1-1 By: Swinford, et al. (Senate Sponsor - Ogden) H.B. No. 2660
1-2 (In the Senate - Received from the House May 5, 1999;
1-3 May 6, 1999, read first time and referred to Committee on Natural
1-4 Resources; May 14, 1999, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 0;
1-6 May 14, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2660 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to state drought planning and preparation.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsection (h), Section 15.4061, Water Code, is
1-13 amended to read as follows:
1-14 (h) The board shall require that regional water plans
1-15 developed or revised under contracts entered into under this
1-16 section be made available to the commission, the Department of
1-17 Agriculture, and the Parks and Wildlife Department.
1-18 SECTION 2. Subsection (c), Section 15.7031, Water Code, is
1-19 amended to read as follows:
1-20 (c) The dedication of any water rights placed in trust must
1-21 be reviewed and approved by the commission, in consultation with
1-22 the board and the Parks and Wildlife Department. In addition, the
1-23 Department of Agriculture may provide input to the commission, as
1-24 appropriate, during the review and approval process for dedication
1-25 of water rights.
1-26 SECTION 3. Subsections (c) and (j), Section 16.012, Water
1-27 Code, are amended to read as follows:
1-28 (c) In performing the duties required under Subdivisions
1-29 (1), (4), (5), (6), and (7) of Subsection (b), the executive
1-30 administrator shall consider advice from the Parks and Wildlife
1-31 Department. In addition, the Department of Agriculture may provide
1-32 advice to the executive administrator, where appropriate, regarding
1-33 any of the duties to be performed under Subsection (b).
1-34 (j) Within 90 days of completing a water availability model
1-35 for a river basin, the commission, in coordination with the Parks
1-36 and Wildlife Department and with input from the Department of
1-37 Agriculture, where appropriate, shall determine the potential
1-38 impact of reusing municipal and industrial effluent on existing
1-39 water rights, instream uses, and freshwater inflows to bays and
1-40 estuaries. Within 30 days of making this determination, the
1-41 commission shall provide the projections to the board and each
1-42 regional water planning group created under Section 16.053 of this
1-43 code in that river basin.
1-44 SECTION 4. Subsection (d), Section 16.051, Water Code, is
1-45 amended to read as follows:
1-46 (d) The board, in coordination with the commission, the
1-47 Department of Agriculture, and the Parks and Wildlife Department,
1-48 shall adopt by rule guidance principles for the state water plan
1-49 which reflect the public interest of the entire state. When
1-50 adopting guidance principles, due consideration shall be given to
1-51 the construction and improvement of surface water resources and the
1-52 application of principles that result in voluntary redistribution
1-53 of water resources. The board shall review and update the guidance
1-54 principles, with input from the commission, the Department of
1-55 Agriculture, and the Parks and Wildlife Department, as necessary
1-56 but at least every five years to coincide with the five-year cycle
1-57 for adoption of a new water plan as described in Subsection (a).
1-58 SECTION 5. Subsection (c), Section 16.053, Water Code, is
1-59 amended to read as follows:
1-60 (c) No later than 60 days after the designation of the
1-61 regions under Subsection (b) [of this section], the board shall
1-62 designate representatives within each regional water planning area
1-63 to serve as the initial coordinating body for planning. The
1-64 initial coordinating body may [shall] then designate additional
2-1 representatives to serve on the regional water planning group. The
2-2 initial coordinating body shall designate additional
2-3 representatives if necessary to ensure[, ensuring] adequate
2-4 representation from the interests comprising that region, including
2-5 [but not limited to] the public, counties, municipalities,
2-6 industries, agricultural interests, environmental interests, small
2-7 businesses, electric generating utilities, river authorities, water
2-8 districts, and water utilities. The regional water planning group
2-9 shall maintain adequate representation from those interests. In
2-10 addition, representatives of the board, the Parks and Wildlife
2-11 Department, and the Department of Agriculture shall serve as ex
2-12 officio members of each regional water planning group.
2-13 SECTION 6. Subsection (a), Section 16.054, Water Code, is
2-14 amended to read as follows:
2-15 (a) It is the policy of the state that water resource
2-16 management, water conservation, and drought planning should occur
2-17 on an ongoing basis. The board, commission, and Parks and Wildlife
2-18 Department shall make available where appropriate technical and
2-19 financial assistance for such planning. In addition, the
2-20 Department of Agriculture may provide input and assistance, as
2-21 appropriate, for such planning.
2-22 SECTION 7. Section 16.055, Water Code, is amended to read as
2-23 follows:
2-24 Sec. 16.055. DROUGHT RESPONSE PLAN. (a) The coordinator of
2-25 the division of emergency management of the office of the governor
2-26 is the state drought manager. The state drought manager is [shall
2-27 be] responsible for managing and coordinating the drought response
2-28 component of the state water plan.
2-29 (b) The drought preparedness council [response and
2-30 monitoring committee] is created and shall meet as necessary to
2-31 carry out the provisions of this section. The council [committee]
2-32 is composed of one representative from each of the following
2-33 entities, appointed by the administrative head of that entity:
2-34 (1) the division of emergency management of the office
2-35 of the governor;
2-36 (2) the board;
2-37 (3) the commission;
2-38 (4) the Parks and Wildlife Department;
2-39 (5) the Department of Agriculture;
2-40 (6) the Texas Agricultural Extension Service; [and]
2-41 (7) the State Soil and Water Conservation Board;
2-42 (8) the Texas Forest Service;
2-43 (9) the Texas Department of Transportation;
2-44 (10) the Texas Department of Economic Development; and
2-45 (11) a representative of groundwater management
2-46 interests.
2-47 (c) The governor may designate any other person or a
2-48 representative of any other entity to serve on the drought
2-49 preparedness council [committee].
2-50 (d) The state drought manager [representative of the
2-51 division of emergency management] shall serve as chair of the
2-52 drought preparedness council [committee].
2-53 (e) The drought preparedness council [committee] shall be
2-54 responsible for:
2-55 (1) the assessment and public reporting of drought
2-56 monitoring and water supply conditions;
2-57 (2) advising the governor on significant drought
2-58 conditions;
2-59 (3) recommending specific provisions for a defined
2-60 state response to drought-related disasters for inclusion in the
2-61 state emergency management plan and the state water plan;
2-62 (4) advising the regional water planning groups on
2-63 drought-related issues in the regional water plans; [and]
2-64 (5) ensuring effective coordination among state,
2-65 local, and federal agencies in drought-response planning; and
2-66 (6) reporting to the legislature, not later than
2-67 January 15 of each odd-numbered year, regarding significant drought
2-68 conditions in the state.
2-69 (f) In performing its duties under this section, the drought
3-1 preparedness council [response and monitoring committee] shall
3-2 consider the following factors when determining whether a drought
3-3 exists for the purposes of this section:
3-4 (1) meteorological conditions and forecasts;
3-5 (2) hydrological conditions and forecasts;
3-6 (3) water use and demand forecasts;
3-7 (4) water supply conditions and forecasts;
3-8 (5) the potential impacts of the water shortage on:
3-9 (A) the public health, safety, and welfare;
3-10 (B) economic development; and
3-11 (C) agricultural and natural resources; and
3-12 (6) other factors deemed appropriate by the council
3-13 [committee].
3-14 (g) Immediately upon the declaration under Section 418.014
3-15 or 418.108, Government Code, of a state of disaster in a county due
3-16 to drought conditions, the county shall:
3-17 (1) publish notice of the declaration of the state of
3-18 disaster in one or more newspapers having general circulation in
3-19 the county; and
3-20 (2) give notice of the declaration of the state of
3-21 disaster to:
3-22 (A) the chairman of the regional water planning
3-23 group in which the county is located; and
3-24 (B) each person or entity located in the county
3-25 that is required to develop a water conservation plan under Section
3-26 11.1271 or a drought contingency plan under Section 11.1272.
3-27 (h) On receipt of the notice under Subsection (g)(2)(B), the
3-28 person or entity shall immediately implement the person's or
3-29 entity's water conservation plan or drought contingency plan.
3-30 (i) Nothing in this section prevents a political subdivision
3-31 or a person or entity required to develop a water conservation plan
3-32 under Section 11.1271 or a drought contingency plan under Section
3-33 11.1272 from implementing water conservation measures.
3-34 SECTION 8. Subchapter C, Chapter 16, Water Code, is amended
3-35 by adding Section 16.0551 to read as follows:
3-36 Sec. 16.0551. STATE DROUGHT PREPAREDNESS PLAN. (a) The
3-37 drought preparedness council shall develop and implement a
3-38 comprehensive state drought preparedness plan for mitigating the
3-39 effects of drought in the state and shall periodically update the
3-40 plan. The plan shall be separate from the state water plan.
3-41 (b) The plan shall provide for:
3-42 (1) timely and systematic data collection, analysis,
3-43 and dissemination of drought-related information;
3-44 (2) an organizational structure that:
3-45 (A) assures information flow between and within
3-46 levels of government;
3-47 (B) defines the duties and responsibilities of
3-48 all agencies with respect to drought; and
3-49 (C) assures coordination between the state and
3-50 federal governments through integration with applicable national
3-51 drought policies;
3-52 (3) maintenance of an inventory of state and federal
3-53 programs for assessing and responding to drought emergencies,
3-54 together with updated recommendations regarding appropriate action;
3-55 (4) a mechanism to improve the timely and accurate
3-56 assessment of drought impact on agriculture, industry,
3-57 municipalities, wildlife, and the health of the natural resource
3-58 base;
3-59 (5) provision of accurate and timely information to
3-60 the media to keep the public informed of current conditions; and
3-61 (6) procedures to evaluate and revise the plan on a
3-62 continuous basis to keep the plan responsive to state needs.
3-63 (c) The state drought manager shall use existing resources
3-64 to develop an information and communications network to forecast
3-65 and inform interested parties and the public of the potential for
3-66 drought, including programs and staff of state agencies and other
3-67 political subdivisions and of state institutions of higher
3-68 education.
3-69 SECTION 9. Section 17.895, Water Code, is amended by adding
4-1 Subsection (d) to read as follows:
4-2 (d) For purposes of this section, the board or lender
4-3 districts may seek the advice of the Department of Agriculture
4-4 regarding the feasibility of a project for which a conservation
4-5 loan is sought.
4-6 SECTION 10. Subsection (a), Section 26.121, Water Code, is
4-7 amended to read as follows:
4-8 (a) Except as authorized by the commission, no person may:
4-9 (1) discharge sewage, municipal waste, recreational
4-10 waste, agricultural waste, or industrial waste into or adjacent to
4-11 any water in the state;
4-12 (2) discharge other waste into or adjacent to any
4-13 water in the state which in itself or in conjunction with any other
4-14 discharge or activity causes, continues to cause, or will cause
4-15 pollution of any of the water in the state, unless the discharge
4-16 complies with a person's:
4-17 (A) certified water quality management plan
4-18 approved by the State Soil and Water Conservation Board as provided
4-19 by Section 201.026, Agriculture Code; or
4-20 (B) water pollution and abatement plan approved
4-21 by the commission; or
4-22 (3) commit any other act or engage in any other
4-23 activity which in itself or in conjunction with any other discharge
4-24 or activity causes, continues to cause, or will cause pollution of
4-25 any of the water in the state, unless the activity is under the
4-26 jurisdiction of the Parks and Wildlife Department, the General Land
4-27 Office, the Department of Agriculture, or the Railroad Commission
4-28 of Texas, in which case this subdivision does not apply.
4-29 SECTION 11. Section 26.127, Water Code, is amended to read
4-30 as follows:
4-31 Sec. 26.127. Commission as Principal Authority. (a) The
4-32 commission is the principal authority in the state on matters
4-33 relating to the quality of the water in the state. The executive
4-34 director has the responsibility for establishing a water quality
4-35 sampling and monitoring program for the state. All other state
4-36 agencies engaged in water quality or water pollution control
4-37 activities shall coordinate those activities with the commission.
4-38 (b) The executive director may, on behalf of and with the
4-39 consent of the commission, enter into contracts or other agreements
4-40 with the Department of Agriculture for purposes of obtaining
4-41 laboratory services for water quality testing.
4-42 SECTION 12. Subsection (e), Section 35.007, Water Code, is
4-43 amended to read as follows:
4-44 (e) The executive director shall request a study from the
4-45 executive director of the Parks and Wildlife Department for the
4-46 purpose of preparing the report required by this section. The
4-47 Department of Agriculture may also provide input to the executive
4-48 director for purposes of the report. The study must:
4-49 (1) evaluate the potential effects of the designation
4-50 of a priority groundwater management area on an area's natural
4-51 resources; and
4-52 (2) be completed and delivered to the executive
4-53 director on or before the 180th day following the date of the
4-54 request. If the study is not delivered within this 180-day period,
4-55 the executive director may proceed with the preparation of the
4-56 report.
4-57 SECTION 13. Subsection (d), Section 35.012, Water Code, is
4-58 amended to read as follows:
4-59 (d) The commission shall identify the areas subject to the
4-60 order of the commission issued under Subsection (b) that have not
4-61 been incorporated into a district and shall delineate proposed
4-62 boundaries of a district to include those areas. If the commission
4-63 proposes the creation of one or more districts, the Texas
4-64 Agricultural Extension Service shall begin an educational program
4-65 within such areas with the assistance and cooperation of the Texas
4-66 Water Development Board, the commission, the Department of
4-67 Agriculture, other state agencies, and existing districts to inform
4-68 the residents of the status of the area's water resources and
4-69 management options including possible formation of a district,
5-1 before beginning the procedures for creation of a district provided
5-2 in Subchapter B, Chapter 36.
5-3 SECTION 14. Subsection (d), Section 35.013, Water Code, is
5-4 amended to read as follows:
5-5 (d) If the board votes to accept the addition of the
5-6 priority groundwater management area to the district, the board:
5-7 (1) may request the Texas Agricultural Extension
5-8 Service, the commission, and the Texas Water Development Board,
5-9 with the cooperation and assistance of the Department of
5-10 Agriculture and other state agencies, to administer an educational
5-11 program to inform the residents of the status of the area's water
5-12 resources and management options including possible annexation into
5-13 a district;
5-14 (2) shall call an election within the priority
5-15 groundwater management area as delineated by the commission to
5-16 determine if the priority groundwater management area will be added
5-17 to the district; and
5-18 (3) shall designate election precincts and polling
5-19 places for the elections in the order calling an election under
5-20 this subsection.
5-21 SECTION 15. The importance of this legislation and the
5-22 crowded condition of the calendars in both houses create an
5-23 emergency and an imperative public necessity that the
5-24 constitutional rule requiring bills to be read on three several
5-25 days in each house be suspended, and this rule is hereby suspended,
5-26 and that this Act take effect and be in force from and after its
5-27 passage, and it is so enacted.
5-28 * * * * *