77R10172 JJT-D
By Chisum, Swinford, Walker, Bosse, Cook H.B. No. 2310
Substitute the following for H.B. No. 2310:
By Swinford C.S.H.B. No. 2310
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the State Soil and
1-3 Water Conservation Board and to the election of directors of local
1-4 soil and water conservation districts.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 201.004(a), Agriculture Code, is amended
1-7 to read as follows:
1-8 (a) If this chapter requires that notice of a hearing or an
1-9 election be given, the entity responsible for giving notice shall:
1-10 (1) publish notice at least twice, with an interval of
1-11 at least seven days between the publication dates, in a newspaper
1-12 or other publication of general circulation within the appropriate
1-13 area; and [or]
1-14 (2) post notice for at least two weeks at a reasonable
1-15 number of conspicuous places within the appropriate area,
1-16 including, if possible, public places where it is customary to post
1-17 notices concerning county or municipal affairs generally.
1-18 SECTION 2. Section 201.0141, Agriculture Code, is amended to
1-19 read as follows:
1-20 Sec. 201.0141. INELIGIBILITY TO SERVE ON BOARD;
1-21 INELIGIBILITY FOR CERTAIN POSITIONS. (a) In this section, "Texas
1-22 trade association" means a cooperative and voluntarily joined
1-23 association of business or professional competitors in this state
1-24 designed to assist its members and its industry or profession in
2-1 dealing with mutual business or professional problems and in
2-2 promoting their common interest.
2-3 (b) A person may not be [serve as] a member of the state
2-4 board or act as the general counsel to the state board if the
2-5 person is required to register as a lobbyist under Chapter 305,
2-6 Government Code, because [by virtue] of the person's activities for
2-7 compensation [in or] on behalf of a profession related to the
2-8 operation of the state board.
2-9 (c) [(b)] A person may not be [serve as] a member of the
2-10 state board and may not [or] be a state board [an] employee
2-11 employed in a "bona fide executive, administrative, or professional
2-12 capacity," as that phrase is used for purposes of establishing an
2-13 exemption to the overtime provisions of the federal Fair Labor
2-14 Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and its
2-15 subsequent amendments, if:
2-16 (1) the person is an officer, employee, or paid
2-17 consultant of a Texas trade association whose primary purpose is
2-18 the promotion of soil and water conservation; or
2-19 (2) the person's spouse is an officer, manager, or
2-20 paid consultant of a Texas trade association whose primary purpose
2-21 is the promotion of [the board if the person is an officer,
2-22 employee, or paid consultant of a statewide association whose
2-23 primary purpose is soil and water conservation.]
2-24 [(c) A person may not serve as a member of the state board
2-25 or be an employee of the board of the grade 17 or over, including
2-26 exempt employees, according to the position classification schedule
2-27 under the General Appropriations Act, if the person cohabits with
3-1 or is the spouse of an officer, managerial employee, or paid
3-2 consultant of a statewide association whose primary purpose is]
3-3 soil and water conservation.
3-4 SECTION 3. Subchapter B, Chapter 201, Agriculture Code, is
3-5 amended by adding Section 201.0142 to read as follows:
3-6 Sec. 201.0142. TRAINING PROGRAM FOR MEMBERS OF STATE BOARD.
3-7 (a) A person who is elected and qualifies for office as a member
3-8 of the state board may not vote, deliberate, or be counted as a
3-9 member in attendance at a meeting of the state board until the
3-10 person completes a training program that complies with this
3-11 section.
3-12 (b) The training program must provide the person with
3-13 information regarding:
3-14 (1) the legislation that created the state board;
3-15 (2) the programs operated by the state board;
3-16 (3) the role and functions of the state board;
3-17 (4) the rules of the state board, with an emphasis on
3-18 the rules that relate to disciplinary and investigatory authority;
3-19 (5) the current budget for the state board;
3-20 (6) the results of the most recent formal audit of the
3-21 state board;
3-22 (7) the requirements of:
3-23 (A) the open meetings law, Chapter 551,
3-24 Government Code;
3-25 (B) the public information law, Chapter 552,
3-26 Government Code;
3-27 (C) the administrative procedure law, Chapter
4-1 2001, Government Code; and
4-2 (D) other laws relating to public officials,
4-3 including conflict-of-interest laws; and
4-4 (8) any applicable ethics policies adopted by the
4-5 state board or the Texas Ethics Commission.
4-6 (c) A person elected to the state board is entitled to
4-7 reimbursement, as provided by the General Appropriations Act, for
4-8 the travel expenses incurred in attending the training program,
4-9 regardless of whether attendance at the program occurs before or
4-10 after the person qualifies for office.
4-11 SECTION 4. Section 201.0151, Agriculture Code, is amended to
4-12 read as follows:
4-13 Sec. 201.0151. REMOVAL FROM BOARD. (a) It is a ground for
4-14 removal from the state board that [if] a member:
4-15 (1) does not have at the time of election the
4-16 qualifications required by Subsection (c) of Section 201.013 of
4-17 this code;
4-18 (2) does not maintain during service on the state
4-19 board the qualifications required by Subsection (c) of Section
4-20 201.013 of this code;
4-21 (3) is ineligible for membership under [violates a
4-22 prohibition in] Section 201.0141 of this code;
4-23 (4) cannot, because of illness or disability,
4-24 discharge [is unable to perform] the member's duties for a
4-25 substantial portion of the member's term [for which the member was
4-26 elected because of illness or disability]; or
4-27 (5) is absent from more than half of the regularly
5-1 scheduled state board meetings that [during each calendar year
5-2 which] the member is eligible to attend during a calendar year,
5-3 without an excuse approved [except when the absence is excused] by
5-4 a majority vote of the state board.
5-5 (b) The validity of an action of the state board is not
5-6 affected by the fact that the action was taken when a ground for
5-7 removal of a state board [existed for a] member exists [of the
5-8 board].
5-9 (c) If the executive director has knowledge [knows] that a
5-10 potential ground for removal exists, the executive director shall
5-11 notify the chairman of the state board. The chairman shall then
5-12 notify the governor and the attorney general that a potential
5-13 ground for removal exists. If the potential ground for removal
5-14 involves the chairman, the executive director shall notify the next
5-15 highest ranking officer of the state board, who shall then notify
5-16 the governor and the attorney general that a potential ground for
5-17 removal exists.
5-18 SECTION 5. Section 201.019(f), Agriculture Code, is amended
5-19 to read as follows:
5-20 (f) The executive director or the executive director's
5-21 designee [state board] shall provide to [its] members of the state
5-22 board and state board employees, as often as [is] necessary,
5-23 information regarding the requirements for office or employment
5-24 [their qualifications] under this chapter, including information
5-25 regarding a person's [and their] responsibilities under applicable
5-26 laws relating to standards of conduct for state officers and
5-27 employees.
6-1 SECTION 6. Section 201.0191, Agriculture Code, is amended to
6-2 read as follows:
6-3 Sec. 201.0191. EQUAL OPPORTUNITY EMPLOYMENT. (a) The
6-4 executive director or the executive director's designee shall
6-5 prepare and maintain a written policy statement that implements [to
6-6 assure implementation of] a program of equal employment opportunity
6-7 to ensure that [whereby] all personnel decisions [transactions] are
6-8 made without regard to race, color, disability [handicap], sex,
6-9 religion, age, or national origin.
6-10 (b) The policy statement must include:
6-11 (1) personnel policies, including policies relating to
6-12 recruitment, evaluation, selection, [appointment,] training, and
6-13 promotion of personnel, that show the intent of the state board to
6-14 avoid the unlawful employment practices described by Chapter 21,
6-15 Labor Code; and
6-16 (2) an [a comprehensive] analysis of the extent to
6-17 which the composition of the state board's personnel is in
6-18 accordance with state and [agency's work force that meets] federal
6-19 law and a description of [state guidelines;]
6-20 [(3) procedures by which a determination can be made
6-21 of significant underutilization in the agency's work force of all
6-22 persons of whom federal or state guidelines encourage a more
6-23 equitable balance; and]
6-24 [(4)] reasonable methods to achieve compliance with
6-25 state and [appropriately address areas of significant
6-26 underutilization in the agency's work force of all persons of whom]
6-27 federal law [or state guidelines encourage a more equitable
7-1 balance].
7-2 (c) [(b)] The policy statement must:
7-3 (1) [shall] be filed with the governor's office;
7-4 (2) [before November 1, 1985, cover an annual period,
7-5 and] be updated [at least] annually; and
7-6 (3) be reviewed by the Commission on Human Rights for
7-7 compliance with Subsection (b)(1). [The governor shall develop a
7-8 biennial report to the legislature based on the information
7-9 submitted. The report may be made separately or as a part of other
7-10 biennial reports made to the legislature.]
7-11 SECTION 7. Subchapter B, Chapter 201, Agriculture Code, is
7-12 amended by adding Section 201.0192 to read as follows:
7-13 Sec. 201.0192. STATE EMPLOYEE INCENTIVE INFORMATION. The
7-14 executive director or the executive director's designee shall
7-15 provide to state board employees information and training on the
7-16 benefits and methods of participating in the state employee
7-17 incentive program under Subchapter B, Chapter 2108, Government
7-18 Code.
7-19 SECTION 8. Section 201.023(a), Agriculture Code, is amended
7-20 to read as follows:
7-21 (a) Except as provided by Section 201.081 [201.080 of this
7-22 code], the state board shall deposit all money and securities
7-23 received by it in the state treasury to the credit of a special
7-24 fund known as the state soil conservation fund. That fund shall be
7-25 appropriated to the state board for use in the administration of
7-26 this chapter and is subject to the same care and control while in
7-27 the state treasury as other funds of the state.
8-1 SECTION 9. Section 201.0231, Agriculture Code, is amended to
8-2 read as follows:
8-3 Sec. 201.0231. COMPLAINTS. (a) The state board shall
8-4 maintain a [keep an information] file on [about] each written
8-5 complaint filed with the state board.
8-6 (b) The file must include:
8-7 (1) the name of the person who filed the complaint;
8-8 (2) the date the complaint is received by the state
8-9 board;
8-10 (3) the subject matter of the complaint;
8-11 (4) the name of each person contacted in relation to
8-12 the complaint;
8-13 (5) a summary of the results of the review or
8-14 investigation of the complaint; and
8-15 (6) an explanation of the reason the file was closed,
8-16 if the state board closed the file without taking action other than
8-17 to investigate the complaint.
8-18 (c) The state board shall provide to the person filing the
8-19 complaint and to each person who is a subject of the complaint a
8-20 copy of the state board's policies and procedures relating to
8-21 complaint investigation and resolution.
8-22 (d) The [If a written complaint is filed with the] state
8-23 board, at least quarterly until final disposition of the complaint,
8-24 [the board] shall notify the person filing the complaint and each
8-25 person who is a subject of [parties to] the complaint of [at least
8-26 quarterly regarding] the status of the investigation unless the
8-27 notice would jeopardize an undercover investigation [complaint].
9-1 SECTION 10. Section 201.025, Agriculture Code, is amended to
9-2 read as follows:
9-3 Sec. 201.025. SUNSET PROVISION. The State Soil and Water
9-4 Conservation Board is subject to Chapter 325, Government Code
9-5 (Texas Sunset Act). Unless continued in existence as provided by
9-6 that chapter, the board is abolished and this chapter expires
9-7 September 1, 2013 [2001].
9-8 SECTION 11. Section 201.026, Agriculture Code, is amended to
9-9 read as follows:
9-10 Sec. 201.026. NONPOINT SOURCE POLLUTION. (a) The state
9-11 board is the lead agency in this state for activity relating to
9-12 abating agricultural and silvicultural nonpoint source pollution.
9-13 (b) As the lead agency, the [The] state board shall:
9-14 (1) plan, implement, and manage programs and practices
9-15 for abating agricultural and silvicultural nonpoint source
9-16 pollution;
9-17 (2) have as a goal:
9-18 (A) setting priorities among voluntary efforts
9-19 to reduce nonpoint source pollution and promoting those efforts in
9-20 a manner consistent with the priorities; and
9-21 (B) assisting landowners to prevent regulatory
9-22 enforcement actions related to nonpoint source pollution; and
9-23 (3) provide to the agricultural community information
9-24 regarding the jurisdictions of the state board and the Texas
9-25 Natural Resource Conservation Commission related to nonpoint source
9-26 pollution.
9-27 (c) Notwithstanding Chapter 26, Water Code, a permit or
10-1 other authorization is not required under that chapter as a
10-2 prerequisite for the land application of animal waste for
10-3 beneficial use at agronomic rates to property that is not owned or
10-4 controlled by the owner or operator of a facility that Chapter 26,
10-5 Water Code, requires to hold a permit or other authorization. This
10-6 section does not affect the authority of the Texas Natural Resource
10-7 Conservation Commission to investigate or take enforcement action
10-8 against a point source discharge under Section 26.121, Water Code.
10-9 (d) On the request of the owner of land on which animal
10-10 waste is applied for agricultural purposes, the state board may
10-11 create and certify a water quality management plan for the land.
10-12 (e) Other state agencies with responsibility for abating
10-13 agricultural and silvicultural nonpoint source pollution shall
10-14 coordinate any abatement programs and activities with the state
10-15 board.
10-16 (f) [(b)] The state board shall represent the state before
10-17 the federal Environmental Protection Agency or other federal
10-18 agencies on a matter relating to agricultural or silvicultural
10-19 nonpoint source pollution. Nothing herein shall impair the ability
10-20 of:
10-21 (1) the General Land Office to represent the state
10-22 before any federal agency in matters relating to the state's
10-23 participation in the federal coastal zone management program;
10-24 (2) [. Nothing herein shall impair the ability of]
10-25 the Texas Natural Resource Conservation Commission to represent the
10-26 state before any federal agency in matters relating to the state's
10-27 overall participation in the Federal Water Pollution Control Act
11-1 (33 U.S.C. Section 1251 et seq.); or
11-2 (3) the Texas Department of Agriculture to represent
11-3 the state before any federal agency in matters relating to the
11-4 state's overall participation in the Federal Insecticide,
11-5 Fungicide, and Rodenticide Act (7 U.S.C. Section 136 et seq.).
11-6 (g) [(c)] In an area that the state board identifies as
11-7 having or having the potential to develop agricultural or
11-8 silvicultural nonpoint source water quality problems or an area
11-9 within the "coastal zone" designated by the Coastal Coordination
11-10 Council, the state board shall establish a water quality management
11-11 plan certification program that provides, through local soil and
11-12 water conservation districts, for the development, supervision, and
11-13 monitoring of individual water quality management plans for
11-14 agricultural and silvicultural lands. Each plan must be developed,
11-15 maintained, and implemented under rules and criteria adopted by the
11-16 state board and comply with state water quality standards
11-17 established by the Texas Natural Resource Conservation Commission.
11-18 The state board shall certify a plan that satisfies the state
11-19 board's rules and criteria and complies with state water quality
11-20 standards established by the Texas Natural Resource Conservation
11-21 Commission under the commission's[. The Texas Natural Resource
11-22 Conservation Commission has the sole and] exclusive authority to
11-23 set water quality standards for all water in the state.
11-24 (h) The state board shall notify the Texas Natural Resource
11-25 Conservation Commission not later than the 10th business day after
11-26 the date the state board decertifies a water quality management
11-27 plan for an animal feeding operation.
12-1 (i) The state board shall update the state board's
12-2 identification of priority areas for the control of nonpoint source
12-3 pollution at least every four years. The state board, in
12-4 considering changes to the identified priority areas, shall
12-5 consider:
12-6 (1) bodies of water the Texas Natural Resource
12-7 Conservation Commission has identified as impaired through the
12-8 state water quality assessment process;
12-9 (2) threatened areas in which action is necessary to
12-10 prevent nonpoint source pollution; and
12-11 (3) other areas of concern, including groundwater
12-12 concerns.
12-13 (j) [(d)] Complaints concerning a violation of a water
12-14 quality management plan or a violation of a law or rule relating to
12-15 agricultural or silvicultural nonpoint source pollution under the
12-16 jurisdiction of the state board shall be referred to the state
12-17 board. The state board, in cooperation with the local soil and
12-18 water conservation district, shall investigate the complaint. On
12-19 completion of the investigation, the state board, in consultation
12-20 with the soil and water conservation district, either shall
12-21 determine that further action is not warranted or shall develop and
12-22 implement a corrective action plan to address the complaint. If
12-23 the person about whom the complaint has been made fails or refuses
12-24 to take corrective action, the state board shall refer the
12-25 complaint to the Texas Natural Resource Conservation Commission.
12-26 SECTION 12. Subchapter B, Chapter 201, Agriculture Code, is
12-27 amended by adding Section 201.027 to read as follows:
13-1 Sec. 201.027. ENFORCEMENT REFERRAL RECORDS. (a) The state
13-2 board shall maintain detailed records about each state board
13-3 referral of an agricultural or silvicultural operation to the Texas
13-4 Natural Resource Conservation Commission for enforcement.
13-5 (b) Records maintained under Subsection (a) must include
13-6 information regarding the final disposition of the referral by the
13-7 Texas Natural Resource Conservation Commission, including any
13-8 enforcement action taken against the agricultural or silvicultural
13-9 operation.
13-10 SECTION 13. Section 201.073, Agriculture Code, is amended to
13-11 read as follows:
13-12 Sec. 201.073. ELECTION OF DIRECTORS. (a) Except as provided
13-13 for the initial election of directors, the persons who are eligible
13-14 voters and own land in a conservation district are entitled to
13-15 elect the directors for the district. For that purpose, the
13-16 eligible voters shall meet each year on a date and at a time and
13-17 place designated by the existing board of directors. The directors
13-18 shall designate for the election a date that is after September 30
13-19 and before October 16. During July of each year, the directors
13-20 shall designate a date, time, and place for that year's election of
13-21 directors.
13-22 (b) To be eligible for election under this section, an
13-23 individual must file a written notice of the individual's
13-24 candidacy. The individual must file the notice:
13-25 (1) during established business hours in the month of
13-26 August at a location designated by the district; and
13-27 (2) in accordance with district rules.
14-1 (c) The district shall post a notice stating the
14-2 requirements of Subsection (b) in a prominent public place.
14-3 (d) If only one individual files a notice of candidacy for a
14-4 director's office during the period specified by Subsection (b)(1):
14-5 (1) an election to fill that position is not required;
14-6 and
14-7 (2) on the established election date, the directors
14-8 shall:
14-9 (A) declare the single candidate as the director
14-10 for that office; and
14-11 (B) certify the selection of the individual as
14-12 director in the manner provided by Subsection (f) for an elected
14-13 director.
14-14 (e) If more than one individual files a notice of candidacy
14-15 for a director's office during the period specified by Subsection
14-16 (b)(1), the election shall be held at a meeting of eligible voters
14-17 scheduled under Subsection (a). The district shall print ballots
14-18 with the names of the candidates for each director's office to be
14-19 filled. The district by rule shall provide for allowing eligible
14-20 voters by personal appearance to cast votes on printed ballots at a
14-21 location designated by the district instead of at the meeting. The
14-22 rules must provide for votes to be accepted at the designated
14-23 location during established business hours for a period beginning
14-24 on the 17th day before the date of the meeting and continuing
14-25 through the fourth day before the date of the meeting, including at
14-26 least one Saturday during that period. If, because of the date
14-27 scheduled for the meeting, it is not possible to begin early voting
15-1 by personal appearance on the prescribed date, the early voting
15-2 period shall begin on the earliest practicable date as set by the
15-3 district. [The eligible voters meeting for the purpose of electing
15-4 a director shall proceed by electing a chairman, a secretary, and
15-5 tally clerks. Nominations are then in order, and when nominations
15-6 have ceased, the secretary shall announce the nominees.] Each
15-7 eligible voter present at the scheduled meeting shall cast a vote
15-8 by ballots printed under this subsection [written ballot]. If
15-9 after tabulation by the district of the votes cast before the
15-10 meeting at the designated location and the votes cast at the
15-11 meeting [by the tally clerks] no nominee has received a majority of
15-12 the votes [cast], the two candidates receiving the largest number
15-13 of votes shall be voted on in a second ballot, and the candidate
15-14 receiving the largest number of votes among those cast before the
15-15 meeting at the designated location and those cast at the meeting in
15-16 the second ballot is elected. The district by rule shall provide
15-17 for certifying eligible voters voting at the designated location
15-18 and at the meeting.
15-19 (f) [(c)] The directors [secretary] shall:
15-20 (1) record the proceedings of the meeting; and
15-21 (2) not [shall, no] later than the fifth day after the
15-22 date [day] of the election, certify to the state board the name and
15-23 the proper address of the person elected.
15-24 (g) [(d)] The Election Code does not apply to elections
15-25 under this section.
15-26 SECTION 14. Section 201.303(d), Agriculture Code, is amended
15-27 to read as follows:
16-1 (d) The state board shall set priorities for allocation of
16-2 cost-share assistance funds consistent with the purposes provided
16-3 by Section 201.302 of this code. The state board may consider
16-4 local priorities and needs in establishing priorities. The state
16-5 board shall:
16-6 (1) give greater weight among the priorities set under
16-7 this subsection to allocation of funds to owners of land in the
16-8 priority areas identified under Section 201.026(g); and
16-9 (2) keep records of financial incentive disbursements
16-10 to owners of land in the priority areas identified under Section
16-11 201.026(g).
16-12 SECTION 15. (a) The changes in law made by this Act in the
16-13 qualifications of, and the prohibitions applying to, the members of
16-14 the State Soil and Water Conservation Board do not affect the
16-15 entitlement of a person serving as a member of the board
16-16 immediately before September 1, 2001, to continue to carry out the
16-17 functions of the person's office for the remainder of the person's
16-18 term. The changes in law apply only to a person elected on or
16-19 after September 1, 2001. This Act does not prohibit a person who
16-20 is a member of the State Soil and Water Conservation Board
16-21 immediately before September 1, 2001, from being reelected as a
16-22 board member if the person has the qualifications required for the
16-23 position under Chapter 201, Agriculture Code, as amended by this
16-24 Act.
16-25 (b) The changes in law made by this Act to Section 201.073,
16-26 Agriculture Code, apply only to an election of directors of a soil
16-27 and water conservation district required to be held in 2002 or a
17-1 subsequent year. An election of a director in 2001 is governed by
17-2 the law as it existed immediately before the effective date of this
17-3 Act, and the former law is continued in effect for that purpose.
17-4 SECTION 16. This Act takes effect September 1, 2001.