HBA-NMO H.B. 2561 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2561
By: Gray
Natural Resources
4/5/99
Introduced



BACKGROUND AND PURPOSE 

In 1987, Congress created the National Estuary Program, which designates
estuaries of national significance throughout the country.  Texas has
federally designated estuaries near Galveston and Corpus Christi.  However,
current state law does not provide for a state estuary program.  H.B. 2561
establishes a grant program administered by the Texas Natural Resource
Conservation Commission to provide state and federal funds for the
implementation of estuary conservation and management plans by nationally
recognized estuaries. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 5, Water Code, by adding Subchapter M, as
follows: 

SUBCHAPTER M.  ESTUARY MANAGEMENT PLANS

Sec. 5.551.  DEFINITIONS.  Defines "approved implementation plan,"
"approved comprehensive conservation and management plan," "implementing
agency," and "National Estuary Program." 

Sec. 5.552.  RECOGNITION OF NATIONAL SIGNIFICANCE OF ESTUARIES OF TEXAS
COAST.  Sets forth state recognition of national significance of estuaries
of Texas Coast. 

Sec. 5.553.  FINDING OF BENEFIT AND PUBLIC PURPOSE.  Sets forth legislative
findings. 

Sec. 5.554.  LEAD STATE AGENCY.  Provides that the Texas Natural Resource
Conservation Commission (TNRCC) is the lead state agency for the
implementation of approved comprehensive conservation and management plans
(plans) developed under the National Estuary Program.  Authorizes TNRCC to
accept federal grants for purposes of this Act and to award grants and
enter into contracts with an implementing agency for the implementation of
approved plans under this subchapter. 

Sec. 5.555.  STATE AGENCY PARTICIPATION.  Requires the General Land Office,
Parks and Wildlife Department, Texas Department of Transportation, Railroad
Commission of Texas, State Soil and Water Conservation Board, Texas Water
Development Board, and Texas Department of Health to participate and
provide assistance to the estuary programs in implementing approved plans.
Authorizes other state agencies to participate as necessary or convenient. 

Sec. 5.556.  ESTUARY PROGRAM OFFICES.  Requires that the estuary program
office of any estuary of the state included in the National Estuary Program
and for which TNRCC is the implementing agency be maintained in the region
of the estuary involved. 
 
Sec. 5.557.  IMPLEMENTATION FUNDING.  Provides that funding for the
implementation of approved plans is to be shared by the state, local
governments in the area of the estuaries, the federal government, and other
participants. 

Sec. 5.558.  ELIGIBILITY FOR STATE FUNDING.  Provides that a plan is
eligible for state funding to assist in the implementation of the plan if
the estuary involved has been designated jointly by the governor and the
U.S. Environmental Protection Agency as an estuary of national significance
and the plan has been completed and approved. 

Sec. 5.559.  ADMINISTRATION.  Authorizes TNRCC and any state agency
designated as an implementing agency for an approved plan to accept and
make grants and enter into contracts to accomplish the actions identified
in the approved plan and to further the purposes of this subchapter. 

SECTION 2.Emergency clause.
  Effective date: upon passage.