Q
What does Texas SB1302 do?
SB1302 statutorily eliminates the ability to use automated electronic processes (e. g. , STEERS) to reinstate waste discharge authorization if your general permit is denied or suspended.
SB1302
Regular Session
Relating to eligibility to use a general permit to discharge waste into or adjacent to waters in this state.
ModeratePlan for compliance
Low Cost
Effective:2025-09-01
Enforcing Agencies
Texas Commission on Environmental Quality (TCEQ)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
- Effective Date: September 1, 2025
- Compliance Deadline: September 1, 2025 (Applies immediately to any suspension/denial ordered on or after this date).
- Agency Rulemaking: TCEQ is expected to update 30 TAC Chapter 205 to align with the statute. Warning: The statute is self-executing; do not wait for agency rules to update your protocols. The ban on automatic re-authorization applies regardless of the status of the administrative code.
Immediate Action Plan
- Clear Legacy Disputes: Resolve any pending Notices of Violation (NOVs) or enforcement actions before September 1, 2025. Any suspension finalized after this date triggers the new manual review process.
- Review Insurance: Audit Pollution Legal Liability (PLL) policies. Confirm whether coverage exists during the "gap period" where you are awaiting manual re-authorization and technically hold no permit.
- Update Subcontractor Terms: Revise MSAs to reflect the severe schedule impact of environmental non-compliance.
- Revise Crisis Management Plans: Update your emergency response protocols to reflect that a permit suspension is now a long-term business interruption event, not a paperwork hurdle.
Operational Changes Required
Contracts
- Master Service Agreements (MSAs): You must amend agreements with subcontractors (excavation, concrete, waste handling). If a subcontractor’s negligence triggers a permit suspension, the project will face a "stop work" condition for weeks or months while TCEQ conducts a manual review.
- Indemnification: Update indemnity clauses to explicitly cover consequential damages arising from project delays, not just the cost of regulatory fines.
- Force Majeure: Explicitly exclude regulatory delays resulting from non-compliance from Force Majeure protections.
Hiring/Training
- EHS Protocol Update: Train Environmental Health & Safety staff that re-filing a Notice of Intent (NOI) electronically is no longer a valid cure for a suspension. Attempting to do so is now a statutory violation.
- "Kill Switch" Implementation: IT and Compliance teams must disable any automated software settings that auto-renew or auto-cure permit deficiencies.
Reporting & Record-Keeping
- Proof of Coverage: In the event of a suspension, the standard computer-generated "Provisional Coverage" receipt is void. You must obtain and retain a specific written order or letter signed by the Executive Director restoring eligibility.
- Corrective Action Dossier: You must maintain an audit-ready dossier proving remediation of the violation. This document will be the primary exhibit in your manual request for re-authorization.
Fees & Costs
- Direct Costs: No new statutory filing fees.
- Indirect Costs: High. The cost impact is driven by operational downtime. The timeline for curing a suspension moves from 24-48 hours (automated) to potentially 30-90 days (manual review).
Strategic Ambiguities & Considerations
- No Review Deadline: The statute forbids automatic approval but imposes no statutory deadline by which the Executive Director must review your manual request. Your application could technically sit in a queue indefinitely.
- Form of Authorization: The law requires approval from the Executive Director but does not define if this requires a formal Commission Agenda item (months) or a simple administrative letter (weeks). We are advocating for the latter, but this remains a regulatory gray zone until TCEQ issues guidance.
Need Help Understanding Implementation?
Our government affairs experts can walk you through this bill's specific impact on your operations.
Schedule ConsultationInformation 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
03
Official Analysis
BILL ANALYSIS
| Senate Research Center | S.B. 1302 |
| 89R10160 KRM-D | By: Kolkhorst |
| Water, Agriculture and Rural Affairs | |
| 3/11/2025 | |
| As Filed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Recently, dischargers have figured out a loophole within the Texas Commission on Environmental Quality (TCEQ) system that has allowed them to circumvent guardrails in the general permitting system. For instance, Cook's Conservatory, winner of the Leopold Award for habitat management and wildlife conservation, has a sand mine that is discharging waste into their waters, which has taken a serious toll on the conservation efforts at the conservatory. When the issue was brought to TCEQ, the agency denied the offending operators a permit. However, the operators simply "waited out the clock" and were able to re-apply under the general permitting process, securing a new permit and continuing the disastrous activities without any recourse for the agency or the conservatory. As a result, S.B. 1302 dictates simply that once TCEQ denies or suspends a discharger's general permit under Subsection (h) (Section 26.040, Water Code), TCEQ may not authorize the discharger to discharge under a general permit before the fifth anniversary of the date of denial or suspension.
As proposed, S.B. 1302 amends current law relating to eligibility for a general permit to discharge waste into or adjacent to waters in this state.
[Note: While the statutory reference in this bill is to the Texas Natural Resource Conservation Commission (TNRCC), the following amendments affect the Texas Commission on Environment Quality (TCEQ), as the successor agency to TNRCC.]
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 26.040, Water Code, by adding Subsection (h-1), as follows:
(h-1) Prohibits the Texas Natural Resource Conservation Commission (TNRCC), after TNRCC denies or suspends a discharger's authority to discharge under a general permit under Subsection (h) (relating to requiring TNRCC to deny or suspend a discharger's authority to discharge under a general permit in certain circumstances), from authorizing the discharger to discharge under a general permit before the fifth anniversary of the date of the denial or suspension.
SECTION 2. Makes application of Section 26.040(h-1), Water Code, as added by this Act, prospective.
SECTION 3. Effective date: September 1, 2025.
Senate Authors
Coauthors (3)
House Sponsor
Bill Text(with markup)
| S.B. No. 1302 | ||
|
|
||
| relating to eligibility to use a general permit to discharge waste | ||
| into or adjacent to waters in this state. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 26.040, Water Code, is amended by adding | ||
| Subsections (h-1) and (h-2) to read as follows: | ||
| (h-1) After the commission denies or suspends a | ||
| discharger's authority to discharge under a general permit under | ||
| Subsection (h), the discharger may not discharge under the general | ||
| permit until the executive director actively authorizes the | ||
| discharger to use the general permit. | ||
| (h-2) The executive director may not use an automatic | ||
| process to authorize the use of a general permit under Subsection | ||
| (h-1). | ||
| SECTION 2. Sections 26.040(h-1) and (h-2), Water Code, as | ||
| added by this Act, apply only to a denial or suspension ordered on | ||
| or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2025. | ||
| TO: | Honorable Charles Perry, Chair, Senate Committee on Water, Agriculture and Rural Affairs |
| FROM: | Jerry McGinty, Director, Legislative Budget Board |
| IN RE: | SB1302 by Kolkhorst (Relating to eligibility for a general permit to discharge waste into or adjacent to waters in this state.), As Introduced |
No significant fiscal implication to the State is anticipated.
It is assumed that any costs associated with the bill could be absorbed using existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
| Source Agencies: | 582 Commission on Environmental Quality |
| LBB Staff: | JMc, FV, MW, AJL |
Related Legislation
Explore more bills from this author and on related topics
More from Sen. Lois Kolkhorst
- SB1012Relating to authorizing the sale or lease by the State of Texas of certain real property located in Austin, Texas.
- SB1062Relating to the type of newspaper required for publication of public notices.
- SB1188Relating to electronic health record requirements; authorizing a civil penalty.
- SB1215Relating to the placement of a cultivated oyster in a natural oyster bed, a private oyster bed, or coastal waters.
- SB1238Relating to prohibited insurance discrimination on the basis of an insured's marital status following the death of the insured's spouse.
Related by Topic
- HB3333Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain river segments and drainage areas.
- HB609Relating to the cleaning of a structure used to grow oysters for cultivated oyster mariculture.
- SB1061Relating to procedural requirements for uranium mining production area authorizations.
- SB1145Relating to the authority of the Texas Commission on Environmental Quality to issue permits for the land application of water produced from certain mining and oil and gas extraction operations.
- SB616Relating to aquifer storage and recovery projects that transect a portion of the Edwards Aquifer.
Quick Reference
Frequently Asked Questions
Common questions about SB1302
Q
Who authored SB1302?
SB1302 was authored by Texas Senator Lois Kolkhorst during the Regular Session.
Q
When was SB1302 signed into law?
SB1302 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce SB1302?
SB1302 is enforced by Texas Commission on Environmental Quality (TCEQ).
Q
How urgent is compliance with SB1302?
The compliance urgency for SB1302 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of SB1302?
The cost impact of SB1302 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does SB1302 address?
SB1302 addresses topics including environment, environment--water, permits and environmental quality, texas commission on.
Legislative data provided by LegiScanLast updated: November 25, 2025
Need Strategic Guidance on This Bill?
Need help with Government Relations, Lobbying, or compliance? JD Key Consulting has the expertise you're looking for.