By Brown S.B. No. 272
76R3931 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regional water planning groups.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 16.053, Water Code, is amended by
1-5 amending Subsection (c) and adding Subsections (l)-(p) to read as
1-6 follows:
1-7 (c) No later than 60 days after the designation of the
1-8 regions under Subsection (b) [of this section], the board shall
1-9 designate representatives within each regional water planning area
1-10 to serve as the initial coordinating body for planning. The
1-11 initial coordinating body may [shall] then designate additional
1-12 representatives to serve on the regional water planning group. The
1-13 initial coordinating body shall designate additional
1-14 representatives if necessary to ensure [,ensuring] adequate
1-15 representation from the interests comprising that region, including
1-16 [but not limited to] the public, counties, municipalities,
1-17 industries, agricultural interests, environmental interests, small
1-18 businesses, electric generating utilities, river authorities, water
1-19 districts, and water utilities. The regional water planning group
1-20 shall maintain adequate representation from those interests.
1-21 (l) A political subdivision may contract with a regional
1-22 water planning group to assist the regional water planning group in
1-23 developing or revising a regional water plan.
1-24 (m) For purposes of Chapter 101, Civil Practice and Remedies
2-1 Code:
2-2 (1) a regional water planning group is a governmental
2-3 unit; and
2-4 (2) an action of a regional water planning group is a
2-5 governmental function.
2-6 (n) An action relating to the development or revision of a
2-7 regional water plan taken by a regional water planning group, a
2-8 representative who serves on the regional water planning group, or
2-9 an employee of a political subdivision that contracts with the
2-10 regional water planning group under Subsection (l) is within the
2-11 course and scope of authority of the regional water planning group.
2-12 (o) A regional water planning group, a representative who
2-13 serves on the regional water planning group, or an employee of a
2-14 political subdivision that contracts with the regional water
2-15 planning group under Subsection (l) is not liable for damages
2-16 arising from the performance of a function of the regional water
2-17 planning group.
2-18 (p) The attorney general shall represent a person described
2-19 by Subsection (o) in a suit arising from the performance of a
2-20 function of a regional water planning group.
2-21 SECTION 2. The changes in law made by Sections
2-22 16.053(m)-(p), Water Code, as added by this Act, apply only to a
2-23 cause of action that accrues on or after the effective date of this
2-24 Act. A cause of action that accrued before the effective date of
2-25 this Act is governed by the law in effect on the date the cause of
2-26 action accrued, and that law is continued in effect for that
2-27 purpose.
3-1 SECTION 3. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended,
3-6 and that this Act take effect and be in force from and after its
3-7 passage, and it is so enacted.