HBA-JLV C.S.H.B. 3230 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3230
By: Walker
Agriculture & Livestock
4/10/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The weather modification program helps cities, counties, organizations, and
individuals in the design and implementation of cloud-seeding programs and
provides oversight of weather-modification research. Proper weather
management strategies are vital for the success of agricultural activities
in Texas, where agricultural commodities add about $14 billion to the
state's economy, making agriculture the second largest industry in Texas.
Currently, all aspects of the weather modification program are under the
control of and administered by the Texas Natural Resource Conservation
Commission (TNRCC).  C.S.H.B. 3230  transfers the authority of the weather
modification program from TNRCC to the Texas Department Licensing and
Regulation and establishes a weather modification and control grant program 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Licensing and
Regulation in ARTICLE 1 (SECTIONS 1.11, 1.32, 1.41, 1.64,  and 3.07) and to
the Department of Agriculture in ARTICLE 2 (Section 20.004, Agriculture
Code) of this bill. 

ANALYSIS

C.S.H.B. 3230 amends law to transfer the authority of the weather
modification program from the Texas Natural Resource Conservation
Commission (TNRCC) to the Texas Department of Licensing and Regulation
(department) (SECTION 3.07).  The bill sets forth the powers and duties of
the department and authorizes the department to adopt rules necessary to
exercise the powers and duties under these provisions (SECTIONS 1.11-1.20).
The bill sets forth permitting and licensing requirements relating to
weather modification (SECTIONS 1.31-1.48).  The bill provides that the fact
that a person holds a permit issued by the department does not relieve that
person from liability for the violation of the provisions or rules adopted
(SECTION 1.53).  The bill sets forth the procedures and criteria for the
revocation and suspension of permits and licenses (SECTIONS 1.61-1.72).
The bill provides for the immunity of the state, its officers, and
employees from liability for all weather modification and control
activities conducted by private persons and groups (SECTION 1.71).   

The bill provides that these provisions do not affect private legal
relationships, except that an operation conducted under the license and
permit requirements is not an ultra hazardous activity which makes the
participants subject to liability without fault.  The bill provides that
the fact that a person holds a license or permit or that the person has
complied with these provisions or regulations is not admissible as evidence
in any legal proceedings brought against the person (SECTION 1.72). 

The bill amends the Agriculture Code to establish a weather modification
and control grant program (grant program) under the authority of the
Department of Agriculture (TDA).  TDA is required to develop and administer
a program awarding matching grants to political subdivisions of this state
for weather modification and control.  The bill authorizes TDA to adopt
rules enter into contracts with public or private entities to assist TDA in
the administration or evaluation of the grant program or to conduct
research relating to the effectiveness of weather modification and control
activities.  The bill authorizes TDA to solicit and accept gifts, grants,
and other donations from any source to administer the grant program (Secs.
20.001-20.006). 

The bill amends the Water Code to delete references relating to weather
modification programs and repeal the Weather Modification Act (Secs. 5.013,
7.052, 7.102, 7.302, 7.303, 7.144, and Chapter 18). 

The bill sets forth provisions regarding the transfer of authority over the
weather modification program from TNRCC to the department (SECTION 3.07). 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3230 modifies the original to transfer the authority of the
weather modification program from the Texas Natural Resource Conservation
Commission to the Texas Department of Licensing and Regulation, rather than
the Department of Agriculture. 

The substitute amends the Agriculture Code to establish a weather
modification and control grant program under the authority of the
Department of Agriculture  (Secs. 20.001-20.006). 

The substitute modifies the original to remove procedures and criteria for
handling violations and administrative, civil, and criminal penalties for
such violations (Secs. 20.051-20.074, 20.081-20.89, and 20.041-20.105)