75R12920 E
By Gallego H.B. No. 3387
Substitute the following for H.B. No. 3387:
By Walker C.S.H.B. No. 3387
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the duties and operations of a watermaster's office,
1-3 reimbursement of the Texas Natural Resource Conservation Commission
1-4 for the compensation and necessary expenses of a watermaster's
1-5 office, and creation of the watermaster fund.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 11.326, Water Code, is amended to read as
1-8 follows:
1-9 Sec. 11.326. Appointment of Watermaster. (a) The executive
1-10 director may appoint one watermaster for each water division.
1-11 (b) A watermaster holds office until a successor is
1-12 appointed. The executive director may remove a watermaster at any
1-13 time.
1-14 (c) The executive director may employ assistant watermasters
1-15 and other employees necessary to aid a watermaster in the discharge
1-16 of his duties.
1-17 (d) In a water division in which the office of watermaster
1-18 is vacant, the executive director has the powers of a watermaster.
1-19 (e) The executive director shall supervise and generally
1-20 direct the watermaster in the performance of his duties as defined
1-21 in Section 11.327. A watermaster is responsible to the executive
1-22 director for the proper performance of his duties.
1-23 (f) A person dissatisfied with any action of a watermaster
1-24 may apply to the executive director for relief.
2-1 SECTION 2. Subchapter G, Chapter 11, Water Code, is amended
2-2 by adding Section 11.3261 to read as follows:
2-3 Sec. 11.3261. WATERMASTER ADVISORY COMMITTEE. (a) The
2-4 executive director shall establish a watermaster advisory committee
2-5 consisting of a minimum of nine members, but no more than 15
2-6 members, who are holders of water rights or representatives of
2-7 holders of water rights in the water division of a watermaster. In
2-8 appointing members of the advisory committee the executive director
2-9 shall consider geographic representation, amount of water rights
2-10 held, different types of holders of water rights and users such as
2-11 water districts, municipal suppliers, irrigators, and industrial
2-12 users, and experience and knowledge in water management practices.
2-13 (b) An advisory committee member is not entitled to
2-14 reimbursement of expenses incurred or to compensation.
2-15 (c) An advisory committee member shall serve a term of two
2-16 years from the date of initial appointment by the executive
2-17 director and hold office until a successor is appointed.
2-18 (d) The advisory committee shall meet within 30 days
2-19 following initial appointment by the executive director and elect a
2-20 presiding officer who shall serve on an annual basis. Following
2-21 the first meeting, the committee shall meet regularly as necessary.
2-22 (e) The advisory committee's duties include:
2-23 (1) providing recommendations to the executive
2-24 director regarding activities of benefit to the holders of water
2-25 rights in the administration and distribution of water to holders
2-26 of water rights;
2-27 (2) review and comment to the executive director on
3-1 the annual budget of the watermaster operations; and
3-2 (3) other duties as may be requested by the executive
3-3 director with regard to the watermaster operations or as requested
3-4 by holders of water rights in a water division which the committee
3-5 deems of benefit to the administration of water rights in water
3-6 divisions.
3-7 SECTION 3. Section 11.327, Water Code, is amended to read as
3-8 follows:
3-9 Sec. 11.327. DUTIES OF WATERMASTER. (a) A watermaster
3-10 shall divide the water of the streams or other sources of supply of
3-11 his division in accordance with the adjudicated water rights.
3-12 (b) A watermaster shall regulate or cause to be regulated
3-13 the controlling works of reservoirs and diversion works in time of
3-14 water shortage, as is necessary because of the rights existing in
3-15 the streams of his division, or as is necessary to prevent the
3-16 waste of water or its diversion, taking, storage, or use in excess
3-17 of the quantities to which the holders of water rights are lawfully
3-18 entitled.
3-19 (c) A watermaster may regulate the distribution of water
3-20 from any system of works that serves users whose rights have been
3-21 separately determined.
3-22 (d) A watermaster's duties shall not include activities
3-23 which relate to other programs of the commission, except in
3-24 situations of imminent threat to public health and safety or the
3-25 environment.
3-26 SECTION 4. Section 11.329, Water Code, is amended to read as
3-27 follows:
4-1 Sec. 11.329. Compensation and Expenses of Watermaster.
4-2 (a) The commission shall pay the compensation and necessary
4-3 expenses of a watermaster, assistant watermasters, and other
4-4 necessary employees, but the holders of water rights that have been
4-5 determined or adjudicated and are to be administered by the
4-6 watermaster shall reimburse the commission for the compensation and
4-7 expenses. Necessary expenses shall be limited to [may include]
4-8 costs associated with streamflow measurement and monitoring, water
4-9 accounting, assessment billing and collection associated with a
4-10 watermaster's operation, and [any] other duties a watermaster may
4-11 be required to perform under this subchapter.
4-12 (b) After the adjudication decree becomes final, and each
4-13 fiscal year thereafter, the executive director shall provide notice
4-14 to [notify] each holder of water rights under the decree, at least
4-15 30 days prior to the commission's holding a public hearing as
4-16 provided in Subsection (c), of the proposed budget for their
4-17 watermaster operations showing the amount of compensation and
4-18 expenses that will be required annually for the administration of
4-19 the water rights so determined. This budget shall be furnished to
4-20 the watermaster advisory committee for comment at least 30 days
4-21 prior to notification to each holder of water rights.
4-22 (c) The commission shall hold a public hearing on the
4-23 proposed fiscal year budget for each watermaster operation. The
4-24 commission shall [to] determine the apportionment of the costs of
4-25 administration of adjudicated water rights among the holders of the
4-26 rights. After a public hearing, the commission shall issue an
4-27 order assessing the annual cost against the holders of water rights
5-1 to whom the water will be distributed under the final decree. The
5-2 commission shall equitably apportion the costs. The executive
5-3 director may provide for payments in installments and shall specify
5-4 the dates by which payments shall be made to the commission. At
5-5 the request of the watermaster advisory committee the commission
5-6 may modify a fiscal year budget for any water division.
5-7 (d) The executive director shall collect the assessments and
5-8 shall account for assessments separately for each water division
5-9 and shall deposit assessments collected to a special fund known as
5-10 the watermaster fund established and governed by Section 11.3291
5-11 [transmit all collections under this section to the State
5-12 Treasurer].
5-13 (e) No water shall be diverted, taken, or stored by, or
5-14 delivered to, any person while he is delinquent in the payment of
5-15 his assessed costs.
5-16 (f) An order of the commission assessing costs remains in
5-17 effect until the commission issues a further order. The commission
5-18 may modify, revoke, or supersede an order assessing costs with a
5-19 subsequent order. The commission may issue supplementary orders
5-20 from time to time to apply to new diversions.
5-21 SECTION 5. Subchapter G, Chapter 11, Water Code, is amended
5-22 by adding Section 11.3291 to read as follows:
5-23 Sec. 11.3291. WATERMASTER FUND. (a) The watermaster fund
5-24 is created as a special fund in the state treasury and shall be
5-25 administered by the commission under this subchapter and rules
5-26 adopted by the commission.
5-27 (b) The legislature hereby appropriates without further
6-1 legislative action any funds deposited in the watermaster's fund as
6-2 provided in this subchapter. The watermaster fund shall be used:
6-3 (1) to pay the compensation and expenses of the watermaster in each
6-4 water division; (2) to pay expenditures for equipment, facilities,
6-5 and capital expenditures necessary to the watermaster operation
6-6 when recommended by the watermaster advisory committee and the
6-7 executive director and approved by the commission when hearings are
6-8 required as provided in Section 11.329; and (3) to pay into the
6-9 general revenue fund for use without further appropriation for
6-10 purposes of providing overhead and administrative expenses of the
6-11 commission in an amount not greater than 10 percent times the
6-12 approved annual budget under this subchapter in a water division.
6-13 Any amounts not used in one fiscal year shall be carried over and
6-14 used for the following fiscal year's operational expenses of the
6-15 watermaster.
6-16 (c) The watermaster fund shall be accounted for separately
6-17 according to the appropriate water division from which the
6-18 watermaster's assessment is collected.
6-19 (d) The watermaster fund shall consist of:
6-20 (1) fees collected in each water division;
6-21 (2) money from gifts, grants, or donations to the fund
6-22 for designated or general lawful use; and
6-23 (3) money from any other source designated by the
6-24 legislature or the commission.
6-25 (e) The commission may invest, reinvest, and direct the
6-26 investment of any available money in the fund as provided by law
6-27 for the investment of money under Section 404.024, Government Code.
7-1 SECTION 6. This Act takes effect September 1, 1997.
7-2 SECTION 7. The importance of this legislation and the
7-3 crowded condition of the calendars in both houses create an
7-4 emergency and an imperative public necessity that the
7-5 constitutional rule requiring bills to be read on three several
7-6 days in each house be suspended, and this rule is hereby suspended.