HBA-CBW S.B. 649 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 649
By: Truan
Natural Resources
4/23/2001
Engrossed



BACKGROUND AND PURPOSE 

The Economically Distressed Areas Program (program) provides financial
assistance to furnish water supply and wastewater services to economically
distressed areas which have facilities that are failing  to meet minimal
residential needs.  The program is currently funding systems in some East
Texas counties and in the colonias in the Texas-Mexico border area where
faulty septic systems and pit privies have been causing sanitation
problems.  The Texas Natural Resource Conservation Commission evaluates
water systems for financial, managerial, and technical capacity. Concerns
have arisen regarding the quality of training offered to operators of water
systems who participate in the program.  Senate Bill 649 requires the Texas
Water Development Board to require an operating entity of a political
subdivision that applies for financial assistance to complete a training
program.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Water Development Board in
SECTION 1 (Section 17.992, Water Code) and the Texas Natural Resource
Conservation Commission in SECTION 1 (Section 17.993, Water Code) of this
bill. 

ANALYSIS

Senate Bill 649 amends the Water Code to require Texas Water Development
Board (board) by rule to require the operating entity of a political
subdivision that applies for financial assistance to complete a training
program approved by the board (Sec. 17.992).  The bill authorizes the Texas
Natural Resource Conservation Commission (TNRCC) or the board to evaluate
whether an operating entity needs training if the operating entity meets
certain criteria.  The bill authorizes the board or TNRCC to determine that
training is necessary if the operating entity's managerial, financial, or
technical capabilities are inadequate to ensure the project will meet
program requirements or remain financially viable.  The bill requires TNRCC
by rule to establish a preenforcement threshold of noncompliance at which
TNRCC is authorized to notify the board that an operating entity needs
training.  The bill provides that the enforcement order must contain a
provision requiring that the operating entity receive training as ordered
by the board if TNRCC assesses a penalty against an operating entity in an
enforcement action and requires TNRCC to notify the board when TNRCC
assesses a penalty against an operating entity (Sec. 17.993).   

The bill requires the board by order to require an operating entity to
undergo appropriate training under certain conditions.  The bill requires
the board to refer the operating entity to an appropriate individual,
association, business organization, or governmental entity for training
required by the order.  The bill sets forth requirements for a person
providing training.  The bill requires a political subdivision to reimburse
a participant in training for reasonable expenses incurred in completing
the training.  Not later than January 15 each year, the bill requires each
person who provides training to report to the board a list of political
subdivisions for which the person provided training during the previous
calendar year (Sec. 17.994). 

EFFECTIVE DATE

September 1, 2001.