Texas 2011 - 82nd Regular

Texas House Bill HB1808 Compare Versions

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1	1	By: Cook (Senate Sponsor - Nichols) H.B. No. 1808
2	2	(In the Senate - Received from the House April 12, 2011;
3	3	April 14, 2011, read first time and referred to Committee on
4	4	Government Organization; April 29, 2011, reported favorably by the
5	5	following vote: Yeas 5, Nays 0; April 29, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the continuation and functions of the State Soil and
11	11	Water Conservation Board.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter B, Chapter 201, Agriculture Code, is
14	14	amended by adding Section 201.0111 to read as follows:
15	15	Sec. 201.0111. APPOINTMENTS. Appointments to the state
16	16	board shall be made without regard to the race, color, disability,
17	17	sex, religion, age, or national origin of the appointees.
18	18	SECTION 2. Sections 201.0142(a) and (c), Agriculture Code,
19	19	are amended to read as follows:
20	20	(a) A person who is elected or appointed and qualifies for
21	21	office as a member of the state board may not vote, deliberate, or
22	22	be counted as a member in attendance at a meeting of the state board
23	23	until the person completes a training program that complies with
24	24	this section.
25	25	(c) A person elected or appointed to the state board is
26	26	entitled to reimbursement, as provided by the General
27	27	Appropriations Act, for the travel expenses incurred in attending
28	28	the training program, regardless of whether attendance at the
29	29	program occurs before or after the person qualifies for office.
30	30	SECTION 3. Section 201.0151(a), Agriculture Code, is
31	31	amended to read as follows:
32	32	(a) It is a ground for removal from the state board that a
33	33	member:
34	34	(1) does not:
35	35	(A) if the member is elected, have at the time of
36	36	election the qualifications required by Section 201.013(c); or
37	37	(B) if the member is appointed, have at the time
38	38	of taking office the qualifications required by Section 201.011(2)
39	39	[Subsection (c) of Section 201.013 of this code];
40	40	(2) does not maintain during service on the state
41	41	board the qualifications required by Section 201.011(2) or
42	42	201.013(c) [Subsection (c) of Section 201.013 of this code];
43	43	(3) is ineligible for membership under Section
44	44	201.0141 [of this code];
45	45	(4) cannot, because of illness or disability,
46	46	discharge the member's duties for a substantial portion of the
47	47	member's term; or
48	48	(5) is absent from more than half of the regularly
49	49	scheduled state board meetings that the member is eligible to
50	50	attend during a calendar year, without an excuse approved by a
51	51	majority vote of the state board.
52	52	SECTION 4. Section 201.0231, Agriculture Code, is amended
53	53	to read as follows:
54	54	Sec. 201.0231. COMPLAINTS. (a) The state board shall
55	55	maintain a central database of complaints filed with state board
56	56	offices and a system to promptly and efficiently act on a complaint
57	57	filed with a state board office. The state board shall maintain
58	58	information about parties to the complaint, [file on each written
59	59	complaint filed with the state board.
60	60	[(b) The file must include:
61	61	[(1) the name of the person who filed the complaint;
62	62	[(2) the date the complaint is received by the state
63	63	board;
64	64	[(3)] the subject matter of the complaint,[;
65	65	[(4) the name of each person contacted in relation to
66	66	the complaint;
67	67	[(5)] a summary of the results of the review or
68	68	investigation of the complaint, and its disposition[; and
69	69	[(6) an explanation of the reason the file was closed,
70	70	if the state board closed the file without taking action other than
71	71	to investigate the complaint].
72	72	(b) The state board shall make information available
73	73	describing its procedures for complaint investigation and
74	74	resolution.
75	75	(c) [The state board shall provide to the person filing the
76	76	complaint and to each person who is a subject of the complaint a
77	77	copy of the state board's policies and procedures relating to
78	78	complaint investigation and resolution.
79	79	[(d)] The state board[, at least quarterly until final
80	80	disposition of the complaint,] shall periodically notify the
81	81	parties to [person filing] the complaint [and each person who is a
82	82	subject of the complaint] of the status of the complaint until final
83	83	disposition [investigation unless the notice would jeopardize an
84	84	undercover investigation].
85	85	SECTION 5. Section 201.025, Agriculture Code, is amended to
86	86	read as follows:
87	87	Sec. 201.025. SUNSET PROVISION. The State Soil and Water
88	88	Conservation Board is subject to Chapter 325, Government Code
89	89	(Texas Sunset Act). Unless continued in existence as provided by
90	90	that chapter, the board is abolished and this chapter expires
91	91	September 1, 2023 [2011].
92	92	SECTION 6. Subchapter B, Chapter 201, Agriculture Code, is
93	93	amended by adding Sections 201.029 and 201.030 to read as follows:
94	94	Sec. 201.029. GRANT PROGRAM ADMINISTRATION. (a) In this
95	95	section, "grant program" means a competitive grant program
96	96	administered by the state board under this title and funded
97	97	primarily by state funds. The term includes a program for water
98	98	quality management, water supply enhancement, or flood control.
99	99	(b) The state board shall:
100	100	(1) develop goals for each grant program, including
101	101	desired program results and descriptions of program beneficiaries;
102	102	(2) establish statewide evaluation criteria to
103	103	document grantee compliance with grant conditions;
104	104	(3) monitor compliance with the evaluation criteria
105	105	described by Subdivision (2) by gathering, maintaining, and
106	106	analyzing comprehensive data on grant program activities;
107	107	(4) analyze the extent to which grant programs achieve
108	108	the goals developed under Subdivision (1), using either empirical
109	109	or nonempirical evidence; and
110	110	(5) publish the analysis required by Subdivision (4)
111	111	on the state board's Internet website or in any annual publication
112	112	the state board is required by statute to publish.
113	113	Sec. 201.030. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
114	114	RESOLUTION. (a) The state board shall develop and implement a
115	115	policy to encourage the use of:
116	116	(1) negotiated rulemaking procedures under Chapter
117	117	2008, Government Code, for the adoption of state board rules; and
118	118	(2) appropriate alternative dispute resolution
119	119	procedures under Chapter 2009, Government Code, to assist in the
120	120	resolution of internal and external disputes under the state
121	121	board's jurisdiction.
122	122	(b) The state board's procedures relating to alternative
123	123	dispute resolution must conform, to the extent possible, to any
124	124	model guidelines issued by the State Office of Administrative
125	125	Hearings for the use of alternative dispute resolution by state
126	126	agencies.
127	127	(c) The state board shall:
128	128	(1) coordinate the implementation of the policy
129	129	adopted under Subsection (a);
130	130	(2) provide training as needed to implement the
131	131	procedures for negotiated rulemaking or alternative dispute
132	132	resolution; and
133	133	(3) collect data concerning the effectiveness of those
134	134	procedures.
135	135	SECTION 7. Section 201.202(b), Agriculture Code, is amended
136	136	to read as follows:
137	137	(b) The board shall designate priorities among the various
138	138	land improvement measures, including:
139	139	(1) brush control and other water supply enhancement
140	140	activities;
141	141	(2) forest improvement measures;
142	142	(3) returning erosive cropland to pasture and other
143	143	practices that maximize water conservation;
144	144	(4) increasing water use efficiency;
145	145	(5) increasing water quality;
146	146	(6) reducing erosion; and
147	147	(7) maximizing public benefits.
148	148	SECTION 8. The heading to Chapter 203, Agriculture Code, is
149	149	amended to read as follows:
150	150	CHAPTER 203. WATER SUPPLY ENHANCEMENT [BRUSH CONTROL]
151	151	SECTION 9. Section 203.001, Agriculture Code, is amended by
152	152	adding Subdivisions (5), (6), (7), and (8) to read as follows:
153	153	(5) "Area" means a sub-basin or other portion of land
154	154	within a project.
155	155	(6) "Project" means a watershed or portion of a
156	156	watershed in which water supply enhancement activities are
157	157	performed.
158	158	(7) "Proposal" means a request submitted by a soil and
159	159	water conservation district or other political subdivision for
160	160	state funds to be used in a watershed or portion of a watershed for
161	161	water supply enhancement activities.
162	162	(8) "Water supply enhancement" includes brush
163	163	control.
164	164	SECTION 10. Section 203.002, Agriculture Code, is amended
165	165	to read as follows:
166	166	Sec. 203.002. PURPOSE [CREATION] OF PROGRAM. The water
167	167	supply enhancement program [Texas Brush Control Program is created
168	168	and] shall be implemented, administered, operated, and financed as
169	169	provided by this chapter. The purpose of the water supply
170	170	enhancement program is to increase available surface water and
171	171	groundwater through:
172	172	(1) selective control, removal, or reduction of
173	173	noxious brush species that are detrimental to water conservation;
174	174	and
175	175	(2) revegetation of land on which noxious brush has
176	176	been controlled, removed, or reduced.
177	177	SECTION 11. Section 203.011, Agriculture Code, is amended
178	178	to read as follows:
179	179	Sec. 203.011. AUTHORITY OF BOARD. The board has
180	180	jurisdiction over and, with the assistance of local districts,
181	181	shall administer the water supply enhancement [brush control]
182	182	program under this chapter. This chapter does not limit the board's
183	183	authority to control, remove, or reduce brush under any program the
184	184	board administers under Chapter 201.
185	185	SECTION 12. Section 203.016, Agriculture Code, is amended
186	186	to read as follows:
187	187	Sec. 203.016. CONSULTATION. The State Soil and Water
188	188	Conservation Board shall consult with:
189	189	(1) the Texas Water Development Board in regard to the
190	190	effects of the water supply enhancement [brush control] program on
191	191	water quantity;
192	192	(2) the department in regard to the effects of the
193	193	water supply enhancement [brush control] program on agriculture;
194	194	and
195	195	(3) the Parks and Wildlife Department in regard to the
196	196	effects of the water supply enhancement [brush control] program on
197	197	fish and wildlife.
198	198	SECTION 13. Section 203.051, Agriculture Code, is amended
199	199	to read as follows:
200	200	Sec. 203.051. STATE PLAN. (a) The board shall prepare and
201	201	adopt a state water supply enhancement [brush control] plan that
202	202	includes [shall:
203	203	[(1) include] a comprehensive strategy for managing
204	204	brush in all areas of the state where brush is contributing to a
205	205	substantial water conservation problem[; and
206	206	[(2) rank areas of the state in need of a brush control
207	207	program, as provided by Section 203.053].
208	208	(b) The plan adopted under this section must list the goals
209	209	the board establishes under Section 201.029 for the water supply
210	210	enhancement program. These goals must include:
211	211	(1) a goal describing the intended use of a water
212	212	supply enhanced or conserved by the program, such as agricultural
213	213	purposes or drinking water purposes; and
214	214	(2) a goal describing the populations that the water
215	215	supply enhancement program will target.
216	216	SECTION 14. Section 203.053, Agriculture Code, is amended
217	217	to read as follows:
218	218	Sec. 203.053. CRITERIA FOR ACCEPTING AND PRIORITIZING WATER
219	219	SUPPLY ENHANCEMENT PROJECTS [EVALUATING BRUSH CONTROL AREAS]. (a)
220	220	The board shall adopt rules establishing:
221	221	(1) criteria for accepting project proposals; and
222	222	(2) a system to prioritize projects for each funding
223	223	cycle, giving priority to projects that balance the most critical
224	224	water conservation need and the highest projected water yield.
225	225	(b) The criteria required by Subsection (a)(1) must include
226	226	a requirement that each proposal state the projected water yield of
227	227	the proposed project, as modeled by a person with expertise in
228	228	hydrology, water resources, or another technical area pertinent to
229	229	the evaluation of water supply.
230	230	(c) The board shall consult with stakeholders, including
231	231	hydrologists and representatives from soil and water conservation
232	232	districts, to develop by rule standard methods of reporting the
233	233	projected water yield under Subsection (b).
234	234	(d) In prioritizing projects under Subsection (a)(2)
235	235	[ranking areas under the plan], the board shall consider:
236	236	(1) the need for conservation of water resources
237	237	within the territory of the project, based on the state water plan
238	238	adopted under Section 16.051, Water Code [the location of various
239	239	brush infestations];
240	240	(2) projected water yield of areas of the project,
241	241	based on soil, slope, land use, types and distribution of trees,
242	242	brush, and other vegetative matter, and proximity of trees, brush,
243	243	and other vegetative matter to rivers, streams, and channels [the
244	244	type and severity of brush infestations];
245	245	(3) any method the project [the various management
246	246	methods that] may use [be used] to control brush;
247	247	(4) cost-sharing contract rates within the territory
248	248	of the project [the amount of water produced by a project and the
249	249	severity of water shortage in the project area]; [and]
250	250	(5) the location and size of the project;
251	251	(6) the budget of the project and any associated
252	252	requests for grant funds submitted under this title;
253	253	(7) the implementation schedule of the project; and
254	254	(8) the administrative capacities of the board and the
255	255	entity that will manage the project.
256	256	(e) In prioritizing projects under Subsection (a)(2), the
257	257	board may consider:
258	258	(1) scientific research on the effects of brush
259	259	removal on water supply; and
260	260	(2) any other criteria that the board considers
261	261	relevant to assure that the water supply enhancement [brush
262	262	control] program can be most effectively, efficiently, and
263	263	economically implemented.
264	264	[(b) In ranking areas, the board shall give priority to
265	265	areas with the most critical water conservation needs and in which
266	266	brush control and revegetation projects will be most likely to
267	267	produce substantial water conservation.]
268	268	SECTION 15. Section 203.056(a), Agriculture Code, is
269	269	amended to read as follows:
270	270	(a) Before January 31 of each year, the board shall submit
271	271	to the governor, the speaker of the house, and the lieutenant
272	272	governor a report of the activities of the water supply enhancement
273	273	[brush control] program during the immediately preceding calendar
274	274	year, including a comprehensive analysis of the program's
275	275	effectiveness and a report on program participant compliance with
276	276	plans created under Section 203.162.
277	277	SECTION 16. Subchapter C, Chapter 203, Agriculture Code, is
278	278	amended by adding Section 203.057 to read as follows:
279	279	Sec. 203.057. FEASIBILITY STUDIES. (a) The board shall
280	280	establish a process for providing to persons submitting project
281	281	proposals assistance in locating a person with expertise in
282	282	hydrology, water resources, or another technical area pertinent to
283	283	the evaluation of water supply to conduct a feasibility study for a
284	284	project using a water yield model as described by Section
285	285	203.053(b).
286	286	(b) The board may:
287	287	(1) dedicate a portion of the money appropriated to
288	288	the board that it considers appropriate to fund part or all of a
289	289	feasibility study under this section; and
290	290	(2) establish procedures to distribute the money under
291	291	Subdivision (1).
292	292	(c) To receive funding for a feasibility study under
293	293	Subsection (b), a person must submit to the board an application for
294	294	funding that includes a statement of the project's anticipated
295	295	impact on water resources.
296	296	SECTION 17. Section 203.101, Agriculture Code, is amended
297	297	to read as follows:
298	298	Sec. 203.101. GENERAL AUTHORITY. Each district may
299	299	administer the aspects of the water supply enhancement [brush
300	300	control] program within the jurisdiction of that district.
301	301	SECTION 18. Section 203.102, Agriculture Code, is amended
302	302	to read as follows:
303	303	Sec. 203.102. PROVIDE INFORMATION RELATING TO PROGRAM. The
304	304	board shall prepare and distribute information to each district
305	305	relating generally to the water supply enhancement [brush control]
306	306	program and concerning the procedures for preparing, filing, and
307	307	obtaining approval of an application for cost sharing under
308	308	Subchapter E [of this chapter].
309	309	SECTION 19. The heading to Section 203.104, Agriculture
310	310	Code, is amended to read as follows:
311	311	Sec. 203.104. SUPERVISION OF COST-SHARING CONTRACTS
312	312	[PROJECTS].
313	313	SECTION 20. Sections 203.104(a) and (c), Agriculture Code,
314	314	are amended to read as follows:
315	315	(a) Each district on behalf of the board may inspect and
316	316	supervise cost-sharing contracts [projects] within its
317	317	jurisdiction in which state money is provided under Subchapter E
318	318	[of this chapter].
319	319	(c) The board may direct a district to manage any problem
320	320	that arises under a cost-sharing contract for water supply
321	321	enhancement [brush control] in that district and to report to the
322	322	board.
323	323	SECTION 21. The heading to Subchapter E, Chapter 203,
324	324	Agriculture Code, is amended to read as follows:
325	325	SUBCHAPTER E. COST SHARING FOR WATER SUPPLY ENHANCEMENT [BRUSH
326	326	CONTROL]
327	327	SECTION 22. Section 203.151, Agriculture Code, is amended
328	328	to read as follows:
329	329	Sec. 203.151. CREATION OF COST-SHARING PROGRAM. As part of
330	330	the water supply enhancement [brush control] program, a
331	331	cost-sharing program is created to be administered under this
332	332	chapter and rules adopted by the board.
333	333	SECTION 23. Section 203.154, Agriculture Code, is amended
334	334	to read as follows:
335	335	Sec. 203.154. LIMIT ON COST-SHARING PARTICIPATION. (a)
336	336	Not more than 70 percent of the total cost of a single cost-sharing
337	337	contract [brush control project] may be made available as the
338	338	state's share in cost sharing.
339	339	(b) A person is not eligible to participate in [the state
340	340	brush control program] or to receive money from the state water
341	341	supply enhancement [brush control] program if the person is
342	342	simultaneously receiving any cost-share money for brush control on
343	343	the same acreage from a federal government program.
344	344	(c) The board may grant an exception to Subsection (b) if
345	345	the board finds that joint participation of the state water supply
346	346	enhancement [brush control] program and any federal brush control
347	347	program will:
348	348	(1) enhance the efficiency and effectiveness of the
349	349	water supply enhancement program [a project];
350	350	(2) lessen the state's financial commitment to the
351	351	person receiving money from the water supply enhancement program
352	352	through a cost-sharing contract [project]; and
353	353	(3) not exceed 80 percent of the total cost of the
354	354	cost-sharing contract [project].
355	355	(d) A political subdivision of this state is eligible for
356	356	cost sharing under the water supply enhancement [brush control]
357	357	program, provided that the state's share may not exceed 50 percent
358	358	of the total cost of a single cost-sharing contract [project].
359	359	(e) Notwithstanding any other provision of this section,
360	360	100 percent of the total cost of a single cost-sharing contract
361	361	[project] on public lands may be made available as the state's share
362	362	in cost sharing.
363	363	SECTION 24. Section 203.156, Agriculture Code, is amended
364	364	to read as follows:
365	365	Sec. 203.156. APPLICATION FOR COST SHARING. A person,
366	366	including a political subdivision of this state, that desires to
367	367	participate with the state in the water supply enhancement program
368	368	[a brush control project] and to obtain cost-sharing participation
369	369	by the state shall file an application for a cost-sharing contract
370	370	with the district board in the district in which the land on which
371	371	the contract [project] is to be performed [accomplished] is
372	372	located. The application must be in the form provided by board
373	373	rules.
374	374	SECTION 25. Section 203.157, Agriculture Code, is amended
375	375	to read as follows:
376	376	Sec. 203.157. CONSIDERATIONS IN PASSING ON APPLICATION. In
377	377	passing on an application for cost sharing, the board shall
378	378	consider:
379	379	(1) the location of the land that is subject to the
380	380	cost-sharing contract [project];
381	381	(2) the method of control the applicant will use [that
382	382	is to be used by the project applicant];
383	383	(3) the plans for revegetation;
384	384	(4) the total cost of the contract [project];
385	385	(5) the amount of land to be included in the contract
386	386	[project];
387	387	(6) whether the applicant [for the project] is
388	388	financially able to provide the applicant's [his] share of the
389	389	money for the project;
390	390	(7) the cost-share percentage, if an applicant agrees
391	391	to a higher degree of financial commitment;
392	392	(8) any comments and recommendations submitted by a
393	393	local district, the department, the Texas Water Development Board,
394	394	or the Parks and Wildlife Department; and
395	395	(9) any other pertinent information considered
396	396	necessary by the board.
397	397	SECTION 26. Section 203.158, Agriculture Code, is amended
398	398	to read as follows:
399	399	Sec. 203.158. APPROVAL OF APPLICATION. The board may
400	400	approve an application for cost sharing if, after considering the
401	401	factors listed in Section 203.157 and any other relevant factors,
402	402	the board finds:
403	403	(1) the owner of the land fully agrees to cooperate in
404	404	the cost-sharing contract [project]; and
405	405	(2) the method of eradication is a method approved by
406	406	the board under Section 203.055[; and
407	407	[(3) the project is a higher priority than other
408	408	projects submitted in accordance with the board's plan].
409	409	SECTION 27. Sections 203.160(a), (d), and (e), Agriculture
410	410	Code, are amended to read as follows:
411	411	(a) On approval of an application for cost sharing by the
412	412	board, the board or the governing board of the designated district
413	413	shall negotiate cost-sharing contracts with the successful
414	414	applicants in the project territory [area].
415	415	(d) The board shall examine the contract and if the board
416	416	finds that the contract meets all the conditions of the board's
417	417	resolution, instructions, and rules, it shall approve the contract
418	418	and provide to the individual on faithful performance of the terms
419	419	of the contract [completion of the project] the money that
420	420	constitutes the state's share of the project.
421	421	(e) The board may develop guidelines to allow partial
422	422	payment of the state's share of a cost-sharing contract [brush
423	423	control project] as certain portions or percentages of contracted
424	424	work are completed, but state money may not be provided in advance
425	425	for work remaining to be done.
426	426	SECTION 28. Subchapter E, Chapter 203, Agriculture Code, is
427	427	amended by adding Section 203.162 to read as follows:
428	428	Sec. 203.162. WATER SUPPLY ENHANCEMENT PLANS. (a) The
429	429	board shall consult with each successful applicant for a
430	430	cost-sharing contract to create a 10-year plan for the land that is
431	431	subject to the contract to enhance the water supply in the area.
432	432	(b) A plan created under this section must include:
433	433	(1) provisions for brush control or other water supply
434	434	enhancement activities;
435	435	(2) a provision for follow-up brush control;
436	436	(3) a provision requiring the landowner to limit the
437	437	average brush coverage on the land that is subject to the contract
438	438	to not more than five percent throughout the course of the 10-year
439	439	plan; and
440	440	(4) periodic dates throughout the course of the
441	441	10-year plan on which the board will inspect the status of brush
442	442	control on the land that is subject to the contract.
443	443	(c) A plan created under this section may not condition
444	444	implementation of the provision for follow-up brush control on
445	445	receipt of additional funding for the follow-up brush control from
446	446	a state source other than the original cost-sharing contract.
447	447	SECTION 29. Section 776.006, Government Code, is amended by
448	448	adding Subsection (c) to read as follows:
449	449	(c) The State Soil and Water Conservation Board may accept
450	450	and administer conditional or other loans, grants, gifts, or other
451	451	funds from the state or federal government or other sources to carry
452	452	out its functions under this chapter.
453	453	SECTION 30. The following sections of the Agriculture Code
454	454	are repealed:
455	455	(1) Section 201.0152;
456	456	(2) Section 203.152;
457	457	(3) Section 203.153; and
458	458	(4) Section 203.159.
459	459	SECTION 31. Notwithstanding Section 201.025, Agriculture
460	460	Code, as amended by this Act, the Sunset Advisory Commission shall
461	461	conduct a special-purpose review of the State Soil and Water
462	462	Conservation Board as part of the Sunset Advisory Commission's
463	463	review of agencies for the 84th Legislature. The Sunset Advisory
464	464	Commission's report to the 84th Legislature regarding the
465	465	special-purpose review of the State Soil and Water Conservation
466	466	Board must be limited to evaluating the State Soil and Water
467	467	Conservation Board's implementation of the Sunset Advisory
468	468	Commission's recommendations to the 82nd Legislature regarding
469	469	flood control, the water quality management plan, and the water
470	470	supply enhancement program. The report may include any
471	471	recommendations the Sunset Advisory Commission considers
472	472	appropriate based on the special-purpose review.
473	473	SECTION 32. This Act takes effect September 1, 2011.
474	474	* * * * *