88R1523 ANG-D
By: Canales H.B. No. 1565
A BILL TO BE ENTITLED
AN ACT
relating to the functions of the Texas Water Development Board and
continuation and functions of the State Water Implementation Fund
for Texas Advisory Committee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6.013, Water Code, is amended to read as
follows:
Sec. 6.013. SUNSET PROVISION. The Texas Water Development
Board is subject to review under Chapter 325, Government Code
(Texas Sunset Act), but is not abolished under that chapter. The
board shall be reviewed during the period in which state agencies
abolished in 2035 [2023] and every 12th year after 2035 [2023] are
reviewed.
SECTION 2. Section 6.062, Water 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]
board operations;
(2) the programs, functions, rules, and budget of
[operated by] the board;
(3) the scope of and limitations on the rulemaking
authority [role and functions] of the board;
(4) [the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
[(5) the current budget for the board;
[(6)] the results of the most recent formal audit of
the 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, [law,
Chapter 2001, Government Code;] and disclosing conflicts of
interest; 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 board or the Texas Ethics Commission.
(d) The executive administrator shall create a training
manual that includes the information required by Subsection (b).
The executive administrator shall distribute a copy of the training
manual annually to each member of the board. Each member of the
board shall sign and submit to the executive administrator a
statement acknowledging that the member received and reviewed the
training manual.
SECTION 3. Section 15.438(k), Water Code, is amended to
read as follows:
(k) The advisory committee is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the advisory committee is abolished
and this section expires September 1, 2035 [2023].
SECTION 4. Subchapter C, Chapter 16, Water Code, is amended
by adding Section 16.0511 to read as follows:
Sec. 16.0511. FEASIBILITY REVIEW OF CERTAIN PROJECTS IN
STATE WATER PLAN. (a) Not later than January 5, 2027, and before
the end of each successive five-year period after that date, the
executive administrator shall evaluate the feasibility of certain
projects under the state water plan, including:
(1) projects the board has prioritized for funding;
(2) projects involving:
(A) reservoirs;
(B) interstate water transfers;
(C) innovative technology projects; and
(D) desalination plants; and
(3) other large projects as determined by the board.
(b) In conducting the feasibility review, the executive
administrator shall analyze for each project:
(1) the implementation timeline;
(2) associated costs;
(3) land acquisition considerations; and
(4) the economic impact.
SECTION 5. Section 16.053, Water Code, is amended by adding
Subsection (e-2) to read as follows:
(e-2) A regional water planning group may plan for drought
conditions worse than the drought of record when developing a
regional water plan under Subsection (e).
SECTION 6. Subchapter E, Chapter 16, Water Code, is amended
by adding Section 16.147 to read as follows:
Sec. 16.147. ESTABLISHMENT OF CERTAIN PERFORMANCE GOALS AND
METRICS. (a) The board shall develop and implement performance
goals and performance metrics as part of a comprehensive evaluation
of the board's review of proposed projects for compliance with
programmatic and design requirements.
(b) The board shall periodically:
(1) collect data regarding the performance metrics;
(2) analyze the data described by Subdivision (1)
related to the performance metrics to identify relevant trends; and
(3) use the performance metrics to assess the board's
progress toward meeting the board's performance goals.
(c) The board shall periodically review the performance
goals and performance metrics to assess the effectiveness and
efficiency of the board's review of proposed projects.
(d) The executive administrator shall periodically update
the board on the implementation and analysis of the performance
metrics and progress toward performance goals.
(e) The board shall develop and implement periodic
reporting schedules for all performance goals and performance
metrics required under this section.
SECTION 7. Section 17.276, Water Code, is amended by adding
Subsections (d-1), (d-2), and (d-3) to read as follows:
(d-1) The board by rule may adopt procedures allowing the
use of different standards of review and approval of design
criteria for plans and specifications for sewerage collection,
treatment, and disposal systems.
(d-2) In establishing the appropriate standard of review
and approval for plans and specifications under Subsection (d-1),
the rules must require an individualized assessment that applies
risk-based considerations to each project associated with the plans
and specifications, including:
(1) any potential financial risk associated with the
project;
(2) any risk to public health associated with the
project; or
(3) other relevant financial considerations
associated with the project.
(d-3) For plans and specifications subject to a limited
standard of review and approval under Subsection (d-1), the board
shall require the registered professional engineer who submitted
the plans and specifications to make a finding that:
(1) the plans and specifications are in substantial
compliance with standards established by the commission; and
(2) any deviation from the standards established by
the commission is based on the best professional judgment of the
registered professional engineer.
SECTION 8. The following provisions of the Water Code are
repealed:
(1) Section 15.108;
(2) Section 15.218; and
(3) Section 15.3061.
SECTION 9. The changes in law made by this Act to Chapter
17, Water Code, apply only to an application submitted to the Texas
Water Development Board on or after the effective date of this Act.
An application submitted to the Texas Water Development Board
before the effective date of this Act is governed by the law in
effect at the time the application was filed, and the former law is
continued in effect for that purpose.
SECTION 10. This Act takes effect September 1, 2023.