83R5502 JAM-D
By: Hegar S.B. No. 1168
A BILL TO BE ENTITLED
AN ACT
relating to interstate cooperation to address regional water
issues.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 8, Water Code, is amended
to read as follows:
CHAPTER 8. SOUTHWESTERN STATES WATER [MULTI-STATE WATER RESOURCES
PLANNING] COMMISSION
SECTION 2. Section 8.001(1), Water Code, is amended to read
as follows:
(1) "Commission" means the Southwestern States Water
[Multi-State Water Resources Planning] Commission.
SECTION 3. Section 8.011, Water Code, is amended to read as
follows:
Sec. 8.011. CREATION OF COMMISSION. The Southwestern
States Water [Multi-State Water Resources Planning] Commission is
created as an advisory commission to the governor and the
legislature [agency of the state].
SECTION 4. Section 8.013, Water Code, is amended to read as
follows:
Sec. 8.013. COMMISSIONERS [MEMBERS OF COMMISSION];
APPOINTMENT. [(a)] The commission is composed of six [seven]
commissioners. Two commissioners [who] are appointed by the
governor, two commissioners are appointed by the lieutenant
governor, and two commissioners are appointed by the speaker of the
house of representatives [with the advice and consent of the
senate].
[(b) The governor shall make the appointments so that each
member is from a different section of the state.
[(c) Three commissioners must be members of the general
public, one commissioner must have a background in the field of
higher education, one commissioner must have a background in
private business, one commissioner must have a background in
agriculture, and one commissioner must have a background in an
energy-related field.]
SECTION 5. Section 8.015, Water Code, is amended to read as
follows:
Sec. 8.015. TERMS [OF OFFICE]. (a) Commissioners serve
[hold office] for staggered terms of six years, with the terms of
two or three commissioners expiring on February 1 of each
odd-numbered year.
(b) Each commissioner serves [holds office] until the
commissioner's [his] successor is appointed [and has qualified for
office].
(c) A [If a] vacancy on the commission [occurs in the office
of commissioner, the governor] shall be filled [appoint a successor
to serve] for the unexpired portion of the term in the same manner
as the original appointment.
SECTION 6. Section 8.051, Water Code, is amended to read as
follows:
Sec. 8.051. INTERACTION WITH OTHER STATES. (a) In
cooperation with representatives of neighboring states, the
commission shall study the water needs of the region, including:
(1) water needs for environmental purposes;
(2) the effect of energy production on the need for
water;
(3) the effect of take or pay provisions in water
supply contracts on the need for water; and
(4) rights to and uses of water [after the year 2000].
(b) The commission shall initiate and carry out discussions
with representatives of neighboring states relating to:
(1) the identification and development of sources and
methods of augmenting water supplies on a regional basis after
existing water supplies are fully committed, including:
(A) innovative methods or alternative
technologies for augmenting water supplies, such as aquifer storage
and recovery, desalination, and weather modification;
(B) management of snow;
(C) conservation and reuse of water; and
(D) transfers of water from agricultural to urban
areas;
(2) water planning, including drought contingency
planning;
(3) funding for water supply projects; and
(4) legislation needed to address water supply needs.
SECTION 7. Section 8.052, Water Code, is amended to read as
follows:
Sec. 8.052. INTERACTION WITH MEXICO. The commission shall
[contract and] confer with the government of Mexico concerning
water needs and development of sources of water supply.
SECTION 8. Section 8.056, Water Code, is amended to read as
follows:
Sec. 8.056. COMPACTS. The commission shall contact and
negotiate with other states regarding the need for establishing
interstate compacts, addressing groundwater problems, needs, and
supplies, if an aquifer underlies several states, and addressing
other related subjects that would be beneficial to the states
including the conservation and beneficial use of water and the
issues identified in Section 8.051(b).
SECTION 9. Section 8.014, Water Code, is repealed.
SECTION 10. (a) Promptly after this Act takes effect, the
governor, lieutenant governor, and speaker of the house of
representatives shall appoint the initial members of the
Southwestern States Water Commission under Chapter 8, Water Code,
as amended by this Act.
(b) In appointing the initial members of the commission:
(1) the governor shall appoint one person to a term
expiring February 1, 2015, and one person to a term expiring
February 1, 2017;
(2) the lieutenant governor shall appoint one person
to a term expiring February 1, 2015, and one person to a term
expiring February 1, 2019; and
(3) the speaker of the house of representatives shall
appoint one person to a term expiring February 1, 2017, and one
person to a term expiring February 1, 2019.
SECTION 11. This Act takes effect September 1, 2013.