SRC-C.S.S.B. 649 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 649
77R2214 QS-FBy: Truan
Natural Resources
2/21/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, operators of water systems are required to be certified to
ensure human health and safety and environmental protection. Additionally,
the Texas Natural Resource Conservation Commission (TNRCC) evaluates water
systems regarding their financial, managerial and technical capacity.
Current training and certification does not address financial or managerial
issues. As proposed, C.S.S.B. 649 requires training for applicants for and
recipients of financial assistance from the economically distressed areas
program. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Water Development
Board in SECTION 1 (Section 17.992, Water Code) and to the Texas Natural
Resource Conservation Commission in SECTION 1 (Section 17.993, Water Code)
of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 17, Water Code, by adding Subchapter M, as
follows: 

SUBCHAPTER M. REQUIRED TRAINING FOR APPLICANTS FOR AND RECIPIENTS OF
ECONOMICALLY DISTRESSED AREAS PROGRAM FINANCIAL ASSISTANCE 

 Sec. 17.991. DEFINITIONS. Defines "operating entity" and "political
subdivision." 

Sec. 17.992. TRAINING FOR APPLICANTS. Requires the Texas Water Development
Board (board) by rule to require the operating entity of a political
subdivision that applies for financial assistance under Subchapter K to
complete a training program approved by the board. 

Sec. 17.993. TRAINING FOR OPERATING ENTITIES. Authorizes the Texas Natural
Resources Conservation Commission (commission) or the board to evaluate
whether an operating entity needs training if the operating entity meets
certain criteria. Authorizes the board or the commission to determine that
training is necessary if, after an examination and evaluation of the
operating entity's managerial, financial, and technical capabilities, the
board or commission finds that the operating entity's managerial,
financial, or technical capabilities are inadequate to ensure the project
will meet program requirements or remain financially viable. Requires the
commission by rule to establish a preenforcement threshold of noncompliance
at which the commission is authorized to notify the board that an operating
entity needs training. Requires the enforcement order, if the commission
assesses a penalty against an operating entity in an enforcement action, to
contain a provision requiring that the operating entity receive training as
ordered by the board. Requires the commission to notify the board when the
commission assesses a penalty against an operating entity. 

Sec. 17.994. TRAINING REQUIREMENTS. Requires the board to require an
operating entity to undergo appropriate training if the board receives
certain information. Requires the  board to refer the operating entity to
certain entities for training required by the order. Requires the person
providing the training to conduct an assessment of the operating entity for
which the training is ordered, determine who needs training, and devise a
training program to address the deficiencies identified in the assessment.
Requires the person providing the training to present a proposed training
program to the board for approval. Requires the person, if the training
program is approved by the board, to conduct the required training.
Requires the person who provided the training, on completion of the
training, to issue a certificate of completion to the participants in the
training and to the board. Requires a political subdivision to reimburse a
participant in training for reasonable expenses incurred in completing the
training. Requires each person who provided training under this section,
not later than January 15 of each year, to report to the board a list of
political subdivisions for which the person provided training required
under this section during the previous calender year. 

SECTION 2. Amends Section 17.927(b), Water Code, to require the application
and plan to include, on request of the board, a written determination by
the commission on the managerial, financial, and technical capabilities,
rather than capacity, of the applicant to operate the system for which
assistance is being requested. 

SECTION 3. Amends Section 17.930(b), Water Code, to require the board,
after making the considerations provided by Section 17.929 of this code, to
approve the plan and application subject to the requirements identified by
the commission for the applicant to obtain the managerial, financial, and
technical capabilities, rather than capacity, to operate the system and any
other requirements, including training under Subchapter M, the board
considers appropriate. Makes a conforming change. 

SECTION 4. Effective date: September 1, 2001. Provides that Section 17.992,
Water Code, as added by this Act, applies only to an applicant for
financing under Chapter 17K, Water Code, whose application is filed on or
after that date. 


SUMMARY OF COMMITTEE CHANGES

SECTION 1. Amends As Filed S.B. 649, Section 17.994, Water Code, to delete
previously proposed language pertaining to requiring the Texas Water
Development Board to give a preference to state agencies equipped to
provide training. 

SECTION 2. No change.

SECTION 3. No change.

SECTION 4. No change.