By Turner of Coleman H.B. No. 3349
76R7440 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the brush control program administered by the State
1-3 Soil and Water Conservation Board.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading to Subchapter E, Chapter 203,
1-6 Agriculture Code, is amended to read as follows:
1-7 SUBCHAPTER E. FINANCIAL ASSISTANCE [COST SHARING] FOR BRUSH CONTROL
1-8 SECTION 2. Subchapter C, Chapter 203, Agriculture Code, is
1-9 amended by adding Section 203.0515 to read as follows:
1-10 Sec. 203.0515. USE OF WATERSHED STUDIES. In administering
1-11 this chapter, the board shall consider the findings and
1-12 recommendations of available watershed studies, including the North
1-13 Concho watershed study, that are conducted by or with the
1-14 participation of state or local government.
1-15 SECTION 3. Section 203.053, Agriculture Code, is amended by
1-16 adding Subsection (c) to read as follows:
1-17 (c) The board shall designate the following areas as
1-18 critical areas with the most critical water conservation needs
1-19 until the board determines that the areas are no longer in critical
1-20 need of water conservation efforts provided by this chapter:
1-21 (1) the Edwards Aquifer recharge zone;
1-22 (2) the Nueces River basin; and
1-23 (3) the North Concho River basin.
1-24 SECTION 4. Section 203.055(b), Agriculture Code, is amended
2-1 to read as follows:
2-2 (b) The board may approve a method for use under [the
2-3 cost-sharing program provided by] Subchapter E of this chapter if
2-4 the board finds that the proposed method:
2-5 (1) has proven to be an effective and efficient method
2-6 for controlling brush;
2-7 (2) is cost efficient;
2-8 (3) will have a beneficial impact on the wildlife
2-9 habitat;
2-10 (4) will maintain topsoil to prevent erosion or
2-11 silting of any river or stream; and
2-12 (5) will allow the revegetation of the area after the
2-13 brush is removed with plants that are beneficial to livestock and
2-14 wildlife.
2-15 SECTION 5. Subchapter C, Chapter 203, Agriculture Code, is
2-16 amended by adding Sections 203.0555 and 203.057 to read as follows:
2-17 Sec. 203.0555. CRITERIA FOR PROJECTS. The board, in
2-18 consultation with the Texas Water Development Board, shall:
2-19 (1) develop criteria for evaluating brush control
2-20 projects under this chapter, including consideration of water flow
2-21 into aquifer supplies, the rehabilitation of grasslands to support
2-22 livestock and native species, enhancement of endangered species
2-23 habitat, and consideration of any other concerns of landowners
2-24 participating in a project;
2-25 (2) provide guidance to each person participating in
2-26 the financial assistance program under Subchapter E regarding the
2-27 person's rights and responsibilities concerning the use of water
3-1 conserved or otherwise affected by projects under this chapter,
3-2 including water storage and pumping limitations; and
3-3 (3) develop and collect data on each brush control
3-4 project for use in administering this chapter.
3-5 Sec. 203.057. FEDERAL FUNDS. The board shall take any
3-6 action necessary to obtain for the brush control program under this
3-7 chapter any available funds from federal assistance programs,
3-8 including the Environmental Quality Incentives Program, as long as
3-9 acceptance of the federal funds does not include conditions that
3-10 adversely affect the brush control program.
3-11 SECTION 6. Section 203.102, Agriculture Code, is amended to
3-12 read as follows:
3-13 Sec. 203.102. PROVIDE INFORMATION RELATING TO PROGRAM. The
3-14 board shall prepare and distribute information to each district
3-15 relating generally to the brush control program and concerning the
3-16 procedures for preparing, filing, and obtaining approval of an
3-17 application for financial assistance [cost sharing] under
3-18 Subchapter E of this chapter.
3-19 SECTION 7. Section 203.103(a), Agriculture Code, is amended
3-20 to read as follows:
3-21 (a) Each district may accept for transmission to the board
3-22 applications for financial assistance [cost sharing] under
3-23 Subchapter E of this chapter and may examine and assist the
3-24 applicant in assembling the application in proper form before the
3-25 application is submitted to the board.
3-26 SECTION 8. Section 203.104(c), Agriculture Code, is amended
3-27 to read as follows:
4-1 (c) The board may direct a district to manage any problem
4-2 that arises under a financial assistance [cost-sharing] contract
4-3 for a brush control project in that district and to report to the
4-4 board.
4-5 SECTION 9. Sections 203.151-203.153, 203.155-203.157, and
4-6 203.159-203.161, Agriculture Code, are amended to read as follows:
4-7 Sec. 203.151. CREATION OF FINANCIAL ASSISTANCE
4-8 [COST-SHARING] PROGRAM. As part of the brush control program, a
4-9 financial assistance [cost-sharing] program is created to be
4-10 administered under this chapter and rules adopted by the board.
4-11 Sec. 203.152. BRUSH CONTROL FUND. (a) The brush control
4-12 fund is a special account [fund] created in the State Treasury to
4-13 be used as provided by this subchapter.
4-14 (b) The brush control fund consists of legislative
4-15 appropriations, money transferred to that fund from other funds by
4-16 law, appropriate federal assistance funds, and other money required
4-17 by law to be deposited in the brush control fund.
4-18 Sec. 203.153. USE OF MONEY IN BRUSH CONTROL FUND. Money
4-19 deposited to the credit of the brush control fund shall be used by
4-20 the board to provide financial assistance for [the state's share of
4-21 the cost of] brush control projects approved under this subchapter
4-22 and other necessary expenditures as provided by the General
4-23 Appropriations Act.
4-24 Sec. 203.155. LIMIT TO CRITICAL AREAS AND APPROVED METHODS.
4-25 Financial assistance [Cost sharing] under this subchapter is
4-26 available only for projects that:
4-27 (1) are implemented in critical areas as designated by
5-1 the board; and
5-2 (2) use a method of brush control approved under
5-3 Section 203.055 of this code.
5-4 Sec. 203.156. APPLICATION FOR FINANCIAL ASSISTANCE [COST
5-5 SHARING]. A person who desires to receive financial assistance for
5-6 [participate with the state in] a brush control project [and to
5-7 obtain cost-sharing participation by the state] shall file an
5-8 application with the district board in the district in which the
5-9 land on which the project is to be accomplished is located. The
5-10 application must be in the form provided by board rules.
5-11 Sec. 203.157. CONSIDERATIONS IN PASSING ON APPLICATION. In
5-12 passing on an application for financial assistance [cost sharing],
5-13 the board shall consider:
5-14 (1) whether the project is to be carried out in a
5-15 critical area;
5-16 (2) the method of control that is to be used by the
5-17 project applicant;
5-18 (3) the plans for revegetation;
5-19 (4) the total cost of the project;
5-20 (5) the amount of land to be included in the project;
5-21 (6) whether the applicant for the project is
5-22 financially able to implement [provide his share of the money for]
5-23 the project considering any financial assistance to be provided
5-24 under this subchapter;
5-25 (7) [the cost-share percentage, if an applicant agrees
5-26 to a higher degree of financial commitment;]
5-27 [(8)] any comments and recommendations of the Parks
6-1 and Wildlife Department; and
6-2 (8) [(9)] any other pertinent information considered
6-3 necessary by the board.
6-4 Sec. 203.159. PRIORITY OF PROJECTS. (a) If the demand for
6-5 funds under the brush control [cost-sharing] program is greater
6-6 than funds available, the board may establish priorities favoring
6-7 the areas with the most critical water conservation needs and
6-8 projects that will be most likely to produce substantial water
6-9 conservation.
6-10 (b) [The board shall give more favorable consideration to a
6-11 particular project if the applicants individually or collectively
6-12 agree to increase the percentage share of costs under the
6-13 cost-share arrangement.]
6-14 [(c)] The amount of land dedicated to the project that will
6-15 produce significant water conservation from the eradication of
6-16 brush is a priority.
6-17 Sec. 203.160. CONTRACT FOR FINANCIAL ASSISTANCE [COST
6-18 SHARING]. (a) On approval of an application by the board, the
6-19 board or the governing board of the designated district shall
6-20 negotiate contracts with the successful applicants in the project
6-21 area.
6-22 (b) The board or designated district board shall negotiate a
6-23 contract with the successful applicant subject to:
6-24 (1) the conditions established by the board in
6-25 approving the application;
6-26 (2) any specified instructions provided by the board;
6-27 and
7-1 (3) board rules.
7-2 (c) On completion of the negotiations by the district board,
7-3 it shall submit the proposed contract to the board for approval.
7-4 (d) The board shall examine the contract and if the board
7-5 finds that the contract meets all the conditions of the board's
7-6 resolution, instructions, and rules, it shall approve the contract
7-7 and provide to the individual on completion of the project the
7-8 money that constitutes the state's financial assistance for [share
7-9 of] the project.
7-10 (e) The board may develop guidelines to allow partial
7-11 payment of the financial assistance for [state's share of] a brush
7-12 control project as certain portions or percentages of contracted
7-13 work are completed, but state money may not be provided in advance
7-14 for work remaining to be done.
7-15 Sec. 203.161. ADMINISTRATION OF EXPENDITURES. The district
7-16 board may administer the expenditure of funds received under this
7-17 subchapter [the state's share of the money required by a
7-18 cost-sharing contract] and shall report periodically to the board
7-19 on the expenditure of those funds in the manner required by the
7-20 board.
7-21 SECTION 10. Subchapter E, Chapter 497, Government Code, is
7-22 amended by adding Section 497.0925 to read as follows:
7-23 Sec. 497.0925. BRUSH CONTROL. The department and the State
7-24 Soil and Water Conservation Board may enter into and perform an
7-25 agreement or contract for the use of inmate labor for a brush
7-26 control project under Chapter 203, Agriculture Code.
7-27 SECTION 11. Section 203.154, Agriculture Code, is repealed.
8-1 SECTION 12. (a) This Act takes effect September 1, 1999.
8-2 (b) The change in law made by this Act does not affect a
8-3 contract for cost sharing under Subchapter E, Chapter 203,
8-4 Agriculture Code, approved by the State Soil and Water Conservation
8-5 Board before the effective date of this Act or to payment of the
8-6 state's share of a brush control project under the contract.
8-7 SECTION 13. The importance of this legislation and the
8-8 crowded condition of the calendars in both houses create an
8-9 emergency and an imperative public necessity that the
8-10 constitutional rule requiring bills to be read on three several
8-11 days in each house be suspended, and this rule is hereby suspended.