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A BILL TO BE ENTITLED
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AN ACT
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relating to the functions of the Texas Water Development Board and |
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continuation and functions of the State Water Implementation Fund |
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for Texas Advisory Committee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6.013, Water Code, is amended to read as |
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follows: |
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Sec. 6.013. SUNSET PROVISION. The Texas Water Development |
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Board is subject to review under Chapter 325, Government Code |
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(Texas Sunset Act), but is not abolished under that chapter. The |
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board shall be reviewed during the period in which state agencies |
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abolished in 2035 [2023] and every 12th year after 2035 [2023] are |
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reviewed. |
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SECTION 2. Section 6.062, Water Code, is amended by |
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amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the law governing [legislation that created the] |
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board operations; |
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(2) the programs, functions, rules, and budget of |
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[operated by] the board; |
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(3) the scope of and limitations on the rulemaking |
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authority [role and functions] of the board; |
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(4) [the rules of the board, with an emphasis on the |
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rules that relate to disciplinary and investigatory authority; |
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[(5) the current budget for the board; |
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[(6)] the results of the most recent formal audit of |
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the board; |
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(5) [(7)] the requirements of: |
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(A) laws relating to [the] open meetings, [law, |
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Chapter 551, Government Code; |
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[(B) the] public information, [law, Chapter 552, |
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Government Code; |
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[(C) the] administrative procedure, [law, |
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Chapter 2001, Government Code;] and disclosing conflicts of |
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interest; and |
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(B) [(D)] other laws applicable to members of a |
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state policy-making body in performing their duties [relating to |
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public officials, including conflict of interest laws]; and |
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(6) [(8)] any applicable ethics policies adopted by |
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the board or the Texas Ethics Commission. |
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(d) The executive administrator shall create a training |
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manual that includes the information required by Subsection (b). |
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The executive administrator shall distribute a copy of the training |
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manual annually to each member of the board. Each member of the |
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board shall sign and submit to the executive administrator a |
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statement acknowledging that the member received and reviewed the |
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training manual. |
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SECTION 3. Section 15.438(k), Water Code, is amended to |
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read as follows: |
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(k) The advisory committee is subject to Chapter 325, |
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Government Code (Texas Sunset Act). Unless continued in existence |
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as provided by that chapter, the advisory committee is abolished |
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and this section expires September 1, 2035 [2023]. |
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SECTION 4. Subchapter C, Chapter 16, Water Code, is amended |
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by adding Section 16.0511 to read as follows: |
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Sec. 16.0511. FEASIBILITY REVIEW OF CERTAIN PROJECTS IN |
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STATE WATER PLAN. (a) Not later than January 5, 2027, and before |
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the end of each successive five-year period after that date, the |
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executive administrator shall evaluate the feasibility of certain |
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projects under the state water plan, including: |
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(1) projects the board has prioritized for funding; |
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(2) projects involving: |
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(A) reservoirs; |
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(B) interstate water transfers; |
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(C) innovative technology projects; and |
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(D) desalination plants; and |
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(3) other large projects as determined by the board. |
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(b) In conducting the feasibility review, the executive |
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administrator shall analyze for each project: |
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(1) the implementation timeline; |
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(2) associated costs; |
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(3) land acquisition considerations; and |
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(4) the economic impact. |
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SECTION 5. Section 16.053, Water Code, is amended by adding |
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Subsection (e-2) to read as follows: |
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(e-2) A regional water planning group may plan for drought |
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conditions worse than the drought of record when developing a |
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regional water plan under Subsection (e). |
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SECTION 6. Subchapter E, Chapter 16, Water Code, is amended |
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by adding Section 16.147 to read as follows: |
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Sec. 16.147. ESTABLISHMENT OF CERTAIN PERFORMANCE GOALS AND |
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METRICS. (a) The board shall develop and implement performance |
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goals and performance metrics as part of a comprehensive evaluation |
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of the board's review of proposed projects for compliance with |
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programmatic and design requirements. |
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(b) The board shall periodically: |
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(1) collect data regarding the performance metrics; |
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(2) analyze the data described by Subdivision (1) |
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related to the performance metrics to identify relevant trends; and |
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(3) use the performance metrics to assess the board's |
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progress toward meeting the board's performance goals. |
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(c) The board shall periodically review the performance |
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goals and performance metrics to assess the effectiveness and |
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efficiency of the board's review of proposed projects. |
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(d) The executive administrator shall periodically update |
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the board on the implementation and analysis of the performance |
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metrics and progress toward performance goals. |
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(e) The board shall develop and implement periodic |
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reporting schedules for all performance goals and performance |
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metrics required under this section. |
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SECTION 7. Section 17.276, Water Code, is amended by adding |
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Subsections (d-1), (d-2), and (d-3) to read as follows: |
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(d-1) The board by rule may adopt procedures allowing the |
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use of different standards of review and approval of design |
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criteria for plans and specifications for sewerage collection, |
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treatment, and disposal systems. |
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(d-2) In establishing the appropriate standard of review |
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and approval for plans and specifications under Subsection (d-1), |
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the rules must require an individualized assessment that applies |
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risk-based considerations to each project associated with the plans |
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and specifications, including: |
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(1) any potential financial risk associated with the |
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project; |
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(2) any risk to public health associated with the |
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project; or |
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(3) other relevant financial considerations |
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associated with the project. |
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(d-3) For plans and specifications subject to a limited |
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standard of review and approval under Subsection (d-1), the board |
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shall require the registered professional engineer who submitted |
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the plans and specifications to make a finding that: |
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(1) the plans and specifications are in substantial |
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compliance with standards established by the commission; and |
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(2) any deviation from the standards established by |
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the commission is based on the best professional judgment of the |
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registered professional engineer. |
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SECTION 8. The following provisions of the Water Code are |
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repealed: |
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(1) Section 15.108; |
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(2) Section 15.218; and |
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(3) Section 15.3061. |
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SECTION 9. The changes in law made by this Act to Chapter |
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17, Water Code, apply only to an application submitted to the Texas |
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Water Development Board on or after the effective date of this Act. |
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An application submitted to the Texas Water Development Board |
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before the effective date of this Act is governed by the law in |
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effect at the time the application was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2023. |