By: Perry, et al.  S.B. No. 1424
         (In the Senate - Filed March 2, 2023; March 16, 2023, read
  first time and referred to Committee on Water, Agriculture & Rural
  Affairs; April 4, 2023, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 8, Nays 0;
  April 4, 2023, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1424 By:  Perry
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the continuation and functions of the State Soil and
  Water Conservation Board and the Texas Invasive Species
  Coordinating Committee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 201.0142, Agriculture Code, is amended
  by amending Subsection (b) and adding Subsection (d) to read as
  follows:
         (b)  The training program must provide the person with
  information regarding:
               (1)  the law governing [legislation that created the]
  state board operations;
               (2)  the programs, functions, rules, and budget of
  [operated by] the state board;
               (3)  the scope of and limitations on the rulemaking
  authority [role and functions] of the state board;
               (4)  [the rules of the state board, with an emphasis on
  the rules that relate to disciplinary and investigatory authority;
               [(5)  the current budget for the state board;
               [(6)]  the results of the most recent formal audit of
  the state board;
               (5) [(7)]  the requirements of:
                     (A)  laws relating to [the] open meetings, [law,
  Chapter 551, Government Code;
                     [(B)  the] public information, [law, Chapter 552,
  Government Code;
                     [(C)  the] administrative procedure, and
  disclosing conflicts of interest [law, Chapter 2001, Government
  Code]; and
                     (B) [(D)]  other laws applicable to members of a
  state policy-making body in performing their duties [relating to
  public officials, including conflict-of-interest laws]; and
               (6) [(8)]  any applicable ethics policies adopted by
  the state board or the Texas Ethics Commission.
         (d)  The executive director shall create a training manual
  that includes the information required by Subsection (b). The
  executive director shall distribute a copy of the training manual
  annually to each member of the state board.  Each member of the
  state board shall sign and submit to the executive director a
  statement acknowledging that the member received and has reviewed
  the training manual.
         SECTION 2.  Section 201.019(i), Agriculture Code, is amended
  to read as follows:
         (i)  The state board [agency] shall develop and implement
  policies that [which] clearly separate the policy-making
  [respective] responsibilities of the state board and the management
  responsibilities of the executive director and the staff of the
  state board.
         SECTION 3.  Sections 201.0231(a) and (c), Agriculture Code,
  are amended to read as follows:
         (a)  The state board shall maintain a [central database of
  complaints filed with state board offices and a] system to promptly
  and efficiently act on complaints [a complaint] filed with the [a]
  state board [office].  The state board shall maintain information
  about parties to the complaint, the subject matter of the
  complaint, a summary of the results of the review or investigation
  of the complaint, and its disposition.
         (c)  The state board shall periodically notify the complaint
  parties [to the complaint] of the status of the complaint until
  final disposition unless the notice would jeopardize an
  investigation.
         SECTION 4.  Subchapter B, Chapter 201, Agriculture Code, is
  amended by adding Section 201.0226 to read as follows:
         Sec. 201.0226.  DAM STRUCTURAL REPAIR GRANT PROGRAM. (a)  
  The state board shall develop and implement a program to provide
  grants for the structural repair and maintenance of flood control
  dams.
         (b)  With input from stakeholders, the state board shall:
               (1)  establish goals, criteria, and metrics for the
  grant program; and
               (2)  assess the need for funding the structural repair
  and maintenance of flood control dams throughout this state,
  including the number of projects a grant sponsor can complete each
  year.
         (c)  In adopting rules or policies for the grant program, the
  state board shall:
               (1)  ensure any local matching fund requirement adopted
  by the state board accounts for the financial capacity of the grant
  sponsor; and
               (2)  consider dams that are classified as high-hazard
  by the Texas Commission on Environmental Quality.
         (d)  The state board shall ensure guidance documents for the
  grant program, including the 10-year dam repair, rehabilitation,
  and maintenance plan adopted under Section 201.0227, are consistent
  with the goals, criteria, and metrics established under Subsection
  (b).
         SECTION 5.  Section 201.0227, Agriculture Code, is amended
  by adding Subsection (f) to read as follows:
         (f)  The state board shall consider the timelines for grant
  applications for the dam structural repair grant program under
  Section 201.0226 when preparing and adopting a plan under this
  section.
         SECTION 6.  Section 201.025, Agriculture Code, is amended to
  read as follows:
         Sec. 201.025.  SUNSET PROVISION.  The State Soil and Water
  Conservation Board is subject to Chapter 325, Government Code
  (Texas Sunset Act).  Unless continued in existence as provided by
  that chapter, the state board is abolished [and this chapter
  expires] September 1, 2035 [2023].
         SECTION 7.  Section 776.004, Government Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The committee shall:
               (1)  [serve as a catalyst for cooperation between state
  agencies in the area of invasive species control;
               [(2)  facilitate governmental efforts, including
  efforts of local governments and special districts, to prevent and
  manage invasive species;
               [(3)  make recommendations to state agencies regarding
  research, technology transfer, and management actions related to
  invasive species control;
               [(4)]  facilitate the exchange of information so that
  each member agency is informed of committee plans, recommendations,
  and proposals for research, education, and implementation of
  activities to:
                     (A)  prevent, detect, assess, monitor, contain,
  and control or eradicate invasive species; and
                     (B)  reduce environmental and economic threats
  and threats to human health from invasive species; and
               (2) [(5)]  provide a forum for developing coordinated
  interagency strategies and policies for invasive species control[;
               [(6)  provide technical information and input to
  regional and national invasive species control coordination
  efforts, including the National Invasive Species Management Plan;
               [(7)  facilitate the review of committee technical
  decisions and work product by specialists and interested persons;
  and
               [(8)  report as needed to the governor, lieutenant
  governor, and speaker of the house of representatives on committee
  plans, work product, and accomplishments].
         (a-1)  The committee may:
               (1)  serve as a catalyst for cooperation between state
  agencies in the area of invasive species control;
               (2)  facilitate governmental efforts, including
  efforts of local governments and special districts, to prevent and
  manage invasive species;
               (3)  make recommendations to state agencies regarding
  research, technology transfer, and management actions related to
  invasive species control;
               (4)  provide technical information and input to
  regional and national invasive species control coordination
  efforts, including the National Invasive Species Management Plan;
               (5)  facilitate the review of committee technical
  decisions and work product by specialists and interested persons;
  and
               (6)  report as needed to the governor, lieutenant
  governor, and speaker of the house of representatives on committee
  plans, work product, and accomplishments.
         SECTION 8.  Chapter 776, Government Code, is amended by
  adding Section 776.0051 to read as follows:
         Sec. 776.0051.  MEETINGS. (a)  The committee shall meet at
  least annually at the call of the committee chair or the State Soil
  and Water Conservation Board's representative on the committee.
         (b)  The State Soil and Water Conservation Board shall ensure
  the committee meets at least annually.
         SECTION 9.  Section 776.007, Government Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  The committee is subject to Chapter 325 (Texas Sunset
  Act).  [Unless continued in existence as provided by that chapter,
  the committee is abolished and this chapter expires September 1,
  2023.]
         (c)  The committee shall be reviewed during each period in
  which the State Soil and Water Conservation Board is reviewed.
         SECTION 10.  Section 776.006(b), Government Code, is
  repealed.
         SECTION 11.  (a)  Except as provided by Subsection (b) of
  this section, Section 201.0142, Agriculture Code, as amended by
  this Act, applies to a member of the State Soil and Water
  Conservation Board appointed before, on, or after the effective
  date of this Act.
         (b)  A member of the State Soil and Water Conservation Board
  who, before the effective date of this Act, completed the training
  program required by Section 201.0142, Agriculture Code, as that law
  existed before the effective date of this Act, is only required to
  complete additional training on the subjects added by this Act to
  the training program required by Section 201.0142, Agriculture
  Code.  A member described by this subsection may not vote,
  deliberate, or be counted as a member in attendance at a meeting of
  the State Soil and Water Conservation Board held on or after
  December 1, 2023, until the member completes the additional
  training.
         SECTION 12.  (a)  For purposes of Section 201.025,
  Agriculture Code, as amended by this Act, the Sunset Advisory
  Commission shall conduct a limited-scope review of the State Soil
  and Water Conservation Board for the 90th Legislature.
         (b)  In conducting the limited-scope review under this
  section, the Sunset Advisory Commission staff evaluation and report
  must be limited to reviewing the State Soil and Water Conservation
  Board's dam structural repair grant program.
         (c)  The Sunset Advisory Commission's recommendations to the
  90th Legislature may include any recommendation the commission
  considers appropriate based on the limited-scope review conducted
  under this section.
         SECTION 13.  This Act takes effect September 1, 2023.
 
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