By: Cook (Senate Sponsor - Nichols) H.B. No. 1808
(In the Senate - Received from the House April 12, 2011;
April 14, 2011, read first time and referred to Committee on
Government Organization; April 29, 2011, reported favorably by the
following vote: Yeas 5, Nays 0; April 29, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the State Soil and
Water Conservation Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 201, Agriculture Code, is
amended by adding Section 201.0111 to read as follows:
Sec. 201.0111. APPOINTMENTS. Appointments to the state
board shall be made without regard to the race, color, disability,
sex, religion, age, or national origin of the appointees.
SECTION 2. Sections 201.0142(a) and (c), Agriculture Code,
are amended to read as follows:
(a) A person who is elected or appointed and qualifies for
office as a member of the state board may not vote, deliberate, or
be counted as a member in attendance at a meeting of the state board
until the person completes a training program that complies with
this section.
(c) A person elected or appointed to the state board is
entitled to reimbursement, as provided by the General
Appropriations Act, for the travel expenses incurred in attending
the training program, regardless of whether attendance at the
program occurs before or after the person qualifies for office.
SECTION 3. Section 201.0151(a), Agriculture Code, is
amended to read as follows:
(a) It is a ground for removal from the state board that a
member:
(1) does not:
(A) if the member is elected, have at the time of
election the qualifications required by Section 201.013(c); or
(B) if the member is appointed, have at the time
of taking office the qualifications required by Section 201.011(2)
[Subsection (c) of Section 201.013 of this code];
(2) does not maintain during service on the state
board the qualifications required by Section 201.011(2) or
201.013(c) [Subsection (c) of Section 201.013 of this code];
(3) is ineligible for membership under Section
201.0141 [of this code];
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial portion of the
member's term; or
(5) is absent from more than half of the regularly
scheduled state board meetings that the member is eligible to
attend during a calendar year, without an excuse approved by a
majority vote of the state board.
SECTION 4. Section 201.0231, Agriculture Code, is amended
to read as follows:
Sec. 201.0231. COMPLAINTS. (a) The state board shall
maintain a central database of complaints filed with state board
offices and a system to promptly and efficiently act on a complaint
filed with a state board office. The state board shall maintain
information about parties to the complaint, [file on each written
complaint filed with the state board.
[(b) The file must include:
[(1) the name of the person who filed the complaint;
[(2) the date the complaint is received by the state
board;
[(3)] the subject matter of the complaint,[;
[(4) the name of each person contacted in relation to
the complaint;
[(5)] a summary of the results of the review or
investigation of the complaint, and its disposition[; and
[(6) an explanation of the reason the file was closed,
if the state board closed the file without taking action other than
to investigate the complaint].
(b) The state board shall make information available
describing its procedures for complaint investigation and
resolution.
(c) [The state board shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the state board's policies and procedures relating to
complaint investigation and resolution.
[(d)] The state board[, at least quarterly until final
disposition of the complaint,] shall periodically notify the
parties to [person filing] the complaint [and each person who is a
subject of the complaint] of the status of the complaint until final
disposition [investigation unless the notice would jeopardize an
undercover investigation].
SECTION 5. Section 201.025, Agriculture Code, is amended to
read as follows:
Sec. 201.025. SUNSET PROVISION. The State Soil and Water
Conservation Board is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the board is abolished and this chapter expires
September 1, 2023 [2011].
SECTION 6. Subchapter B, Chapter 201, Agriculture Code, is
amended by adding Sections 201.029 and 201.030 to read as follows:
Sec. 201.029. GRANT PROGRAM ADMINISTRATION. (a) In this
section, "grant program" means a competitive grant program
administered by the state board under this title and funded
primarily by state funds. The term includes a program for water
quality management, water supply enhancement, or flood control.
(b) The state board shall:
(1) develop goals for each grant program, including
desired program results and descriptions of program beneficiaries;
(2) establish statewide evaluation criteria to
document grantee compliance with grant conditions;
(3) monitor compliance with the evaluation criteria
described by Subdivision (2) by gathering, maintaining, and
analyzing comprehensive data on grant program activities;
(4) analyze the extent to which grant programs achieve
the goals developed under Subdivision (1), using either empirical
or nonempirical evidence; and
(5) publish the analysis required by Subdivision (4)
on the state board's Internet website or in any annual publication
the state board is required by statute to publish.
Sec. 201.030. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
RESOLUTION. (a) The state board shall develop and implement a
policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of state board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the state
board's jurisdiction.
(b) The state board's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The state board shall:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) provide training as needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures.
SECTION 7. Section 201.202(b), Agriculture Code, is amended
to read as follows:
(b) The board shall designate priorities among the various
land improvement measures, including:
(1) brush control and other water supply enhancement
activities;
(2) forest improvement measures;
(3) returning erosive cropland to pasture and other
practices that maximize water conservation;
(4) increasing water use efficiency;
(5) increasing water quality;
(6) reducing erosion; and
(7) maximizing public benefits.
SECTION 8. The heading to Chapter 203, Agriculture Code, is
amended to read as follows:
CHAPTER 203. WATER SUPPLY ENHANCEMENT [BRUSH CONTROL]
SECTION 9. Section 203.001, Agriculture Code, is amended by
adding Subdivisions (5), (6), (7), and (8) to read as follows:
(5) "Area" means a sub-basin or other portion of land
within a project.
(6) "Project" means a watershed or portion of a
watershed in which water supply enhancement activities are
performed.
(7) "Proposal" means a request submitted by a soil and
water conservation district or other political subdivision for
state funds to be used in a watershed or portion of a watershed for
water supply enhancement activities.
(8) "Water supply enhancement" includes brush
control.
SECTION 10. Section 203.002, Agriculture Code, is amended
to read as follows:
Sec. 203.002. PURPOSE [CREATION] OF PROGRAM. The water
supply enhancement program [Texas Brush Control Program is created
and] shall be implemented, administered, operated, and financed as
provided by this chapter. The purpose of the water supply
enhancement program is to increase available surface water and
groundwater through:
(1) selective control, removal, or reduction of
noxious brush species that are detrimental to water conservation;
and
(2) revegetation of land on which noxious brush has
been controlled, removed, or reduced.
SECTION 11. Section 203.011, Agriculture Code, is amended
to read as follows:
Sec. 203.011. AUTHORITY OF BOARD. The board has
jurisdiction over and, with the assistance of local districts,
shall administer the water supply enhancement [brush control]
program under this chapter. This chapter does not limit the board's
authority to control, remove, or reduce brush under any program the
board administers under Chapter 201.
SECTION 12. Section 203.016, Agriculture Code, is amended
to read as follows:
Sec. 203.016. CONSULTATION. The State Soil and Water
Conservation Board shall consult with:
(1) the Texas Water Development Board in regard to the
effects of the water supply enhancement [brush control] program on
water quantity;
(2) the department in regard to the effects of the
water supply enhancement [brush control] program on agriculture;
and
(3) the Parks and Wildlife Department in regard to the
effects of the water supply enhancement [brush control] program on
fish and wildlife.
SECTION 13. Section 203.051, Agriculture Code, is amended
to read as follows:
Sec. 203.051. STATE PLAN. (a) The board shall prepare and
adopt a state water supply enhancement [brush control] plan that
includes [shall:
[(1) include] a comprehensive strategy for managing
brush in all areas of the state where brush is contributing to a
substantial water conservation problem[; and
[(2) rank areas of the state in need of a brush control
program, as provided by Section 203.053].
(b) The plan adopted under this section must list the goals
the board establishes under Section 201.029 for the water supply
enhancement program. These goals must include:
(1) a goal describing the intended use of a water
supply enhanced or conserved by the program, such as agricultural
purposes or drinking water purposes; and
(2) a goal describing the populations that the water
supply enhancement program will target.
SECTION 14. Section 203.053, Agriculture Code, is amended
to read as follows:
Sec. 203.053. CRITERIA FOR ACCEPTING AND PRIORITIZING WATER
SUPPLY ENHANCEMENT PROJECTS [EVALUATING BRUSH CONTROL AREAS]. (a)
The board shall adopt rules establishing:
(1) criteria for accepting project proposals; and
(2) a system to prioritize projects for each funding
cycle, giving priority to projects that balance the most critical
water conservation need and the highest projected water yield.
(b) The criteria required by Subsection (a)(1) must include
a requirement that each proposal state the projected water yield of
the proposed project, as modeled by a person with expertise in
hydrology, water resources, or another technical area pertinent to
the evaluation of water supply.
(c) The board shall consult with stakeholders, including
hydrologists and representatives from soil and water conservation
districts, to develop by rule standard methods of reporting the
projected water yield under Subsection (b).
(d) In prioritizing projects under Subsection (a)(2)
[ranking areas under the plan], the board shall consider:
(1) the need for conservation of water resources
within the territory of the project, based on the state water plan
adopted under Section 16.051, Water Code [the location of various
brush infestations];
(2) projected water yield of areas of the project,
based on soil, slope, land use, types and distribution of trees,
brush, and other vegetative matter, and proximity of trees, brush,
and other vegetative matter to rivers, streams, and channels [the
type and severity of brush infestations];
(3) any method the project [the various management
methods that] may use [be used] to control brush;
(4) cost-sharing contract rates within the territory
of the project [the amount of water produced by a project and the
severity of water shortage in the project area]; [and]
(5) the location and size of the project;
(6) the budget of the project and any associated
requests for grant funds submitted under this title;
(7) the implementation schedule of the project; and
(8) the administrative capacities of the board and the
entity that will manage the project.
(e) In prioritizing projects under Subsection (a)(2), the
board may consider:
(1) scientific research on the effects of brush
removal on water supply; and
(2) any other criteria that the board considers
relevant to assure that the water supply enhancement [brush
control] program can be most effectively, efficiently, and
economically implemented.
[(b) In ranking areas, the board shall give priority to
areas with the most critical water conservation needs and in which
brush control and revegetation projects will be most likely to
produce substantial water conservation.]
SECTION 15. Section 203.056(a), Agriculture Code, is
amended to read as follows:
(a) Before January 31 of each year, the board shall submit
to the governor, the speaker of the house, and the lieutenant
governor a report of the activities of the water supply enhancement
[brush control] program during the immediately preceding calendar
year, including a comprehensive analysis of the program's
effectiveness and a report on program participant compliance with
plans created under Section 203.162.
SECTION 16. Subchapter C, Chapter 203, Agriculture Code, is
amended by adding Section 203.057 to read as follows:
Sec. 203.057. FEASIBILITY STUDIES. (a) The board shall
establish a process for providing to persons submitting project
proposals assistance in locating a person with expertise in
hydrology, water resources, or another technical area pertinent to
the evaluation of water supply to conduct a feasibility study for a
project using a water yield model as described by Section
203.053(b).
(b) The board may:
(1) dedicate a portion of the money appropriated to
the board that it considers appropriate to fund part or all of a
feasibility study under this section; and
(2) establish procedures to distribute the money under
Subdivision (1).
(c) To receive funding for a feasibility study under
Subsection (b), a person must submit to the board an application for
funding that includes a statement of the project's anticipated
impact on water resources.
SECTION 17. Section 203.101, Agriculture Code, is amended
to read as follows:
Sec. 203.101. GENERAL AUTHORITY. Each district may
administer the aspects of the water supply enhancement [brush
control] program within the jurisdiction of that district.
SECTION 18. Section 203.102, Agriculture Code, is amended
to read as follows:
Sec. 203.102. PROVIDE INFORMATION RELATING TO PROGRAM. The
board shall prepare and distribute information to each district
relating generally to the water supply enhancement [brush control]
program and concerning the procedures for preparing, filing, and
obtaining approval of an application for cost sharing under
Subchapter E [of this chapter].
SECTION 19. The heading to Section 203.104, Agriculture
Code, is amended to read as follows:
Sec. 203.104. SUPERVISION OF COST-SHARING CONTRACTS
[PROJECTS].
SECTION 20. Sections 203.104(a) and (c), Agriculture Code,
are amended to read as follows:
(a) Each district on behalf of the board may inspect and
supervise cost-sharing contracts [projects] within its
jurisdiction in which state money is provided under Subchapter E
[of this chapter].
(c) The board may direct a district to manage any problem
that arises under a cost-sharing contract for water supply
enhancement [brush control] in that district and to report to the
board.
SECTION 21. The heading to Subchapter E, Chapter 203,
Agriculture Code, is amended to read as follows:
SUBCHAPTER E. COST SHARING FOR WATER SUPPLY ENHANCEMENT [BRUSH
CONTROL]
SECTION 22. Section 203.151, Agriculture Code, is amended
to read as follows:
Sec. 203.151. CREATION OF COST-SHARING PROGRAM. As part of
the water supply enhancement [brush control] program, a
cost-sharing program is created to be administered under this
chapter and rules adopted by the board.
SECTION 23. Section 203.154, Agriculture Code, is amended
to read as follows:
Sec. 203.154. LIMIT ON COST-SHARING PARTICIPATION. (a)
Not more than 70 percent of the total cost of a single cost-sharing
contract [brush control project] may be made available as the
state's share in cost sharing.
(b) A person is not eligible to participate in [the state
brush control program] or to receive money from the state water
supply enhancement [brush control] program if the person is
simultaneously receiving any cost-share money for brush control on
the same acreage from a federal government program.
(c) The board may grant an exception to Subsection (b) if
the board finds that joint participation of the state water supply
enhancement [brush control] program and any federal brush control
program will:
(1) enhance the efficiency and effectiveness of the
water supply enhancement program [a project];
(2) lessen the state's financial commitment to the
person receiving money from the water supply enhancement program
through a cost-sharing contract [project]; and
(3) not exceed 80 percent of the total cost of the
cost-sharing contract [project].
(d) A political subdivision of this state is eligible for
cost sharing under the water supply enhancement [brush control]
program, provided that the state's share may not exceed 50 percent
of the total cost of a single cost-sharing contract [project].
(e) Notwithstanding any other provision of this section,
100 percent of the total cost of a single cost-sharing contract
[project] on public lands may be made available as the state's share
in cost sharing.
SECTION 24. Section 203.156, Agriculture Code, is amended
to read as follows:
Sec. 203.156. APPLICATION FOR COST SHARING. A person,
including a political subdivision of this state, that desires to
participate with the state in the water supply enhancement program
[a brush control project] and to obtain cost-sharing participation
by the state shall file an application for a cost-sharing contract
with the district board in the district in which the land on which
the contract [project] is to be performed [accomplished] is
located. The application must be in the form provided by board
rules.
SECTION 25. Section 203.157, Agriculture Code, is amended
to read as follows:
Sec. 203.157. CONSIDERATIONS IN PASSING ON APPLICATION. In
passing on an application for cost sharing, the board shall
consider:
(1) the location of the land that is subject to the
cost-sharing contract [project];
(2) the method of control the applicant will use [that
is to be used by the project applicant];
(3) the plans for revegetation;
(4) the total cost of the contract [project];
(5) the amount of land to be included in the contract
[project];
(6) whether the applicant [for the project] is
financially able to provide the applicant's [his] share of the
money for the project;
(7) the cost-share percentage, if an applicant agrees
to a higher degree of financial commitment;
(8) any comments and recommendations submitted by a
local district, the department, the Texas Water Development Board,
or the Parks and Wildlife Department; and
(9) any other pertinent information considered
necessary by the board.
SECTION 26. Section 203.158, Agriculture Code, is amended
to read as follows:
Sec. 203.158. APPROVAL OF APPLICATION. The board may
approve an application for cost sharing if, after considering the
factors listed in Section 203.157 and any other relevant factors,
the board finds:
(1) the owner of the land fully agrees to cooperate in
the cost-sharing contract [project]; and
(2) the method of eradication is a method approved by
the board under Section 203.055[; and
[(3) the project is a higher priority than other
projects submitted in accordance with the board's plan].
SECTION 27. Sections 203.160(a), (d), and (e), Agriculture
Code, are amended to read as follows:
(a) On approval of an application for cost sharing by the
board, the board or the governing board of the designated district
shall negotiate cost-sharing contracts with the successful
applicants in the project territory [area].
(d) The board shall examine the contract and if the board
finds that the contract meets all the conditions of the board's
resolution, instructions, and rules, it shall approve the contract
and provide to the individual on faithful performance of the terms
of the contract [completion of the project] the money that
constitutes the state's share of the project.
(e) The board may develop guidelines to allow partial
payment of the state's share of a cost-sharing contract [brush
control project] as certain portions or percentages of contracted
work are completed, but state money may not be provided in advance
for work remaining to be done.
SECTION 28. Subchapter E, Chapter 203, Agriculture Code, is
amended by adding Section 203.162 to read as follows:
Sec. 203.162. WATER SUPPLY ENHANCEMENT PLANS. (a) The
board shall consult with each successful applicant for a
cost-sharing contract to create a 10-year plan for the land that is
subject to the contract to enhance the water supply in the area.
(b) A plan created under this section must include:
(1) provisions for brush control or other water supply
enhancement activities;
(2) a provision for follow-up brush control;
(3) a provision requiring the landowner to limit the
average brush coverage on the land that is subject to the contract
to not more than five percent throughout the course of the 10-year
plan; and
(4) periodic dates throughout the course of the
10-year plan on which the board will inspect the status of brush
control on the land that is subject to the contract.
(c) A plan created under this section may not condition
implementation of the provision for follow-up brush control on
receipt of additional funding for the follow-up brush control from
a state source other than the original cost-sharing contract.
SECTION 29. Section 776.006, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) The State Soil and Water Conservation Board may accept
and administer conditional or other loans, grants, gifts, or other
funds from the state or federal government or other sources to carry
out its functions under this chapter.
SECTION 30. The following sections of the Agriculture Code
are repealed:
(1) Section 201.0152;
(2) Section 203.152;
(3) Section 203.153; and
(4) Section 203.159.
SECTION 31. Notwithstanding Section 201.025, Agriculture
Code, as amended by this Act, the Sunset Advisory Commission shall
conduct a special-purpose review of the State Soil and Water
Conservation Board as part of the Sunset Advisory Commission's
review of agencies for the 84th Legislature. The Sunset Advisory
Commission's report to the 84th Legislature regarding the
special-purpose review of the State Soil and Water Conservation
Board must be limited to evaluating the State Soil and Water
Conservation Board's implementation of the Sunset Advisory
Commission's recommendations to the 82nd Legislature regarding
flood control, the water quality management plan, and the water
supply enhancement program. The report may include any
recommendations the Sunset Advisory Commission considers
appropriate based on the special-purpose review.
SECTION 32. This Act takes effect September 1, 2011.
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