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.