86R10766 JAM-F
By: Lozano H.B. No. 1868
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas Rural Water Advisory Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 3, Agriculture Code, is amended by adding
Chapter 50D to read as follows:
CHAPTER 50D. TEXAS RURAL WATER ADVISORY COUNCIL
Sec. 50D.0101. DEFINITION. In this chapter, "council"
means the Texas Rural Water Advisory Council.
Sec. 50D.0102. COMPOSITION. (a) The council is composed of
15 members appointed as follows:
(1) the executive director or the executive director's
designee of the following entities shall appoint a representative
for that entity:
(A) the Parks and Wildlife Department;
(B) the Texas Commission on Environmental
Quality;
(C) the Texas Department of Transportation; and
(D) the State Soil and Water Conservation Board;
(2) the commissioner of the Department of Agriculture
shall appoint a representative of that agency from the Office of
Water;
(3) the commissioner of the General Land Office shall
appoint a representative of that agency;
(4) the lieutenant governor shall appoint three
members with each member to represent one of the following:
(A) a rural county;
(B) an irrigation district; and
(C) a rural water supply corporation;
(5) the commissioner shall appoint three members with
each member representing an interest or issue under consideration
by the council and with the initial three members each representing
one of the following:
(A) the interests of pesticide applicators;
(B) the interests of a statewide nonprofit
organization focused on litter prevention, mitigation, and
abatement; and
(C) the interests of agricultural landowners;
and
(6) the speaker of the house of representatives shall
appoint three members with each member to represent one of the
following:
(A) a rural municipality;
(B) a river authority; and
(C) a drainage district.
(b) The council shall elect a presiding officer from among
its members.
(c) Members of the council serve staggered terms of two
years, with either seven or eight members' terms, as applicable,
expiring February 1 of each year.
(d) Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the council.
(e) Service on the council by a state officer or employee is
an additional duty of the member's office or employment. Members of
the board are not entitled to compensation or reimbursement of
expenses.
(f) The council may accept gifts and grants from any source
to be used to carry out a function of the council.
Sec. 50D.0103. DUTIES. On an ongoing basis, the council
shall assist the department in assessing the existence of,
effectiveness of, or need for rural water initiatives in this state
regarding the prevention, mitigation, and abatement of windblown
and waterborne litter and illegal dumping in rural communities,
pesticide runoff from agricultural lands, rainwater harvesting,
rural water use, and other topics as requested by the department by:
(1) identifying and evaluating best management
practices for municipal, commercial, industrial, and agricultural
properties as they relate to the water initiatives assessed by this
section, including the feasibility, costs, and benefits of those
practices; and
(2) evaluating:
(A) the feasibility and implementation needs of
best management practices in different regions of the state;
(B) the jurisdiction and effectiveness of law
enforcement;
(C) the role of state funding for incentive
programs; and
(D) the appropriate state oversight and
community support efforts.
Sec. 50D.0104. MEETINGS. The council shall meet at least
twice each year and may meet at other times considered necessary by
the commissioner.
Sec. 50D.0105. STAFF. The council is administratively
attached to the Office of Water within the department. The
department shall provide the council with the staff necessary to
carry out the council's duties under this chapter.
Sec. 50D.0106. ASSISTANCE OF STATE AGENCIES. On request by
the council, a state agency shall provide assistance to the
council, including necessary support staff.
Sec. 50D.0107. BEST PRACTICES GUIDE AND REPORT TO
LEGISLATURE. (a) Not later than November 1 of each even-numbered
year, the council shall:
(1) publish a best management practices guide for use
by state agencies and counties, municipalities, and other political
subdivisions responsible for initiatives identified and assessed
by the council, including information on potential funding sources;
and
(2) make a report to the lieutenant governor, the
speaker of the house of representatives, and the legislative
committees with primary jurisdiction over the issues described in
the report.
(b) The report under Subsection (a) must include
recommendations on additional legislative action, if any, that is
needed to implement the recommended best management practices.
SECTION 2. This Act takes effect September 1, 2019.