SRC-ARR S.B. 272 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 272
76R3931 SMH-DBy: Brown
Natural Resources
2/28/1999
As Filed


DIGEST 

Senate Bill 1 a comprehensive water management plan from the 75th
Legislature, established a statutory framework for regional water planning,
which will result in the next version of the State Water Plan. The Interim
Committee on Water Resources Development and Management monitored the
implementation of S.B.1. Several issues were raised in hearings regarding
the regional water planning group functions, including the scope of
representation of the group, liability of group members, and ability of the
group to enter into contracts with political subdivisions regarding the
development of regional water plans. S.B. 272 would clarify the need for
groups to add and maintain representation for the various interests
required to be included. The bill would further provide the authority for
political subdivisions, through contract, to assist a regional water
planning group in developing or revising a regional water plan and provide
protection from liability along with directing the attorney general to
provide representation to group members. 

PURPOSE

As proposed, S.B. 272 regulates regional water planning groups.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 16.053, Water Code, by amending Subsection (c)
and  adding Subsections (l)-(p), to authorize the initial coordinating body
to designate additional representatives to serve on the regional water
planning group (group). Requires the initial coordinating body to designate
additional representatives if necessary to ensure adequate representation
from the interests comprising that region. Requires the  group to maintain
adequate representation from those interests. Authorizes a political
subdivision to contract with a  group to assist the group in the developing
or revising a regional water plan. Establishes that for the purpose of
Chapter 101, Civil Practice and Remedies Code,  group is a governmental
unit and  an action of the group is a governmental function.  Provides that
an action relating to the development or revision of a regional water plan
taken by a  group, a representative or employee of the group is within the
course and scope of authority of the regional water planning group.
Prohibits a group, representative, or employee of a political subdivision
that contracts with the group from being liable for damages arising from
the performance of a function of the group. Requires  the attorney general
to represent a person described by Subsection (o) in a suit arising from
the performance of a function of a group. 

SECTION 2. Makes application of this Act prospective.

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