Amend CSHB 2912 by inserting the following:
Subtitle A, Title 2, Water Code, is amended by adding Chapter
9 to read as follows:
CHAPTER 9. TEXAS WATER ADVISORY COUNCIL
Sec. 9.001. DEFINITION. In this chapter:
(1) "Authority" means an entity listed in Section.
(2) "Board" means the governing body of an authority.
(3) "Commission" means the Texas Natural Resource
Conservation Commission.
(4) "Council" means the Texas Water Advisory Council.
Sec. 9.002. CREATION AND MEMBERSHIP. (a) The council is
composed of 11 members as follows:
(1) the chairman, or a board member designated by the
chairman, of the Texas Water Development Board;
(2) the chairman, or a commissioner designated by the
chairman, of the commission;
(3) the chairman, or a commissioner designated by the
chairman, of the Parks and Wildlife Commission;
(4) the commissioner of agriculture;
(5) the Commissioner of the General Land Office;
(6) two members of the house of representatives
appointed by the speaker of the house of representatives;
(7) one member of the senate appointed by the
lieutenant governor; and
(8) three members of the general public appointed by
the governor.
(b) Council members may not delegate council participation
or council duties to staff.
Sec. 9.003. TERMS. (a) Except for the commissioner of
agriculture, council members who are officials of state agencies
serve terms as determined by the chairman of each agency.
(b) Council members who are members of the general public
serve staggered six-year terms with the term of one member expiring
August 31 of each odd-numbered year.
(c) Council members may be reappointed to serve additional
terms.
(d) A vacancy on the council shall be filled by appointment
by the original appointing authority for the unexpired term.
Sec. 9.004. OFFICERS OF THE COUNCIL. (a) The governor shall
appoint a council member as the chair of the council for a two-year
term expiring May 31 of each even-numbered year.
(b) The council shall have a secretary of the council who
shall serve at the pleasure of the council and be accountable only
to the council.
Sec. 9.005. COUNCIL STAFF. On request by the council, the
commission and the Texas Water Development Board shall provide any
staff other than the secretary of the council necessary to assist
the council in the performance of its duties.
Sec. 9.006. MEETINGS. (a) The council shall meet at least
once in each calendar quarter. Six members shall constitute a
quorum sufficient to conduct meetings and the business of the
council.
(b) The council is subject to Chapters 551 and 2001,
Government Code.
Sec. 9.007. COMPENSATION OF MEMBERS. (a) Members of the
council shall serve without compensation but may be reimbursed by
legislative appropriation for actual and necessary expenses related
to the performance of council duties.
(b) Reimbursements under Subsection (a) shall be subject to
the approval of the chair.
Sec. 9.008. POWERS AND DUTIES OF COUNCIL. (a) The council
shall:
(1) heighten the level of dialogue on significant
water policy issues and, in an advisory role only, strive to
provide focus and guidance on state water policy initiatives
including:
(A) promoting flexibility and incentives for
water desalination, brush control, regionalization, weather
modification projects, and public-private partnerships relating to
water projects;
(B) promoting adequate financing for surface
water and groundwater projects;
(C) development of water conservation and
drought management projects;
(D) implementation of approved regional and
state water plans;
(E) encouraging commonality of technical data
and information such as joint agency studies, freshwater inflow
recommendations, surface water and groundwater availability models,
and instream flow recommendations developed by the Parks and
Wildlife Department, the commission, and the Texas Water
Development Board; and
(F) encouraging the use of supplemental
environmental projects for water infrastructure needs and enhancing
the aquatic environment and habitat in enforcement proceedings at a
state agency or political subdivision
(2) encourage the enhancement and coordination of
state, interstate, and international efforts to improve
environmental quality and living conditions along the Texas-Mexico
border;
(3) coordinate a unified state position on federal and
international water issues; and
(4) advise the Texas Water Development Board on
developing criteria based on need for prioritizing the funding of
projects in the state water plan.
(b) The council may not:
(1) promulgate rules;
(2) regulate water use, water quality, or any other
aspect of water resource management;
(3) plan or construct water resource projects, or have
such projects planned or constructed;
(4) grant or loan any funds for the construction of
water resource projects;
(5) establish water resource management standards or
otherwise usurp the authority of or infringe upon the duties,
responsibilities, or powers of local, regional, or state water
management entities, including groundwater districts, river
authorities and compacts, regional water planning groups, or member
agencies of the council; or
(6) consider or discuss any specific permit or project
or recommendation for a project.
Sec. 9.009. REPORT. Not later than December 1 of each
even-numbered year, the council shall submit a report to governor,
lieutenant governor, and speaker of the house of representatives
and to the senate and house standing committees with primary
responsibility over water resource management and financing. The
report shall include findings of the council made in the periodic
reviews of authorities during the preceding two-year period and any
other findings and recommendations the council considers necessary.
Sec. 9.010. REVIEW OF AUTHORITIES. (a) On a five-year
cycle, the council shall review authorities based on the
administrative policies provided by Section 9.012 and performance
standards described in Section 9.011. The reviews shall be
conducted of groups described in Subsection (b), with group 1 being
reviewed at the council's first quarterly meeting of the five-year
period and group 2 being reviewed at the council's third quarterly
meeting of the period. The council shall continue in numerical
order to review one group at every other quarterly meeting until
all ten groups have been reviewed and then shall recommence the
cycle.
(b) Authorities shall be reviewed under Subsection (a) in
the following groups:
(1) in group 1, Northeast Texas Municipal Water
District, Titus County Fresh Water Supply District No. 1, and
Franklin County Water District;
(2) in group 2, Angelina and Neches River Authority,
Lower Neches Valley Authority, Sabine River Authority, and Upper
Neches River Municipal Water Authority;
(3) in group 3, Red River Authority of Texas, Sulphur
River Municipal Water District, and Sulphur River Basin Authority;
(4) in group 4, San Jacinto River Authority, Gulf
Coast Water Authority, and North Harris County Regional Water
Authority;
(5) in group 5, North Texas Municipal Water District,
Tarrant Regional Water District, Trinity River Authority of Texas,
and Dallas County Utility and Reclamation District;
(6) in group 6, Brazos River Authority, West Central
Texas Municipal Water District, and North Central Texas Municipal
Water Authority;
(7) in group 7, Guadalupe-Blanco River Authority,
Lavaca-Navidad River Authority, Lower Colorado River Authority, and
Upper Guadalupe River Authority;
(8) in group 8, Nueces River Authority, San Antonio
River Authority, and Bexar-Medina-Atascosa Counties Water Control
and Improvement District No. 1;
(9) in group 9, Colorado River Municipal Water
District, Central Colorado River Authority, and Upper Colorado
River Authority; and
(10) in group 10, Canadian River Municipal Water
Authority, Mackenzie Municipal Water Authority, and White River
Municipal Water District.
(c) The council may not review an authority under this
section more than once every five years. The council may, however,
request an authority that has been reviewed to provide follow-up
information on any specific item or issue raised during the initial
review.
(d) The council, on request by an authority, may modify the
review schedule in order to have the flexibility in scheduling the
review, if needed, to be more responsive to particular
circumstances, changing conditions, or time-sensitive conflicts.
Sec. 9.011. PERFORMANCE STANDARDS. (a) Before its five-year
review under Section 9.010, the authority shall report to the
council a self-assessment of its performance associated with the
following:
(1) how the authority is achieving its stated mission
and goals, including an identification of any barriers that exist
in achieving the mission and goals;
(2) how the authority is providing service to its
customers, including mechanisms the authority provides to encourage
input from the public and its customers;
(3) how the authority is addressing issues raised by
its most recent management audit, including its administrative
policies; and
(4) the authority's role in the regional water
planning process.
(b) The authority's report to the council under this section
shall include recommendations related to:
(1) any interregional issues the authority has
identified as problematic and any potential solutions to those
issues; and
(2) solutions to any barriers the authority determines
are interfering with the successful implementation of the approved
regional water plan or state water plan.
Sec. 9.012. ADMINISTRATIVE POLICIES FOR AUTHORITIES. The
commission shall expand the applicability of its rules under 30
T.A.C. Chapter 292 to include all the authorities subject to this
title. The commission shall provide the council with copies of the
most recent information provided by each authority in accordance
with its administrative rules.
Sec. 9.013. GIFTS AND GRANTS. The council may accept gifts
and grants from any source to carry out the purposes of this
chapter. The use of gifts and grants other than legislative
appropriations is subject only to limitations contained in the gift
or grant.
Sec. 9.014. FUNDING. (a) The interagency water policy
account is a special account in the general revenue fund.
(b) The interagency water policy account consists of
legislative appropriations, gifts and grants received under Section
9.013, and other money required by law to be deposited in the
account.
(c) Funds in the interagency water policy account may be
used only as provided by this chapter.
Sec. 9.015. CONTINUING RIGHT OF SUPERVISION. Nothing in this
chapter shall affect the continuing right of supervision over
authorities by the commission as provided by Section 12.081.
Sec. 9.016. PUBLIC PARTICIPATION. The council shall
encourage public input to the council in the exercise of its powers
and duties as specified in Section 9.008, its preparation of the
report described in Section 9.009, and its review of authorities
under Sections 9.010 and 9.011.
Sec. 9.017. APPLICATION OF OTHER LAWS. Nothing in this
chapter is intended to extend provisions of the Government Code,
the Local Government Code, or other law to a river authority or
water district to which such provisions do not otherwise apply.