigorous logs proving that stormwater runoff is strictly segregated from process wastewater or domestic sewage.

Fees & Costs

  • Capital Expenditure (CapEx): Expect a sharp increase in development costs. Land application systems require significantly more acreage than discharge systems.
  • Asset Devaluation: Land inventory in Val Verde County previously valued based on high-density development (supported by discharge utilities) faces immediate write-downs due to the acreage now required for waste disposal.

Strategic Ambiguities & Considerations

  • "New" vs. "Amended" Permits: The statute explicitly bans "new" permits. It is currently ambiguous whether a "Major Amendment" to expand an existing facility's volume constitutes a "new" permit. Until TCEQ rules otherwise, assume major expansions will be blocked or heavily litigated.
  • Hydrological Connectivity: The law applies to water bodies that "drain into" the river. It is unclear if this includes ephemeral streams or 100-year flood pathways. Expect TCEQ to take a conservative approach; if water *can* flow there, the ban applies.

Need Compliance Guidance on This Legislation?

JD Key Consulting specializes in Texas regulatory compliance strategy. Work directly with James Dickey—former Chairman of the Republican Party of Texas—to understand this bill's impact on your operations and develop an actionable compliance plan.

Schedule a Consultation

Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 25, 2025
Passed House
May 15, 2025
Passed Senate
May 28, 2025
Signed
Jun 20, 2025
Effective
Jun 20, 2025
TopicsEnvironmentEnvironment--solid WasteEnvironment--waterPermitsEnvironmental Quality, Texas Commission OnVal Verde County
03

House Authors

Rep. Eddie MoralesDemocrat · Primary Author

Senate Sponsor

Sen. Cesar BlancoDemocrat · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

Explore more bills from this author and on related topics

More from Rep. Eddie Morales

View all bills by Rep. Eddie Morales

Related by Topic

View more Environment legislation
Quick Reference

Frequently Asked Questions

Common questions about HB3333

Q

What does Texas HB3333 do?

HB3333 strips the Texas Commission on Environmental Quality (TCEQ) of the authority to issue new permits for the direct discharge of wastewater into the Devils River and its tributaries in Val Verde County. Real estate developers, industrial operators, and private utility contractors in this region must immediately pivot engineering designs from direct discharge to land application systems (TLAP) or risk total project stoppage.

Q

Who authored HB3333?

HB3333 was authored by Texas Representative Eddie Morales during the Regular Session.

Q

When was HB3333 signed into law?

HB3333 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB3333?

HB3333 is enforced by Texas Commission on Environmental Quality (TCEQ).

Q

How significant are the changes in HB3333?

The regulatory priority for HB3333 is rated as "critical". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of HB3333?

The cost impact of HB3333 is estimated as "high". This may vary based on industry and implementation requirements.

Q

What topics does HB3333 address?

HB3333 addresses topics including environment, environment--solid waste, environment--water, permits and environmental quality, texas commission on.

Q

What are the key dates for HB3333?

Key dates for HB3333: Effective date is 2025-06-20. Consult with legal counsel regarding applicability.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026