HBA-NMO H.B. 2660 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2660 By: Swinford Natural Resources 8/10/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, state law required the division of emergency management of the office of the governor to coordinate a state drought response plan. While this plan focused on drought crisis management, the number and severity of droughts in recent years may have warranted the development of a plan that focuses on risk management. H.B. 2660 amends the drought response plan to specify a state drought manager and make other organizational and procedural changes. This bill also establishes a state drought preparedness plan, and includes the Texas Department of Agriculture among those state entities responsible for state drought planning and preparation. 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 Section 15.4061(h), Water Code, to require the Texas Water Development Board (board) to require that regional water plans developed or revised under contracts entered into under this section be made available to the Texas Department of Agriculture (TDA), in addition to the Texas Natural Resource Conservation Commission (TNRCC) and the Texas Parks and Wildlife Department (TPWD). SECTION 2. Amends Section 15.7031(c), Water Code, to authorize the TDA to provide input to TNRCC, as appropriate, during the review and approval process for dedication of water rights. SECTION 3. Amends Subsections (c) and (j), Section 16.012, Water Code, to authorize TDA to provide advice to the executive administrator of the board (executive administrator), where appropriate, regarding any of the duties to be performed under Subsection (b). Subsection (b) relates to the requirements of the executive administrator with regard to studies, investigations, and surveys. Makes a conforming change. SECTION 4. Amends Section 16.051(d), Water Code, to require the board to review and update the guidance principles, with input from TNRCC, TDA, and TPWD, as necessary, but at least every five years to coincide with the five-year cycle for adoption of a new water plan as described in Subsection (a). Makes a conforming change. SECTION 5. Amends Section 16.053(c), Water Code, to authorize, rather than require, the initial coordinating body to designate additional representatives to serve on the regional water planning group. Requires the initial coordinating body to designate addtional representatives if necessary to ensure adequate representation from the interests comprising that region. Requires the regional water planning group to maintain adequate representation from those interests. Requires representatives of the board, TPWD, and TDA to serve as ex officio members of each regional water planning group. SECTION 6. Amends Section 16.054(a), Water Code, to authorize TDA to provide input and assistance, as appropriate, for certain planning. SECTION 7. Amends Section 16.055, Water Code, as follows: Sec. 16.055. DROUGHT RESPONSE PLAN. (a) Specifies that the coordinator of the division of emergency management of the office of the governor is the state drought manager (manager), responsible for managing and coordinating the drought response component of the state water plan. (b) Requires the drought preparedness council (council), rather than the drought response and monitoring committee, to carry out the provisions of this section. Adds to the composition of the council one representative from each of the following entities: the Texas Department of Housing and Community Affairs, the Texas Forest Service, the Texas Department of Transportation, the Texas Department of Economic Development; and a representative of groundwater management interests who is appointed by the governor. Makes a conforming change. (c) Makes a conforming change. (d) Requires the manager to serve as chair of the council. Makes conforming changes. (e) Adds to the responsibilities of the council reporting to the legislature, not later than January 15 of each odd-numbered year, regarding significant drought conditions in the state. (f) Makes conforming changes. (g) Requires the county, immediately upon the declaration of a state of disaster in a county due to drought conditions, to publish notice of the declaration in one or more newspapers having general circulation in the county, and to give notice of the declaration to certain persons and entities. (h) Requires each person or entity notified according to Subsection (g) to immediately implement the person's or entity's water conservation plan or drought contingency plan. (i) Provides that nothing in this section prevents a political subdivision or a person or entity required to develop a water conservation plan or a drought contingency plan from implementing water conservation measures. SECTION 8. Amends Subchapter C, Chapter 16, Water Code, by adding Section 16.0551, as follows: Sec. 16.0551. STATE DROUGHT PREPAREDNESS PLAN. (a) Requires the drought preparedness council to develop and implement a comprehensive state drought preparedness plan (plan) for mitigating the effects of drought in this state and requires the council to periodically update the plan. Requires that the plan be separate from the state water plan. (b) Sets forth the required components of the plan. (c) Requires the manager to use existing resources to develop an information and communications network to forecast and inform interested parties and the public of the potential for drought. SECTION 9. Amends Section 17.895, Water Code, by adding Subsection (d), as follows: (d) Authorizes the board or lender districts, for the purposed of this section (Conservation Loans), to seek the advice of TDA, regarding the feasibility of a project for which a conservation loan is sought. SECTION 10. Amends Section 26.121(a), Water Code, to make a conforming change. SECTION 11. Amends Section 26.127, Water Code, to authorize the executive director of TNRCC (executive director), on behalf of and with the consent of TNRCC, to enter into contracts or other agreements with TDA for purposes of obtaining laboratory services for water quality testing. SECTION 12. Amends Section 35.007(e), Water Code, to authorize TDA to provide input to the executive director for purposes of a certain report. SECTION 13. Amends Section 35.012(d), Water Code, to make a conforming change. SECTION 14. Amends Section 35.013(d), Water Code, to make conforming changes. SECTION 15.Emergency clause. Effective date: upon passage.