HBA-CBW H.B. 2310 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2310 By: Chisum Agriculture & Livestock 3/13/2001 Introduced 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 will 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 immediately notify TNRCC when 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 a forming 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 conservation districts and keep records of financial incentive disbursements made to certain owners of land (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).