SRC-PNG H.B. 3561 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3561
By: Luna, Vilma (Truan)
Natural Resources
5/3/1999
Engrossed


DIGEST 

Currently, under Texas law, the Texas Natural Resource Conservation
Commission (TNRCC) lacks specific authority to enable TNRCC to conduct
certain grant programs with state or federal funds, including federally
funded pass-through grant programs.  These grant programs include the
National Estuary Programs for Corpus Christi and Galveston Bay, programs
within the Office of Pollution Prevention and Recycling, non-point source
grants, and joint grant-funding with other state agencies. This bill would
establish requirements for grant applications, selection for grantees,
funding, and program activities eligible for grants from TNRCC, while
exempting certain grants and grantees from state purchasing and bidding
requirements when these requirements are not appropriate to the particular
grant being offered. 

PURPOSE

As proposed, H.B. 3561 establishes requirements for grant applications,
selection for grantees, funding, and program activities eligible for grants
from Texas Natural Resource Conservation Commission, while exempting
certain grants and grantees from state purchasing and bidding requirements
when these requirements are not appropriate to the particular grant being
offered. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Natural Resource Conservation
Commission in SECTION 1 (Section 5.125(b), Water Code). 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 5D, Water Code, by adding Section 5.125, as
follows: 

Sec.  5.125.  AUTHORITY TO AWARD GRANTS.  (a) Authorizes the executive
director of the Texas Natural Resource Conservation Commission (TNRCC),
with the consent of TNRCC to award grants for any purpose regarding
resource conservation or environmental protection in accordance with this
section. 

(b) Requires TNRCC, by rule, to establish procedures for awarding a grant,
for making any determination related to awarding a grant, and for making
grant payments. 

(c) Requires  each activity funded by a grant to directly relate to a
specified purpose in the grant.  Authorizes a grant to be awarded only for
a purpose consistent with TNRCC's jurisdiction and purposes under law.
Sets forth the programs specifically authorized by this section. 

(d) Authorizes grants to be awarded to any person that meets the
eligibility requirements of the grant.  Requires the executive director to
establish eligibility requirements for each grant appropriate to the
purposes of and activities under the grant and the method of selecting the
recipient. 

(e) Requires the selection of grant recipients to be by solicitation of a
proposal or application except as provided by Subsections (f) and (g).
Authorizes the executive director to specify any selection criteria the
executive director considers relevant to the grant.  Sets forth
requirements of the selection criteria. 

(f) Sets forth the conditions under which a grant is authorized to be made
by direct award. 

(g) Provides that the executive director is not required to make an
additional solicitation for entering into a pass-through grant with an
identified partner, if a solicitation of a proposal is made for the purpose
of identifying a partner for a joint application for a federal grant that
is subsequently awarded to TNRCC. 

(h) Requires the executive director to publish information regarding a
solicitation related to a grant to be awarded under this section on TNRCC's
electronic business daily in the manner provided by Section 2155.074,
Government Code. 

(i) Authorizes TNRCC to use certain money appropriated for grant-making
purposes for grants awarded under this section. 

SECTION 2. Makes application of this Act prospective.  Authorizes TNRCC to
award a grant which is pending on the effective date of this Act. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.