Texas 2023 - 88th Regular

Texas House Bill HB1545 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R17967 MP-D
2	2	By: Clardy, Holland, Canales, Goldman, H.B. No. 1545
3	3	Bell of Kaufman
4	4	Substitute the following for H.B. No. 1545:
5	5	By: Cain C.S.H.B. No. 1545
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 and the Texas Invasive Species
12	12	Coordinating Committee.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 201.0142, Agriculture Code, is amended
15	15	by amending Subsection (b) and adding Subsection (d) to read as
16	16	follows:
17	17	(b) The training program must provide the person with
18	18	information regarding:
19	19	(1) the law governing [legislation that created the]
20	20	state board operations;
21	21	(2) the programs, functions, rules, and budget of
22	22	[operated by] the state board;
23	23	(3) the scope of and limitations on the rulemaking
24	24	authority [role and functions] of the state board;
25	25	(4) [the rules of the state board, with an emphasis on
26	26	the rules that relate to disciplinary and investigatory authority;
27	27	[(5) the current budget for the state board;
28	28	[(6)] the results of the most recent formal audit of
29	29	the state board;
30	30	(5) [(7)] the requirements of:
31	31	(A) laws relating to [the] open meetings, [law,
32	32	Chapter 551, Government Code;
33	33	[(B) the] public information, [law, Chapter 552,
34	34	Government Code;
35	35	[(C) the] administrative procedure, and
36	36	disclosing conflicts of interest [law, Chapter 2001, Government
37	37	Code]; and
38	38	(B) [(D)] other laws applicable to members of a
39	39	state policy-making body in performing their duties [relating to
40	40	public officials, including conflict-of-interest laws]; and
41	41	(6) [(8)] any applicable ethics policies adopted by
42	42	the state board or the Texas Ethics Commission.
43	43	(d) The executive director shall create a training manual
44	44	that includes the information required by Subsection (b). The
45	45	executive director shall distribute a copy of the training manual
46	46	annually to each member of the state board. Each member of the
47	47	state board shall sign and submit to the executive director a
48	48	statement acknowledging that the member received and has reviewed
49	49	the training manual.
50	50	SECTION 2. Section 201.019(i), Agriculture Code, is amended
51	51	to read as follows:
52	52	(i) The state board [agency] shall develop and implement
53	53	policies that [which] clearly separate the policy-making
54	54	[respective] responsibilities of the state board and the management
55	55	responsibilities of the executive director and the staff of the
56	56	state board.
57	57	SECTION 3. Sections 201.0231(a) and (c), Agriculture Code,
58	58	are amended to read as follows:
59	59	(a) The state board shall maintain a [central database of
60	60	complaints filed with state board offices and a] system to promptly
61	61	and efficiently act on complaints [a complaint] filed with the [a]
62	62	state board [office]. The state board shall maintain information
63	63	about parties to the complaint, the subject matter of the
64	64	complaint, a summary of the results of the review or investigation
65	65	of the complaint, and its disposition.
66	66	(c) The state board shall periodically notify the complaint
67	67	parties [to the complaint] of the status of the complaint until
68	68	final disposition unless the notice would jeopardize an
69	69	investigation.
70	70	SECTION 4. Subchapter B, Chapter 201, Agriculture Code, is
71	71	amended by adding Section 201.0226 to read as follows:
72	72	Sec. 201.0226. DAM STRUCTURAL REPAIR GRANT PROGRAM. (a)
73	73	The state board shall develop and implement a program to provide
74	74	grants for the structural repair and maintenance of flood control
75	75	dams.
76	76	(b) With input from stakeholders, the state board shall:
77	77	(1) establish goals, criteria, and metrics for the
78	78	grant program; and
79	79	(2) assess the need for funding the structural repair
80	80	and maintenance of flood control dams throughout this state,
81	81	including the number of projects a grant sponsor can complete each
82	82	year.
83	83	(c) In adopting rules or policies for the grant program, the
84	84	state board shall:
85	85	(1) ensure any local matching fund requirement adopted
86	86	by the state board accounts for the financial capacity of the grant
87	87	sponsor; and
88	88	(2) consider dams that are classified as high-hazard
89	89	by the Texas Commission on Environmental Quality.
90	90	(d) The state board shall ensure guidance documents for the
91	91	grant program, including the 10-year dam repair, rehabilitation,
92	92	and maintenance plan adopted under Section 201.0227, are consistent
93	93	with the goals, criteria, and metrics established under Subsection
94	94	(b).
95	95	SECTION 5. Section 201.0227, Agriculture Code, is amended
96	96	by adding Subsection (f) to read as follows:
97	97	(f) The state board shall consider the timelines for grant
98	98	applications for the dam structural repair grant program under
99	99	Section 201.0226 when preparing and adopting a plan under this
100	100	section.
101	101	SECTION 6. Section 201.025, Agriculture Code, is amended to
102	102	read as follows:
103	103	Sec. 201.025. SUNSET PROVISION. The State Soil and Water
104	104	Conservation Board is subject to Chapter 325, Government Code
105	105	(Texas Sunset Act). Unless continued in existence as provided by
106	106	that chapter, the state board is abolished [and this chapter
107	107	expires] September 1, 2035 [2023].
108	108	SECTION 7. Section 776.004, Government Code, is amended by
109	109	amending Subsection (a) and adding Subsection (a-1) to read as
110	110	follows:
111	111	(a) The committee shall:
112	112	(1) [serve as a catalyst for cooperation between state
113	113	agencies in the area of invasive species control;
114	114	[(2) facilitate governmental efforts, including
115	115	efforts of local governments and special districts, to prevent and
116	116	manage invasive species;
117	117	[(3) make recommendations to state agencies regarding
118	118	research, technology transfer, and management actions related to
119	119	invasive species control;
120	120	[(4)] facilitate the exchange of information so that
121	121	each member agency is informed of committee plans, recommendations,
122	122	and proposals for research, education, and implementation of
123	123	activities to:
124	124	(A) prevent, detect, assess, monitor, contain,
125	125	and control or eradicate invasive species; and
126	126	(B) reduce environmental and economic threats
127	127	and threats to human health from invasive species; and
128	128	(2) [(5)] provide a forum for developing coordinated
129	129	interagency strategies and policies for invasive species control[;
130	130	[(6) provide technical information and input to
131	131	regional and national invasive species control coordination
132	132	efforts, including the National Invasive Species Management Plan;
133	133	[(7) facilitate the review of committee technical
134	134	decisions and work product by specialists and interested persons;
135	135	and
136	136	[(8) report as needed to the governor, lieutenant
137	137	governor, and speaker of the house of representatives on committee
138	138	plans, work product, and accomplishments].
139	139	(a-1) The committee may:
140	140	(1) serve as a catalyst for cooperation between state
141	141	agencies in the area of invasive species control;
142	142	(2) facilitate governmental efforts, including
143	143	efforts of local governments and special districts, to prevent and
144	144	manage invasive species;
145	145	(3) make recommendations to state agencies regarding
146	146	research, technology transfer, and management actions related to
147	147	invasive species control;
148	148	(4) provide technical information and input to
149	149	regional and national invasive species control coordination
150	150	efforts, including the National Invasive Species Management Plan;
151	151	(5) facilitate the review of committee technical
152	152	decisions and work product by specialists and interested persons;
153	153	and
154	154	(6) report as needed to the governor, lieutenant
155	155	governor, and speaker of the house of representatives on committee
156	156	plans, work product, and accomplishments.
157	157	SECTION 8. Chapter 776, Government Code, is amended by
158	158	adding Section 776.0051 to read as follows:
159	159	Sec. 776.0051. MEETINGS. (a) The committee shall meet at
160	160	least annually at the call of the committee chair or the State Soil
161	161	and Water Conservation Board's representative on the committee.
162	162	(b) The State Soil and Water Conservation Board shall ensure
163	163	the committee meets at least annually.
164	164	SECTION 9. Section 776.007, Government Code, is amended by
165	165	amending Subsection (a) and adding Subsection (c) to read as
166	166	follows:
167	167	(a) The committee is subject to Chapter 325 (Texas Sunset
168	168	Act). [Unless continued in existence as provided by that chapter,
169	169	the committee is abolished and this chapter expires September 1,
170	170	2023.]
171	171	(c) The committee shall be reviewed during each period in
172	172	which the State Soil and Water Conservation Board is reviewed.
173	173	SECTION 10. Section 776.006(b), Government Code, is
174	174	repealed.
175	175	SECTION 11. (a) Except as provided by Subsection (b) of
176	176	this section, Section 201.0142, Agriculture Code, as amended by
177	177	this Act, applies to a member of the State Soil and Water
178	178	Conservation Board appointed before, on, or after the effective
179	179	date of this Act.
180	180	(b) A member of the State Soil and Water Conservation Board
181	181	who, before the effective date of this Act, completed the training
182	182	program required by Section 201.0142, Agriculture Code, as that law
183	183	existed before the effective date of this Act, is only required to
184	184	complete additional training on the subjects added by this Act to
185	185	the training program required by Section 201.0142, Agriculture
186	186	Code. A member described by this subsection may not vote,
187	187	deliberate, or be counted as a member in attendance at a meeting of
188	188	the State Soil and Water Conservation Board held on or after
189	189	December 1, 2023, until the member completes the additional
190	190	training.
191	191	SECTION 12. (a) For purposes of Section 201.025,
192	192	Agriculture Code, as amended by this Act, the Sunset Advisory
193	193	Commission shall conduct a limited-scope review of the State Soil
194	194	and Water Conservation Board for the 90th Legislature.
195	195	(b) In conducting the limited-scope review under this
196	196	section, the Sunset Advisory Commission staff evaluation and report
197	197	must be limited to reviewing the State Soil and Water Conservation
198	198	Board's dam structural repair grant program.
199	199	(c) The Sunset Advisory Commission's recommendations to the
200	200	90th Legislature may include any recommendation the commission
201	201	considers appropriate based on the limited-scope review conducted
202	202	under this section.
203	203	SECTION 13. This Act takes effect September 1, 2023.