By Brown                                               S.B. No. 272
         76R3931 SMH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to regional water planning groups.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 16.053, Water Code, is amended by
 1-5     amending Subsection (c) and adding Subsections (l)-(p) to read as
 1-6     follows:
 1-7           (c)  No later than 60 days after the designation of the
 1-8     regions under Subsection (b) [of this section], the board shall
 1-9     designate representatives within each regional water planning area
1-10     to serve as the initial coordinating body for planning.  The
1-11     initial coordinating body may [shall] then designate additional
1-12     representatives to serve on the regional water planning group.  The
1-13     initial coordinating body shall designate additional
1-14     representatives if necessary to ensure [,ensuring] adequate
1-15     representation from the interests comprising that region, including
1-16     [but not limited to] the public, counties, municipalities,
1-17     industries, agricultural interests, environmental interests, small
1-18     businesses, electric generating utilities, river authorities, water
1-19     districts, and water utilities.  The regional water planning group
1-20     shall maintain adequate representation from those interests.
1-21           (l)  A political subdivision may contract with a regional
1-22     water planning group to assist the regional water planning group in
1-23     developing or revising a regional water plan.
1-24           (m)  For purposes of Chapter 101, Civil Practice and Remedies
 2-1     Code:
 2-2                 (1)  a regional water planning group is a governmental
 2-3     unit; and
 2-4                 (2)  an action of a regional water planning group is a
 2-5     governmental function.
 2-6           (n)  An action relating to the development or revision of a
 2-7     regional water plan taken by a regional water planning group, a
 2-8     representative who serves on the regional water planning group, or
 2-9     an employee of a political subdivision that contracts with the
2-10     regional water planning group under Subsection (l) is within the
2-11     course and scope of authority of the regional water planning group.
2-12           (o)  A regional water planning group, a representative who
2-13     serves on the regional water planning group, or an employee of a
2-14     political subdivision that contracts with the regional water
2-15     planning group under Subsection (l) is not liable for damages
2-16     arising from the performance of a function of the regional water
2-17     planning group.
2-18           (p)  The attorney general shall represent a person described
2-19     by Subsection (o) in a suit arising from the performance of a
2-20     function of a regional water planning group.
2-21           SECTION 2.  The changes in law made by Sections
2-22     16.053(m)-(p), Water Code, as added by this Act, apply only to a
2-23     cause of action that accrues on or after the effective date of this
2-24     Act.  A cause of action that accrued before the effective date of
2-25     this Act is governed by the law in effect on the date the cause of
2-26     action accrued, and that law is continued in effect for that
2-27     purpose.
 3-1           SECTION 3.  The importance of this legislation and the
 3-2     crowded condition of the calendars in both houses create an
 3-3     emergency and an imperative public necessity that the
 3-4     constitutional rule requiring bills to be read on three several
 3-5     days in each house be suspended, and this rule is hereby suspended,
 3-6     and that this Act take effect and be in force from and after its
 3-7     passage, and it is so enacted.