88R17967 MP-D
By: Clardy, Holland, Canales, Goldman, H.B. No. 1545
Bell of Kaufman
Substitute the following for H.B. No. 1545:
By: Cain C.S.H.B. No. 1545
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the State Soil and
Water Conservation Board and the Texas Invasive Species
Coordinating Committee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.0142, Agriculture Code, is amended
by amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing [legislation that created the]
state board operations;
(2) the programs, functions, rules, and budget of
[operated by] the state board;
(3) the scope of and limitations on the rulemaking
authority [role and functions] of the state board;
(4) [the rules of the state board, with an emphasis on
the rules that relate to disciplinary and investigatory authority;
[(5) the current budget for the state board;
[(6)] the results of the most recent formal audit of
the state board;
(5) [(7)] the requirements of:
(A) laws relating to [the] open meetings, [law,
Chapter 551, Government Code;
[(B) the] public information, [law, Chapter 552,
Government Code;
[(C) the] administrative procedure, and
disclosing conflicts of interest [law, Chapter 2001, Government
Code]; and
(B) [(D)] other laws applicable to members of a
state policy-making body in performing their duties [relating to
public officials, including conflict-of-interest laws]; and
(6) [(8)] any applicable ethics policies adopted by
the state board or the Texas Ethics Commission.
(d) The executive director shall create a training manual
that includes the information required by Subsection (b). The
executive director shall distribute a copy of the training manual
annually to each member of the state board. Each member of the
state board shall sign and submit to the executive director a
statement acknowledging that the member received and has reviewed
the training manual.
SECTION 2. Section 201.019(i), Agriculture Code, is amended
to read as follows:
(i) The state board [agency] shall develop and implement
policies that [which] clearly separate the policy-making
[respective] responsibilities of the state board and the management
responsibilities of the executive director and the staff of the
state board.
SECTION 3. Sections 201.0231(a) and (c), Agriculture Code,
are amended to read as follows:
(a) The state board shall maintain a [central database of
complaints filed with state board offices and a] system to promptly
and efficiently act on complaints [a complaint] filed with the [a]
state board [office]. The state board shall maintain information
about parties to the complaint, the subject matter of the
complaint, a summary of the results of the review or investigation
of the complaint, and its disposition.
(c) The state board shall periodically notify the complaint
parties [to the complaint] of the status of the complaint until
final disposition unless the notice would jeopardize an
investigation.
SECTION 4. Subchapter B, Chapter 201, Agriculture Code, is
amended by adding Section 201.0226 to read as follows:
Sec. 201.0226. DAM STRUCTURAL REPAIR GRANT PROGRAM. (a)
The state board shall develop and implement a program to provide
grants for the structural repair and maintenance of flood control
dams.
(b) With input from stakeholders, the state board shall:
(1) establish goals, criteria, and metrics for the
grant program; and
(2) assess the need for funding the structural repair
and maintenance of flood control dams throughout this state,
including the number of projects a grant sponsor can complete each
year.
(c) In adopting rules or policies for the grant program, the
state board shall:
(1) ensure any local matching fund requirement adopted
by the state board accounts for the financial capacity of the grant
sponsor; and
(2) consider dams that are classified as high-hazard
by the Texas Commission on Environmental Quality.
(d) The state board shall ensure guidance documents for the
grant program, including the 10-year dam repair, rehabilitation,
and maintenance plan adopted under Section 201.0227, are consistent
with the goals, criteria, and metrics established under Subsection
(b).
SECTION 5. Section 201.0227, Agriculture Code, is amended
by adding Subsection (f) to read as follows:
(f) The state board shall consider the timelines for grant
applications for the dam structural repair grant program under
Section 201.0226 when preparing and adopting a plan under this
section.
SECTION 6. Section 201.025, Agriculture Code, is amended to
read as follows:
Sec. 201.025. SUNSET PROVISION. The State Soil and Water
Conservation Board is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the state board is abolished [and this chapter
expires] September 1, 2035 [2023].
SECTION 7. Section 776.004, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The committee shall:
(1) [serve as a catalyst for cooperation between state
agencies in the area of invasive species control;
[(2) facilitate governmental efforts, including
efforts of local governments and special districts, to prevent and
manage invasive species;
[(3) make recommendations to state agencies regarding
research, technology transfer, and management actions related to
invasive species control;
[(4)] facilitate the exchange of information so that
each member agency is informed of committee plans, recommendations,
and proposals for research, education, and implementation of
activities to:
(A) prevent, detect, assess, monitor, contain,
and control or eradicate invasive species; and
(B) reduce environmental and economic threats
and threats to human health from invasive species; and
(2) [(5)] provide a forum for developing coordinated
interagency strategies and policies for invasive species control[;
[(6) provide technical information and input to
regional and national invasive species control coordination
efforts, including the National Invasive Species Management Plan;
[(7) facilitate the review of committee technical
decisions and work product by specialists and interested persons;
and
[(8) report as needed to the governor, lieutenant
governor, and speaker of the house of representatives on committee
plans, work product, and accomplishments].
(a-1) The committee may:
(1) serve as a catalyst for cooperation between state
agencies in the area of invasive species control;
(2) facilitate governmental efforts, including
efforts of local governments and special districts, to prevent and
manage invasive species;
(3) make recommendations to state agencies regarding
research, technology transfer, and management actions related to
invasive species control;
(4) provide technical information and input to
regional and national invasive species control coordination
efforts, including the National Invasive Species Management Plan;
(5) facilitate the review of committee technical
decisions and work product by specialists and interested persons;
and
(6) report as needed to the governor, lieutenant
governor, and speaker of the house of representatives on committee
plans, work product, and accomplishments.
SECTION 8. Chapter 776, Government Code, is amended by
adding Section 776.0051 to read as follows:
Sec. 776.0051. MEETINGS. (a) The committee shall meet at
least annually at the call of the committee chair or the State Soil
and Water Conservation Board's representative on the committee.
(b) The State Soil and Water Conservation Board shall ensure
the committee meets at least annually.
SECTION 9. Section 776.007, Government Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) The committee is subject to Chapter 325 (Texas Sunset
Act). [Unless continued in existence as provided by that chapter,
the committee is abolished and this chapter expires September 1,
2023.]
(c) The committee shall be reviewed during each period in
which the State Soil and Water Conservation Board is reviewed.
SECTION 10. Section 776.006(b), Government Code, is
repealed.
SECTION 11. (a) Except as provided by Subsection (b) of
this section, Section 201.0142, Agriculture Code, as amended by
this Act, applies to a member of the State Soil and Water
Conservation Board appointed before, on, or after the effective
date of this Act.
(b) A member of the State Soil and Water Conservation Board
who, before the effective date of this Act, completed the training
program required by Section 201.0142, Agriculture Code, as that law
existed before the effective date of this Act, is only required to
complete additional training on the subjects added by this Act to
the training program required by Section 201.0142, Agriculture
Code. A member described by this subsection may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the State Soil and Water Conservation Board held on or after
December 1, 2023, until the member completes the additional
training.
SECTION 12. (a) For purposes of Section 201.025,
Agriculture Code, as amended by this Act, the Sunset Advisory
Commission shall conduct a limited-scope review of the State Soil
and Water Conservation Board for the 90th Legislature.
(b) In conducting the limited-scope review under this
section, the Sunset Advisory Commission staff evaluation and report
must be limited to reviewing the State Soil and Water Conservation
Board's dam structural repair grant program.
(c) The Sunset Advisory Commission's recommendations to the
90th Legislature may include any recommendation the commission
considers appropriate based on the limited-scope review conducted
under this section.
SECTION 13. This Act takes effect September 1, 2023.