1-1 AN ACT
1-2 relating to state drought planning and preparation.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (h), Section 15.4061, Water Code, is
1-5 amended to read as follows:
1-6 (h) The board shall require that regional water plans
1-7 developed or revised under contracts entered into under this
1-8 section be made available to the commission, the Department of
1-9 Agriculture, and the Parks and Wildlife Department.
1-10 SECTION 2. Subsection (c), Section 15.7031, Water Code, is
1-11 amended to read as follows:
1-12 (c) The dedication of any water rights placed in trust must
1-13 be reviewed and approved by the commission, in consultation with
1-14 the board and the Parks and Wildlife Department. In addition, the
1-15 Department of Agriculture may provide input to the commission, as
1-16 appropriate, during the review and approval process for dedication
1-17 of water rights.
1-18 SECTION 3. Subsections (c) and (j), Section 16.012, Water
1-19 Code, are amended to read as follows:
1-20 (c) In performing the duties required under Subdivisions
1-21 (1), (4), (5), (6), and (7) of Subsection (b), the executive
1-22 administrator shall consider advice from the Parks and Wildlife
1-23 Department. In addition, the Department of Agriculture may provide
1-24 advice to the executive administrator, where appropriate, regarding
2-1 any of the duties to be performed under Subsection (b).
2-2 (j) Within 90 days of completing a water availability model
2-3 for a river basin, the commission, in coordination with the Parks
2-4 and Wildlife Department and with input from the Department of
2-5 Agriculture, where appropriate, shall determine the potential
2-6 impact of reusing municipal and industrial effluent on existing
2-7 water rights, instream uses, and freshwater inflows to bays and
2-8 estuaries. Within 30 days of making this determination, the
2-9 commission shall provide the projections to the board and each
2-10 regional water planning group created under Section 16.053 of this
2-11 code in that river basin.
2-12 SECTION 4. Subsection (d), Section 16.051, Water Code, is
2-13 amended to read as follows:
2-14 (d) The board, in coordination with the commission, the
2-15 Department of Agriculture, and the Parks and Wildlife Department,
2-16 shall adopt by rule guidance principles for the state water plan
2-17 which reflect the public interest of the entire state. When
2-18 adopting guidance principles, due consideration shall be given to
2-19 the construction and improvement of surface water resources and the
2-20 application of principles that result in voluntary redistribution
2-21 of water resources. The board shall review and update the guidance
2-22 principles, with input from the commission, the Department of
2-23 Agriculture, and the Parks and Wildlife Department, as necessary
2-24 but at least every five years to coincide with the five-year cycle
2-25 for adoption of a new water plan as described in Subsection (a).
2-26 SECTION 5. Subsection (c), Section 16.053, Water Code, is
2-27 amended to read as follows:
3-1 (c) No later than 60 days after the designation of the
3-2 regions under Subsection (b) [of this section], the board shall
3-3 designate representatives within each regional water planning area
3-4 to serve as the initial coordinating body for planning. The
3-5 initial coordinating body may [shall] then designate additional
3-6 representatives to serve on the regional water planning group. The
3-7 initial coordinating body shall designate additional
3-8 representatives if necessary to ensure[, ensuring] adequate
3-9 representation from the interests comprising that region, including
3-10 [but not limited to] the public, counties, municipalities,
3-11 industries, agricultural interests, environmental interests, small
3-12 businesses, electric generating utilities, river authorities, water
3-13 districts, and water utilities. The regional water planning group
3-14 shall maintain adequate representation from those interests. In
3-15 addition, representatives of the board, the Parks and Wildlife
3-16 Department, and the Department of Agriculture shall serve as ex
3-17 officio members of each regional water planning group.
3-18 SECTION 6. Subsection (a), Section 16.054, Water Code, is
3-19 amended to read as follows:
3-20 (a) It is the policy of the state that water resource
3-21 management, water conservation, and drought planning should occur
3-22 on an ongoing basis. The board, commission, and Parks and Wildlife
3-23 Department shall make available where appropriate technical and
3-24 financial assistance for such planning. In addition, the
3-25 Department of Agriculture may provide input and assistance, as
3-26 appropriate, for such planning.
3-27 SECTION 7. Section 16.055, Water Code, is amended to read as
4-1 follows:
4-2 Sec. 16.055. DROUGHT RESPONSE PLAN. (a) The coordinator of
4-3 the division of emergency management of the office of the governor
4-4 is the state drought manager. The state drought manager is [shall
4-5 be] responsible for managing and coordinating the drought response
4-6 component of the state water plan.
4-7 (b) The drought preparedness council [response and
4-8 monitoring committee] is created and shall meet as necessary to
4-9 carry out the provisions of this section. The council [committee]
4-10 is composed of one representative from each of the following
4-11 entities, appointed by the administrative head of that entity:
4-12 (1) the division of emergency management of the office
4-13 of the governor;
4-14 (2) the board;
4-15 (3) the commission;
4-16 (4) the Parks and Wildlife Department;
4-17 (5) the Department of Agriculture;
4-18 (6) the Texas Agricultural Extension Service; [and]
4-19 (7) the State Soil and Water Conservation Board;
4-20 (8) the Texas Department of Housing and Community
4-21 Affairs;
4-22 (9) the Texas Forest Service;
4-23 (10) the Texas Department of Transportation;
4-24 (11) the Texas Department of Economic Development; and
4-25 (12) a representative of groundwater management
4-26 interests who is appointed by the governor.
4-27 (c) The governor may designate any other person or a
5-1 representative of any other entity to serve on the drought
5-2 preparedness council [committee].
5-3 (d) The state drought manager [representative of the
5-4 division of emergency management] shall serve as chair of the
5-5 drought preparedness council [committee].
5-6 (e) The drought preparedness council [committee] shall be
5-7 responsible for:
5-8 (1) the assessment and public reporting of drought
5-9 monitoring and water supply conditions;
5-10 (2) advising the governor on significant drought
5-11 conditions;
5-12 (3) recommending specific provisions for a defined
5-13 state response to drought-related disasters for inclusion in the
5-14 state emergency management plan and the state water plan;
5-15 (4) advising the regional water planning groups on
5-16 drought-related issues in the regional water plans; [and]
5-17 (5) ensuring effective coordination among state,
5-18 local, and federal agencies in drought-response planning; and
5-19 (6) reporting to the legislature, not later than
5-20 January 15 of each odd-numbered year, regarding significant drought
5-21 conditions in the state.
5-22 (f) In performing its duties under this section, the drought
5-23 preparedness council [response and monitoring committee] shall
5-24 consider the following factors when determining whether a drought
5-25 exists for the purposes of this section:
5-26 (1) meteorological conditions and forecasts;
5-27 (2) hydrological conditions and forecasts;
6-1 (3) water use and demand forecasts;
6-2 (4) water supply conditions and forecasts;
6-3 (5) the potential impacts of the water shortage on:
6-4 (A) the public health, safety, and welfare;
6-5 (B) economic development; and
6-6 (C) agricultural and natural resources; and
6-7 (6) other factors deemed appropriate by the council
6-8 [committee].
6-9 (g) Immediately upon the declaration under Section 418.014
6-10 or 418.108, Government Code, of a state of disaster in a county due
6-11 to drought conditions, the county shall:
6-12 (1) publish notice of the declaration of the state of
6-13 disaster in one or more newspapers having general circulation in
6-14 the county; and
6-15 (2) give notice of the declaration of the state of
6-16 disaster to:
6-17 (A) the chairman of the regional water planning
6-18 group in which the county is located; and
6-19 (B) each person or entity located in the county
6-20 that is required to develop a water conservation plan under Section
6-21 11.1271 or a drought contingency plan under Section 11.1272.
6-22 (h) On receipt of the notice under Subsection (g)(2)(B), the
6-23 person or entity shall immediately implement the person's or
6-24 entity's water conservation plan or drought contingency plan.
6-25 (i) Nothing in this section prevents a political subdivision
6-26 or a person or entity required to develop a water conservation plan
6-27 under Section 11.1271 or a drought contingency plan under Section
7-1 11.1272 from implementing water conservation measures.
7-2 SECTION 8. Subchapter C, Chapter 16, Water Code, is amended
7-3 by adding Section 16.0551 to read as follows:
7-4 Sec. 16.0551. STATE DROUGHT PREPAREDNESS PLAN. (a) The
7-5 drought preparedness council shall develop and implement a
7-6 comprehensive state drought preparedness plan for mitigating the
7-7 effects of drought in the state and shall periodically update the
7-8 plan. The plan shall be separate from the state water plan.
7-9 (b) The plan shall provide for:
7-10 (1) timely and systematic data collection, analysis,
7-11 and dissemination of drought-related information;
7-12 (2) an organizational structure that:
7-13 (A) assures information flow between and within
7-14 levels of government;
7-15 (B) defines the duties and responsibilities of
7-16 all agencies with respect to drought; and
7-17 (C) assures coordination between the state and
7-18 federal governments through integration with applicable national
7-19 drought policies;
7-20 (3) maintenance of an inventory of state and federal
7-21 programs for assessing and responding to drought emergencies,
7-22 together with updated recommendations regarding appropriate action;
7-23 (4) a mechanism to improve the timely and accurate
7-24 assessment of drought impact on agriculture, industry,
7-25 municipalities, wildlife, and the health of the natural resource
7-26 base;
7-27 (5) provision of accurate and timely information to
8-1 the media to keep the public informed of current conditions; and
8-2 (6) procedures to evaluate and revise the plan on a
8-3 continuous basis to keep the plan responsive to state needs.
8-4 (c) The state drought manager shall use existing resources
8-5 to develop an information and communications network to forecast
8-6 and inform interested parties and the public of the potential for
8-7 drought, including programs and staff of state agencies and other
8-8 political subdivisions and of state institutions of higher
8-9 education.
8-10 SECTION 9. Section 17.895, Water Code, is amended by adding
8-11 Subsection (d) to read as follows:
8-12 (d) For purposes of this section, the board or lender
8-13 districts may seek the advice of the Department of Agriculture
8-14 regarding the feasibility of a project for which a conservation
8-15 loan is sought.
8-16 SECTION 10. Subsection (a), Section 26.121, Water Code, is
8-17 amended to read as follows:
8-18 (a) Except as authorized by the commission, no person may:
8-19 (1) discharge sewage, municipal waste, recreational
8-20 waste, agricultural waste, or industrial waste into or adjacent to
8-21 any water in the state;
8-22 (2) discharge other waste into or adjacent to any
8-23 water in the state which in itself or in conjunction with any other
8-24 discharge or activity causes, continues to cause, or will cause
8-25 pollution of any of the water in the state, unless the discharge
8-26 complies with a person's:
8-27 (A) certified water quality management plan
9-1 approved by the State Soil and Water Conservation Board as provided
9-2 by Section 201.026, Agriculture Code; or
9-3 (B) water pollution and abatement plan approved
9-4 by the commission; or
9-5 (3) commit any other act or engage in any other
9-6 activity which in itself or in conjunction with any other discharge
9-7 or activity causes, continues to cause, or will cause pollution of
9-8 any of the water in the state, unless the activity is under the
9-9 jurisdiction of the Parks and Wildlife Department, the General Land
9-10 Office, the Department of Agriculture, or the Railroad Commission
9-11 of Texas, in which case this subdivision does not apply.
9-12 SECTION 11. Section 26.127, Water Code, is amended to read
9-13 as follows:
9-14 Sec. 26.127. Commission as Principal Authority. (a) The
9-15 commission is the principal authority in the state on matters
9-16 relating to the quality of the water in the state. The executive
9-17 director has the responsibility for establishing a water quality
9-18 sampling and monitoring program for the state. All other state
9-19 agencies engaged in water quality or water pollution control
9-20 activities shall coordinate those activities with the commission.
9-21 (b) The executive director may, on behalf of and with the
9-22 consent of the commission, enter into contracts or other agreements
9-23 with the Department of Agriculture for purposes of obtaining
9-24 laboratory services for water quality testing.
9-25 SECTION 12. Subsection (e), Section 35.007, Water Code, is
9-26 amended to read as follows:
9-27 (e) The executive director shall request a study from the
10-1 executive director of the Parks and Wildlife Department for the
10-2 purpose of preparing the report required by this section. The
10-3 Department of Agriculture may also provide input to the executive
10-4 director for purposes of the report. The study must:
10-5 (1) evaluate the potential effects of the designation
10-6 of a priority groundwater management area on an area's natural
10-7 resources; and
10-8 (2) be completed and delivered to the executive
10-9 director on or before the 180th day following the date of the
10-10 request. If the study is not delivered within this 180-day period,
10-11 the executive director may proceed with the preparation of the
10-12 report.
10-13 SECTION 13. Subsection (d), Section 35.012, Water Code, is
10-14 amended to read as follows:
10-15 (d) The commission shall identify the areas subject to the
10-16 order of the commission issued under Subsection (b) that have not
10-17 been incorporated into a district and shall delineate proposed
10-18 boundaries of a district to include those areas. If the commission
10-19 proposes the creation of one or more districts, the Texas
10-20 Agricultural Extension Service shall begin an educational program
10-21 within such areas with the assistance and cooperation of the Texas
10-22 Water Development Board, the commission, the Department of
10-23 Agriculture, other state agencies, and existing districts to inform
10-24 the residents of the status of the area's water resources and
10-25 management options including possible formation of a district,
10-26 before beginning the procedures for creation of a district provided
10-27 in Subchapter B, Chapter 36.
11-1 SECTION 14. Subsection (d), Section 35.013, Water Code, is
11-2 amended to read as follows:
11-3 (d) If the board votes to accept the addition of the
11-4 priority groundwater management area to the district, the board:
11-5 (1) may request the Texas Agricultural Extension
11-6 Service, the commission, and the Texas Water Development Board,
11-7 with the cooperation and assistance of the Department of
11-8 Agriculture and other state agencies, to administer an educational
11-9 program to inform the residents of the status of the area's water
11-10 resources and management options including possible annexation into
11-11 a district;
11-12 (2) shall call an election within the priority
11-13 groundwater management area as delineated by the commission to
11-14 determine if the priority groundwater management area will be added
11-15 to the district; and
11-16 (3) shall designate election precincts and polling
11-17 places for the elections in the order calling an election under
11-18 this subsection.
11-19 SECTION 15. The importance of this legislation and the
11-20 crowded condition of the calendars in both houses create an
11-21 emergency and an imperative public necessity that the
11-22 constitutional rule requiring bills to be read on three several
11-23 days in each house be suspended, and this rule is hereby suspended,
11-24 and that this Act take effect and be in force from and after its
11-25 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2660 was passed by the House on May
4, 1999, by the following vote: Yeas 144, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2660 on May 20, 1999, by the following vote: Yeas 145, Nays 0,
1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2660 was passed by the Senate, with
amendments, on May 18, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor