2009S0248-2 03/10/09
By: Averitt S.B. No. 2317
A BILL TO BE ENTITLED
AN ACT
relating to the composition, duties, and expenses of certain
entities created to study and provide advice regarding
environmental flows.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (e), Section 11.0236, Water Code, is
amended to read as follows:
(e) The lieutenant governor shall designate an appointed
senator [with the most seniority] and the speaker of the house of
representatives shall designate an [the] appointed house member to
[with the most seniority] serve together as co-presiding officers
of the advisory group.
SECTION 2. Section 11.02361, Water Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsection (b-1)
to read as follows:
(a) The Texas environmental flows science advisory
committee consists of at least five but not more than nine members
appointed by the board [advisory group].
(b) The board [advisory group] shall appoint to the science
advisory committee persons who will provide an objective
perspective and diverse technical expertise, including expertise
in hydrology, hydraulics, water resources, aquatic and terrestrial
biology, geomorphology, geology, water quality, computer modeling,
and other technical areas pertinent to the evaluation of
environmental flows.
(b-1) In making an appointment under this section, the board
shall ensure that the appointee to the science advisory committee
is not disqualified from service on the committee under provisions
of state law that apply to such appointees, including provisions
regarding conflicts of interest.
(c) Members of the science advisory committee serve
five-year terms expiring March 1. A vacancy on the science advisory
committee is filled by appointment by the board [co-presiding
officers of the advisory group] for the unexpired term.
SECTION 3. Section 11.02362, Water Code, is amended by
amending Subsections (c), (d), (f), and (g) and adding Subsections
(f-1) and (i-1) to read as follows:
(c) For the river basin and bay systems listed in Subsection
(b)(1):
(1) the advisory group shall appoint the basin and bay
area stakeholders committee not later than November 1, 2007;
(2) the basin and bay area stakeholders committee
shall establish a basin and bay expert science team not later than
March 1, 2008;
(3) the basin and bay expert science team shall
finalize environmental flow regime recommendations and submit them
to the basin and bay area stakeholders committee, the advisory
group, and the commission not later than December 1 [March 1], 2009,
except that at the request of the basin and bay area stakeholders
committee for good cause shown, the advisory group may extend the
deadline provided by this subdivision;
(4) the basin and bay area stakeholders committee
shall submit to the commission its comments on and recommendations
regarding the basin and bay expert science team's recommended
environmental flow regime not later than June 1, 2010 [September 1,
2009]; and
(5) the commission shall adopt the environmental flow
standards as provided by Section 11.1471 not later than June 1, 2011
[September 1, 2010].
(d) The advisory group shall appoint the basin and bay area
stakeholders committees for the river basin and bay systems listed
in Subsection (b)(2) not later than June 1, 2009 [September 1,
2008], and shall appoint the basin and bay area stakeholders
committees for the river basin and bay systems listed in Subsection
(b)(3) not later than June 1, 2010 [September 1, 2009]. The
advisory group shall establish a schedule for the performance of
the tasks listed in Subsections (c)(2) through (5) with regard to
the river basin and bay systems listed in Subsections (b)(2) and (3)
that will result in the adoption of environmental flow standards
for that river basin and bay system by the commission as soon as is
reasonably possible. Each basin and bay area stakeholders
committee and basin and bay expert science team for a river basin
and bay system listed in Subsection (b)(2) or (3) shall make
recommendations to the advisory group with regard to the schedule
applicable to that river basin and bay system. The advisory group
shall consider the recommendations of the basin and bay area
stakeholders committee and basin and bay expert science team as
well as coordinate with, and give appropriate consideration to the
recommendations of, the commission, the Parks and Wildlife
Department, and the board in establishing the schedule.
(f) The board [advisory group] shall appoint a basin and bay
area stakeholders committee for each river basin and bay system in
this state for which a schedule for the development of
environmental flow regime recommendations and the adoption of
environmental flow standards is specified by or established under
Subsection (c), (d), or (e). Chapter 2110, Government Code, does
not apply to the size, composition, or duration of a basin and bay
area stakeholders committee. Each committee must consist of at
least 17 members. The membership of each committee must:
(1) reflect a fair and equitable balance of interest
groups concerned with the particular river basin and bay system for
which the committee is established; and
(2) be representative of appropriate stakeholders,
including the following if they have a presence in the particular
river basin and bay system for which the committee is established:
(A) agricultural water users, including
representatives of each of the following sectors:
(i) agricultural irrigation;
(ii) free-range livestock; and
(iii) concentrated animal feeding
operation;
(B) recreational water users, including coastal
recreational anglers and businesses supporting water recreation;
(C) municipalities;
(D) soil and water conservation districts;
(E) industrial water users, including
representatives of each of the following sectors:
(i) refining;
(ii) chemical manufacturing;
(iii) electricity generation; and
(iv) production of paper products or
timber;
(F) commercial fishermen;
(G) public interest groups;
(H) regional water planning groups;
(I) groundwater conservation districts;
(J) river authorities and other conservation and
reclamation districts with jurisdiction over surface water; and
(K) environmental interests.
(f-1) In appointing a member to a basin and bay area
stakeholders committee, the board shall ensure that the appointee
is not disqualified from service on the committee under provisions
of state law that apply to such appointees, including provisions
regarding conflicts of interest.
(g) Members of a basin and bay area stakeholders committee
serve five-year terms expiring March 1. On the expiration of a
member's term, the board shall make an appointment to the committee
in accordance with Subsections (f) and (f-1). If a vacancy occurs
on a committee, the remaining members of the committee by majority
vote shall appoint a member to serve the remainder of the unexpired
term.
(i-1) In appointing a member to a basin and bay expert
science team, the basin and bay area stakeholders committee shall
ensure that the appointee is not disqualified from service on the
team under provisions of state law that apply to such appointees,
including provisions regarding conflicts of interest.
SECTION 4. Section 15.4063, Water Code, is amended to read
as follows:
Sec. 15.4063. ENVIRONMENTAL FLOWS FUNDING. The board may
authorize the use of money in the research and planning fund:
(1) to compensate the members of the Texas
environmental flows science advisory committee established under
Section 11.02361 for attendance and participation at meetings of
the committee and for transportation, meals, lodging, or other
travel expenses other than out-of-state travel expenses associated
with attendance at those meetings as provided by the General
Appropriations Act;
(2) for contracts with cooperating state and federal
agencies and universities and with private entities as necessary to
provide technical assistance to enable the Texas environmental
flows science advisory committee and the basin and bay expert
science teams established under Section 11.02362 to perform their
statutory duties;
(3) to compensate the members of the basin and bay
expert science teams established under Section 11.02362 for
attendance and participation at meetings of the basin and bay
expert science teams and for transportation, meals, lodging, or
other travel expenses other than out-of-state travel expenses
associated with attendance at those meetings as provided by the
General Appropriations Act; and
(4) for contracts with political subdivisions
designated as representatives of basin and bay area stakeholders
committees established under Section 11.02362 to fund all or part
of the administrative expenses incurred in conducting meetings of
the basin and bay area stakeholders committees or the pertinent
basin and bay expert science teams.
SECTION 5. The changes in law made by this Act to Sections
11.02361 and 11.02362, Water Code, in the appointment and
qualifications of members of the Texas environmental flows science
advisory committee, a basin and bay area stakeholders committee,
and a basin and bay expert science team do not affect the
entitlement of a member serving on a committee or team immediately
before the effective date of this Act to continue to serve and
function as a member of the committee or team for the remainder of
the member's term. Those changes in law apply only to a member
appointed on or after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2009.