83R7758 AED-F
By: Carona S.B. No. 671
A BILL TO BE ENTITLED
AN ACT
relating to the deregulation of weather modification operations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 301.001, Agriculture Code, is amended by
amending Subdivisions (1) and (5) and adding Subdivision (1-a) to
read as follows:
(1) "Department" means the Texas Department of
Licensing and Regulation.
(1-a) "Executive director" means the executive
director of the department [Texas Department of Licensing and
Regulation].
(5) "Weather modification and control program" means
the research, development, [licensing, and permitting] and other
associated activities to be administered by the department [Texas
Department of Licensing and Regulation].
SECTION 2. Subchapter A, Chapter 301, Agriculture Code, is
amended by adding Sections 301.002 and 301.003 to read as follows:
Sec. 301.002. REGIONAL PLANNING OF WEATHER MODIFICATION.
(a) A regional planning commission, council of governments, or
similar regional planning agency created under Chapter 391, Local
Government Code, may coordinate weather modification operations in
the territory of the commission, council, or agency and with other
commissions, councils, or agencies.
(b) A person who engages in activities for weather
modification and control must be in compliance with any plans or
recommendations adopted in accordance with Subsection (a) by the
commission, council, or agency.
(c) A person may not engage in activities for weather
modification and control in an area where the applicable
commission, council, or agency has not coordinated weather
modification operations as provided by Subsection (a).
Sec. 301.003. APPLICATION OF CERTAIN LAW. Section 51.202,
Occupations Code, does not apply to the department in the
administration of this chapter.
SECTION 3. Section 301.051, Agriculture Code, is amended to
read as follows:
Sec. 301.051. RULES. The department [Texas Department of
Licensing and Regulation] may adopt rules necessary to:
(1) exercise the powers and perform the duties under
this chapter; and
(2) [establish procedures and conditions for the
issuance of licenses and permits under this chapter; and
[(3)] establish standards and instructions to govern
the carrying out of research or projects in weather modification
and control that the department [Texas Department of Licensing and
Regulation] considers necessary or desirable to minimize danger to
health or property.
SECTION 4. Section 301.052, Agriculture Code, is amended to
read as follows:
Sec. 301.052. STUDIES[; INVESTIGATIONS; HEARINGS]. The
department [Texas Department of Licensing and Regulation] may make
any studies or [investigations,] obtain any information[, and hold
any hearings] necessary or proper to administer [or enforce] this
chapter [or any rules or orders issued under this chapter].
SECTION 5. The heading to Subchapter G, Chapter 301,
Agriculture Code, is amended to read as follows:
SUBCHAPTER G. IMMUNITY[; CERTAIN LEGAL RELATIONSHIPS]
SECTION 6. Section 301.302, Agriculture Code, is amended to
read as follows:
Sec. 301.302. PRIVATE LEGAL RELATIONSHIPS. [(a)] This
chapter does not affect private legal relationships, except that an
operation conducted under [the license and permit requirements of]
this chapter is not an ultrahazardous activity that makes the
participants subject to liability without fault.
[(b) The fact that a person holds a license or permit under
this chapter or that the person has complied with this chapter or
the rules issued under this chapter is not admissible as evidence in
any legal proceeding brought against the person.]
SECTION 7. The following provisions of the Agriculture Code
are repealed:
(1) Section 301.060; and
(2) Subchapters C, D, E, and F, Chapter 301.
SECTION 8. The Texas Department of Licensing and Regulation
may not institute a penalty under Section 301.201, Agriculture
Code, on or after the effective date of this Act. If on the
effective date of this Act a penalty under Section 301.201,
Agriculture Code, is pending, the action is dismissed on that date.
However, a final decision or an order for a penalty under Section
301.201, Agriculture Code, that exists on the effective date of
this Act is unaffected by this Act.
SECTION 9. The changes in law made by this Act to Section
301.302, Agriculture Code, do not affect any suit, proceeding, or
appeal pending on the effective date of this Act. A suit,
proceeding, or appeal pending on the effective date of this Act is
governed by the law in effect on the date the suit, proceeding, or
appeal was filed, and the former law is continued in effect for that
purpose.
SECTION 10. This Act takes effect September 1, 2013.