HBA-NMO C.S.H.B. 2660 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2660
By: Swinford
Natural Resources
4/21/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law requires the division of emergency management of the office of
the governor to coordinate a state drought response plan.  While this plan
focuses on drought crisis management, the number and severity of droughts
in recent years may warrant the development of a plan that focuses on risk
management.  C.S.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.  

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 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 a representative of
the Texas Forest Service, a representative from the Texas Department of
Transportation, a representative of the Texas Department of Economic
Development, and a representative of the Texas Alliance of Groundwater
Districts.  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 the 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.

SECTION 2.  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 3.Emergency clause.
  Effective date: upon passage. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in SECTION 1, which amends Section
16.055(a)  (Drought Response Plan), Water Code, in Subsection (a), by
providing that the state drought manager is responsible for managing and
coordinating the drought response component, rather than the drought
planning and response component, of the state water plan.  Modifies
Subsection (b) by including in the composition of the drought preparedness
council (council) a representative of the Texas Alliance of Groundwater
Districts.  Modifies Subsection (c) by deleting the proposed language that
requires the governor to designate to the council a representative from at
least one statewide organization representing agriculture interests, and
representatives from other parties or groups  affected by the drought as
the governor considers appropriate. 

The substitute differs from the original in SECTION 2, which adds Section
16.0551 (State Drought Preparedness Plan), in Subsection (a), by requiring
the state preparedness council, rather than state drought manager, 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.  Modifies Subsection (b) by
setting forth the required components of the plan, rather than requiring
that the plan have as its primary components certain monitoring, assessment
of impact, and response activities.  Further modifies Subsection (b) by
deleting language that requires the plan to propose long-term solutions and
specific, detailed action plans for drought response activities. Deletes
proposes Subsection (c), which requires that the plan recognize the
importance of local and regional drought planning and to assess the
vulnerability of specific groups and regions to drought. Makes conforming
changes. 

Deletes SECTION 3 of the original, which amends Sections 17.895(a) and (b),
Water Code, relating to conservation loans. 

Redesignates SECTION 4 (emergency clause) of the original as SECTION 3.