HBA-NMO H.B. 2660 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2660
By: Swinford
Natural Resources
8/10/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, state law required the division of emergency
management of the office of the governor to coordinate a state drought
response plan.  While this plan focused on drought crisis management, the
number and severity of droughts in recent years may have warranted the
development of a plan that focuses on risk management.  H.B. 2660 amends
the drought response plan to specify a state drought manager and make other
organizational and procedural changes.  This bill also establishes a state
drought preparedness plan, and includes the Texas Department of Agriculture
among those state entities responsible for state drought planning and
preparation. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 15.4061(h), Water Code, to require the Texas
Water Development Board (board) to require that regional water plans
developed or revised under contracts entered into under this section be
made available to the Texas Department of Agriculture (TDA), in addition to
the Texas Natural Resource Conservation Commission (TNRCC) and the Texas
Parks and Wildlife Department (TPWD). 

SECTION 2.  Amends Section 15.7031(c), Water Code, to authorize the TDA to
provide input to TNRCC, as appropriate, during the review and approval
process for dedication of water rights. 

SECTION 3.  Amends Subsections (c) and (j), Section 16.012, Water Code, to
authorize TDA to provide advice to the executive administrator of the board
(executive administrator), where appropriate, regarding any of the duties
to be performed under Subsection (b).  Subsection (b) relates to the
requirements of the executive administrator with regard to studies,
investigations, and surveys. Makes a conforming change. 

SECTION 4.  Amends Section 16.051(d), Water Code, to require the board to
review and update the guidance principles, with input from TNRCC, TDA, and
TPWD, as necessary, but at least every five years to coincide with the
five-year cycle for adoption of a new water plan as described in Subsection
(a).  Makes a conforming change. 

SECTION 5.  Amends Section 16.053(c), Water Code, to authorize, rather than
require, the initial coordinating body to designate additional
representatives to serve on the regional water planning group.  Requires
the initial coordinating body to designate addtional representatives if
necessary to ensure adequate representation from the interests comprising
that region.  Requires the regional water planning group to maintain
adequate representation from those interests.  Requires representatives of
the board, TPWD, and TDA to serve as ex officio members of each regional
water planning group. 

SECTION 6.  Amends Section 16.054(a), Water Code, to authorize TDA to
provide input and assistance, as appropriate, for certain planning.  

 SECTION 7.  Amends Section 16.055, Water Code, as follows:

Sec. 16.055.  DROUGHT RESPONSE PLAN.  (a) Specifies that the coordinator of
the division of emergency management of the office of the governor is the
state drought manager (manager), responsible for managing and coordinating
the drought response component of the state water plan.   

(b) Requires the drought preparedness council (council), rather than the
drought response and monitoring committee, to carry out the provisions of
this section.  Adds to the composition of the council one representative
from each of the following entities: the Texas Department of Housing and
Community Affairs, the Texas Forest Service, the Texas Department of
Transportation, the Texas Department of Economic Development; and a
representative of groundwater management interests who is appointed by the
governor.  Makes a conforming change. 

(c) Makes a conforming change.

(d) Requires the manager to serve as chair of the council. Makes conforming
changes.   

(e) Adds to the responsibilities of the council reporting to the
legislature, not later than January 15 of each odd-numbered year, regarding
significant drought conditions in the state.   

(f) Makes conforming changes.

(g) Requires the county, immediately upon the declaration of a state of
disaster in a county due to drought conditions, to publish notice of the
declaration in one or more newspapers having general circulation in the
county, and to give notice of the declaration to certain persons and
entities. 

(h) Requires each person or entity notified according to Subsection (g) to
immediately implement the person's or entity's water conservation plan or
drought contingency plan. 

(i) Provides that nothing in this section prevents a political subdivision
or a person or entity required to develop a water conservation plan or a
drought contingency plan from implementing water conservation measures. 

SECTION 8.  Amends Subchapter C, Chapter 16, Water Code, by adding Section
16.0551, as follows: 

Sec. 16.0551.  STATE DROUGHT PREPAREDNESS PLAN.  (a) Requires the drought
preparedness council to develop and implement a comprehensive state drought
preparedness plan (plan) for mitigating the effects of drought in this
state and requires the council to periodically update the plan.  Requires
that the plan be separate from the state water plan. 

(b) Sets forth the required components of the plan.

(c) Requires the manager to use existing resources to develop an
information and communications network to forecast and inform interested
parties and the public of the potential for drought.  

SECTION 9.  Amends Section 17.895, Water Code, by adding Subsection (d), as
follows: 

(d) Authorizes the board or lender districts, for the purposed of this
section (Conservation Loans), to seek the advice of TDA, regarding the
feasibility of a project for which a conservation loan is sought. 

SECTION 10.  Amends Section 26.121(a), Water Code, to make a conforming
change. 

 SECTION 11.  Amends Section 26.127, Water Code, to authorize the executive
director of TNRCC (executive director), on behalf of and with the consent
of TNRCC, to enter into contracts or other agreements with TDA for purposes
of obtaining laboratory services for water quality testing. 

SECTION 12.  Amends Section 35.007(e), Water Code, to authorize TDA to
provide input to the executive director for purposes of a certain report. 

SECTION 13.  Amends Section 35.012(d), Water Code, to make a conforming
change. 

SECTION 14.  Amends Section 35.013(d), Water Code, to make conforming
changes. 

SECTION 15.Emergency clause.
  Effective date: upon passage.