Texas 2023 - 88th Regular

Texas Senate Bill SB1351 Compare Versions

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1	1	88R1523 ANG-D
2	2	By: Perry, et al. S.B. No. 1351
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the functions of the Texas Water Development Board and
8	8	continuation and functions of the State Water Implementation Fund
9	9	for Texas Advisory Committee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 6.013, Water Code, is amended to read as
12	12	follows:
13	13	Sec. 6.013. SUNSET PROVISION. The Texas Water Development
14	14	Board is subject to review under Chapter 325, Government Code
15	15	(Texas Sunset Act), but is not abolished under that chapter. The
16	16	board shall be reviewed during the period in which state agencies
17	17	abolished in 2035 [2023] and every 12th year after 2035 [2023] are
18	18	reviewed.
19	19	SECTION 2. Section 6.062, Water Code, is amended by
20	20	amending Subsection (b) and adding Subsection (d) to read as
21	21	follows:
22	22	(b) The training program must provide the person with
23	23	information regarding:
24	24	(1) the law governing [legislation that created the]
25	25	board operations;
26	26	(2) the programs, functions, rules, and budget of
27	27	[operated by] the board;
28	28	(3) the scope of and limitations on the rulemaking
29	29	authority [role and functions] of the board;
30	30	(4) [the rules of the board, with an emphasis on the
31	31	rules that relate to disciplinary and investigatory authority;
32	32	[(5) the current budget for the board;
33	33	[(6)] the results of the most recent formal audit of
34	34	the board;
35	35	(5) [(7)] the requirements of:
36	36	(A) laws relating to [the] open meetings, [law,
37	37	Chapter 551, Government Code;
38	38	[(B) the] public information, [law, Chapter 552,
39	39	Government Code;
40	40	[(C) the] administrative procedure, [law,
41	41	Chapter 2001, Government Code;] and disclosing conflicts of
42	42	interest; and
43	43	(B) [(D)] other laws applicable to members of a
44	44	state policy-making body in performing their duties [relating to
45	45	public officials, including conflict of interest laws]; and
46	46	(6) [(8)] any applicable ethics policies adopted by
47	47	the board or the Texas Ethics Commission.
48	48	(d) The executive administrator shall create a training
49	49	manual that includes the information required by Subsection (b).
50	50	The executive administrator shall distribute a copy of the training
51	51	manual annually to each member of the board. Each member of the
52	52	board shall sign and submit to the executive administrator a
53	53	statement acknowledging that the member received and reviewed the
54	54	training manual.
55	55	SECTION 3. Section 15.438(k), Water Code, is amended to
56	56	read as follows:
57	57	(k) The advisory committee is subject to Chapter 325,
58	58	Government Code (Texas Sunset Act). Unless continued in existence
59	59	as provided by that chapter, the advisory committee is abolished
60	60	and this section expires September 1, 2035 [2023].
61	61	SECTION 4. Subchapter C, Chapter 16, Water Code, is amended
62	62	by adding Section 16.0511 to read as follows:
63	63	Sec. 16.0511. FEASIBILITY REVIEW OF CERTAIN PROJECTS IN
64	64	STATE WATER PLAN. (a) Not later than January 5, 2027, and before
65	65	the end of each successive five-year period after that date, the
66	66	executive administrator shall evaluate the feasibility of certain
67	67	projects under the state water plan, including:
68	68	(1) projects the board has prioritized for funding;
69	69	(2) projects involving:
70	70	(A) reservoirs;
71	71	(B) interstate water transfers;
72	72	(C) innovative technology projects; and
73	73	(D) desalination plants; and
74	74	(3) other large projects as determined by the board.
75	75	(b) In conducting the feasibility review, the executive
76	76	administrator shall analyze for each project:
77	77	(1) the implementation timeline;
78	78	(2) associated costs;
79	79	(3) land acquisition considerations; and
80	80	(4) the economic impact.
81	81	SECTION 5. Section 16.053, Water Code, is amended by adding
82	82	Subsection (e-2) to read as follows:
83	83	(e-2) A regional water planning group may plan for drought
84	84	conditions worse than the drought of record when developing a
85	85	regional water plan under Subsection (e).
86	86	SECTION 6. Subchapter E, Chapter 16, Water Code, is amended
87	87	by adding Section 16.147 to read as follows:
88	88	Sec. 16.147. ESTABLISHMENT OF CERTAIN PERFORMANCE GOALS AND
89	89	METRICS. (a) The board shall develop and implement performance
90	90	goals and performance metrics as part of a comprehensive evaluation
91	91	of the board's review of proposed projects for compliance with
92	92	programmatic and design requirements.
93	93	(b) The board shall periodically:
94	94	(1) collect data regarding the performance metrics;
95	95	(2) analyze the data described by Subdivision (1)
96	96	related to the performance metrics to identify relevant trends; and
97	97	(3) use the performance metrics to assess the board's
98	98	progress toward meeting the board's performance goals.
99	99	(c) The board shall periodically review the performance
100	100	goals and performance metrics to assess the effectiveness and
101	101	efficiency of the board's review of proposed projects.
102	102	(d) The executive administrator shall periodically update
103	103	the board on the implementation and analysis of the performance
104	104	metrics and progress toward performance goals.
105	105	(e) The board shall develop and implement periodic
106	106	reporting schedules for all performance goals and performance
107	107	metrics required under this section.
108	108	SECTION 7. Section 17.276, Water Code, is amended by adding
109	109	Subsections (d-1), (d-2), and (d-3) to read as follows:
110	110	(d-1) The board by rule may adopt procedures allowing the
111	111	use of different standards of review and approval of design
112	112	criteria for plans and specifications for sewerage collection,
113	113	treatment, and disposal systems.
114	114	(d-2) In establishing the appropriate standard of review
115	115	and approval for plans and specifications under Subsection (d-1),
116	116	the rules must require an individualized assessment that applies
117	117	risk-based considerations to each project associated with the plans
118	118	and specifications, including:
119	119	(1) any potential financial risk associated with the
120	120	project;
121	121	(2) any risk to public health associated with the
122	122	project; or
123	123	(3) other relevant financial considerations
124	124	associated with the project.
125	125	(d-3) For plans and specifications subject to a limited
126	126	standard of review and approval under Subsection (d-1), the board
127	127	shall require the registered professional engineer who submitted
128	128	the plans and specifications to make a finding that:
129	129	(1) the plans and specifications are in substantial
130	130	compliance with standards established by the commission; and
131	131	(2) any deviation from the standards established by
132	132	the commission is based on the best professional judgment of the
133	133	registered professional engineer.
134	134	SECTION 8. The following provisions of the Water Code are
135	135	repealed:
136	136	(1) Section 15.108;
137	137	(2) Section 15.218; and
138	138	(3) Section 15.3061.
139	139	SECTION 9. The changes in law made by this Act to Chapter
140	140	17, Water Code, apply only to an application submitted to the Texas
141	141	Water Development Board on or after the effective date of this Act.
142	142	An application submitted to the Texas Water Development Board
143	143	before the effective date of this Act is governed by the law in
144	144	effect at the time the application was filed, and the former law is
145	145	continued in effect for that purpose.
146	146	SECTION 10. This Act takes effect September 1, 2023.