HBA-GUM S.B. 897 76(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 897
By: Brown
Natural Resources
4/19/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, Texas law authorizes the Texas Water Development Board (TWDB) to
loan funds for brush control and weather modification projects.  However,
this authority is limited to certain applicants including soil and water
conservation districts and the authorities and districts which operate
under Section 52(b) (Loan of State's credit or grant of public money for
toll road purposes), Article III, or Section 59 (Conservation and
development of natural resources; conservation and reclamation districts),
Article XVI, Texas Constitution.  The law does not authorize TWDB to loan
funds to cities. S.B. 897 redefines "borrower district" and "lender
district" by including any political subdivision of the state thus allowing
TWDB to loan funds for brush control and weather modification projects to
any political subdivision.  This bill sets forth the applicability of
Section 17.895 (Conservation Loans), Water Code and deletes existing text
in that section redesignated to Section 17.8955 (Conservation Loans for
Brush Control and Precipitation), Water Code. 

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 Sections 17.871(2) and (6), Water Code, to redefine
"borrower district" and "lender district." 

SECTION 2.  Amends Subchapter J, Chapter 17, Water Code, by amending
Section 17.895 and adding Section 17.8955, as follows: 

Sec. 17.895.  CONSERVATION LOANS.  (a)  Provides that this section applies
only to a conservation loan from a lender district that is a soil and water
conservation district under Chapter 201 (Soil and Water Conservation),
Agriculture Code, an underground water conservation district created under
Section 59 (Conservation and development of natural resources; conservation
and reclamation districts), Article XVI, Texas Constitution, or a district
or authority created under Section 52(b)(Loan of State's credit or grant of
public money for toll road purposes)(1), Article III, or Section 59,
Article XVI, Texas Constitution, authorized to supply water for irrigation
purposes; or to a borrower district that is a district or authority created
under Section 52(b) (1) and (2), Article III, or Section 59, Article XVI,
Texas Constitution.   

(b)  Redesignated from existing Subsection (a).  Deletes existing text
redesignated to Section 17.8955.  Makes nonsubstantive changes. 

(c)  Redesignated from existing Subsection (b).  Deletes existing text
stating that conservation loans made to borrower districts are for use on
district facilities.  Makes a conforming change. 

(d)  Redesignated from existing Subsection (c).

Sec. 17.8955.  CONSERVATION LOANS FOR BRUSH CONTROL AND PRECIPITATION
ENHANCEMENT.  (a)  Authorizes The Texas Water Development Board (TWDB) or a
lender district to make a conservation loan for certain specified costs for
preparing and maintaining land to be used for brush control activities, or
implementing precipitation  enhancement activities in certain specified
areas. 

(b)  Authorizes a conservation loan for a purpose listed in Subsection (a)
to be made by a lender district to an individual borrower for use on
private property or by TWDB to a borrower district. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Emergency clause.
  Effective date: upon passage.