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


Senate Research CenterC.S.S.B. 272
76R6632 SMH-DBy: Brown
Natural Resources
3/3/1999
Committee Report (Substituted)


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. C.S.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, C.S.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)-(o), 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. Provides that a cause of action does not
accrue against a group, a representative who serves on the group, or an
employee of a political subdivision that contracts with the group under
Subsection (l) for an act or omission in the course and scope of the
person's work relating to the group.  Prohibits a group, a representative
who serves on the group, or an employee of a political subdivision that
contracts with the group under Subsection (l) from being liable for damages
that may arise from an act or omission in the course and scope of the
person's work relating to the group. Requires the attorney general, on
request, to represent a group, a representative who serves on the group, or
an employee of a political subdivision that contracts with the group under
Subsection (l) in a suit arising from an act or omission relating to the
group. 

SECTION 2. Makes application of this Act prospective.

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





 SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 16.053, Water Code, by amending Subsections (m)-(o), to
provide that a cause of action does not accrue against a group, a
representative who serves on the group, or an employee of a political
subdivision that contracts with the group under Subsection (l) for an act
or omission in the course and scope of the person's work relating to the
group. Provides that a group, a representative who serves on the group, or
an employee of a political subdivision that contracts with the group under
Subsection (l) is not liable for damages that may arise from an act or
omission in the course and scope of the person's work relating to the
group. Requires the attorney general, on request, to represent a group, a
representative who serves on the group, or an employee of a political
subdivision that contracts with the group under Subsection (l) in a suit
arising from an act or omission relating to the group. Deletes references
in Subsection (m), to Chapter 101, Civil Practice and Remedies Code, a
governmental unit and a governmental function. Deletes text in Subsection
(n), regarding an action relating to the development or revision of a
regional water plan taken by a  group, a representative or employee of the
group within the course and scope of authority of the regional water
planning group.  Deletes text in Subsection (o), regarding a group,
representative, or employee of a political subdivision that contracts with
the group not being liable for damages arising from the performance of a
function of the group. Deletes Subsection (p), requiring the attorney
general to represent a person described by Subsection (o) in a suit arising
from the performance of a function of a group.