HBA-MSH, CBW H.B. 2310 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2310
By: Chisum
Agriculture & Livestock
7/18/2001
Enrolled



BACKGROUND AND PURPOSE 

The State Soil and Water Conservation Board (board) works with agricultural
landowners to protect the state's soil and water resources through
voluntary, nonregulatory programs.  The board does so by defining the
state's management plan for abating nonpoint source pollution from
agricultural and forestry operations and by providing technical assistance
and financial incentives to farmers who establish water quality management
plans as well as ranchers participating in a pilot brush control project. 

The board is subject to the Texas Sunset Act and was to be abolished on
September 1, 2001 unless continued by the legislature.  The Sunset Advisory
Commission recommended continuation of the agency, along with several
statutory modifications.  House Bill  2310 provides for the continuation of
the board and requires the board to establish certain goals regarding the
abatement of nonpoint source pollution. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill  2310 amends the Agriculture Code to provide for the
continuation of the State Soil and Water Conservation Board (board) until
September 1, 2013 (Sec. 201.025). The bill requires the board to establish
goals, including the setting of priorities among voluntary efforts to
reduce nonpoint source pollution, assisting landowners, and providing the
agricultural community information regarding the jurisdictions of the board
and the Texas Natural Resource Conservation Commission (TNRCC) related to
nonpoint source pollution (Sec. 201.026). 

The bill requires the board to notify TNRCC  not later than the 10th
business day after the date the board decertifies a water quality
management plan for an animal feeding operation and update the board's
identification of priority areas for the control of nonpoint source
pollution at least every four years. The bill sets forth provisions
regarding the considerations of the board for changes to identified
priority areas (Sec. 201.026). The bill requires the board to maintain
detailed records about each board referral of an agricultural or
silvicultural operation to TNRCC for enforcement, including information
regarding final disposition by TNRCC (Sec. 201.027). 

The bill sets forth provisions regarding the election of directors to the
board of a soil and water conservation district (conservation district)
(Sec. 201.073).  The bill requires the board to make certain considerations
regarding the allocation of funds to owners of land in priority areas and
keep records of financial incentive disbursements made to such land owners
(Sec. 201.303).   

The bill requires the executive director or the executive director's
designee to provide to board employees information and training on the
benefits and methods of participating in the state employee incentive
program (Sec. 201.0192). 

 
The bill sets forth standard Sunset Advisory Commission recommendations
regarding conflicts of interest, member training, member removal, standards
of conduct, the development of an equal employment policy, and the
maintaining of written complaints (Secs. 201.0141, 201.0142, 201.0151,
201.019, 201.0191, and 201.0231). 

EFFECTIVE DATE

September 1, 2001.  Provisions regarding the election of directors apply
only to an election of directors of a soil and water conservation district
required to be held in 2002 or a subsequent year (SECTION 15).