DME H.B. 1808 75(R)BILL ANALYSIS


AGRICULTURE & LIVESTOCK
H.B. 1808
By: Counts
3-18-97
Committee Report (Unamended)



BACKGROUND 

Water quality management plans or conservation plans are established by
landowners and tenants in cooperation with the Texas State Soil and Water
Conservation Board (state board) and/or local soil and water conservation
districts (conservation districts). In an effort to conserve natural
resources, these plans are voluntary and are established in a
non-regulatory manner. There are instances where landowners or tenants are
hesitant to enter into a water quality management plan or conservation
plan due to their accessibility through the Open Records Act. This
accessibility may lend to a sense of vulnerability concerning private
property rights. 

PURPOSE

This legislation would create Section 201.006, Agriculture Code, such that
water quality management plans or conservation plans developed between
land owners or tenants and the state board and/or local conservation
district are not subject to the Open Records Act. 
  
RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Creates Section 201.006, Agriculture Code, which specifies as
an exception to disclosure under the Open Records Act information
collected by the state board or conservation district for a water quality
management plan or other conservation plans. Specifies guidelines for the
collection of information and to whom and how the information may be
released. Establishes that the state board or conservation district,
including officers, employees or agents, is not liable for damage caused
by a violation of Section 201.006. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.