1-1     By:  Chisum, et al. (Senate Sponsor - Zaffirini)      H.B. No. 2310
 1-2           (In the Senate - Received from the House April 19, 2001;
 1-3     April 20, 2001, read first time and referred to Committee on
 1-4     Natural Resources; May 11, 2001, reported favorably, as amended, by
 1-5     the following vote:  Yeas 7, Nays 0; May 11, 2001, sent to
 1-6     printer.)
 1-7     COMMITTEE AMENDMENT NO. 1                               By:  Duncan
 1-8           Amend HB 2310, as engrossed, as follows:
 1-9     On page 4, line 51, strike "Notwithstanding" and substitute "Except
1-10     as required by Subchapter L,".
1-11                            A BILL TO BE ENTITLED
1-12                                   AN ACT
1-13     relating to the continuation and functions of the State Soil and
1-14     Water Conservation Board and to the election of directors of local
1-15     soil and water conservation districts.
1-16           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-17           SECTION 1.  Section 201.004(a), Agriculture Code, is amended
1-18     to read as follows:
1-19           (a)  If this chapter requires that notice of a hearing or an
1-20     election be given, the entity responsible for giving notice shall:
1-21                 (1)  publish notice at least twice, with an interval of
1-22     at least seven days between the publication dates, in a newspaper
1-23     or other publication of general circulation within the appropriate
1-24     area; and [or]
1-25                 (2)  post notice for at least two weeks at a reasonable
1-26     number of conspicuous places within the appropriate area,
1-27     including, if possible, public places where it is customary to post
1-28     notices concerning county or municipal affairs generally.
1-29           SECTION 2. Section 201.0141, Agriculture Code, is amended to
1-30     read as follows:
1-31           Sec. 201.0141.  INELIGIBILITY TO SERVE ON BOARD;
1-32     INELIGIBILITY FOR CERTAIN POSITIONS. (a)  In this section, "Texas
1-33     trade association" means a cooperative and voluntarily joined
1-34     association of business or professional competitors in this state
1-35     designed to assist its members and its industry or profession in
1-36     dealing with mutual business or professional problems and in
1-37     promoting their common interest.
1-38           (b)  A person may not be [serve as] a member of the state
1-39     board or act as the general counsel to the state board if the
1-40     person is required to register as a lobbyist under Chapter 305,
1-41     Government Code, because [by virtue] of the person's activities for
1-42     compensation [in or] on behalf of a profession related to the
1-43     operation of the state board.
1-44           (c) [(b)]  A person may not be [serve as] a member of the
1-45     state board and may not [or] be a state board [an] employee
1-46     employed in a "bona fide executive, administrative, or professional
1-47     capacity," as that phrase is used for purposes of establishing an
1-48     exemption to the overtime provisions of the federal Fair Labor
1-49     Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and its
1-50     subsequent amendments, if:
1-51                 (1)  the person is an officer, employee, or paid
1-52     consultant of a Texas trade association whose primary purpose is
1-53     the promotion of soil and water conservation; or
1-54                 (2)  the person's spouse is an officer, manager, or
1-55     paid consultant of a Texas trade association whose primary purpose
1-56     is the promotion of [the board if the person is an officer,
1-57     employee, or paid consultant of a statewide association whose
1-58     primary purpose is soil and water conservation.]
1-59           [(c)  A person may not serve as a member of the state board
1-60     or be an employee of the board of the grade 17 or over, including
1-61     exempt employees, according to the position classification schedule
1-62     under the General Appropriations Act, if the person cohabits with
 2-1     or is the spouse of an officer, managerial employee, or paid
 2-2     consultant of a statewide association whose primary purpose is]
 2-3     soil and water conservation.
 2-4           SECTION 3.  Subchapter B, Chapter 201, Agriculture Code, is
 2-5     amended by adding Section 201.0142 to read as follows:
 2-6           Sec. 201.0142.  TRAINING PROGRAM FOR MEMBERS OF STATE BOARD.
 2-7     (a)  A person who is elected and qualifies for office as a member
 2-8     of the state board may not vote, deliberate, or be counted as a
 2-9     member in attendance at a meeting of the state board until the
2-10     person completes a training program that complies with this
2-11     section.
2-12           (b)  The training program must provide the person with
2-13     information regarding:
2-14                 (1)  the legislation that created the state board;
2-15                 (2)  the programs operated by the state board;
2-16                 (3)  the role and functions of the state board;
2-17                 (4)  the rules of the state board, with an emphasis on
2-18     the rules that relate to disciplinary and investigatory authority;
2-19                 (5)  the current budget for the state board;
2-20                 (6)  the results of the most recent formal audit of the
2-21     state board;
2-22                 (7)  the requirements of:
2-23                       (A)  the open meetings law, Chapter 551,
2-24     Government Code;
2-25                       (B)  the public information law, Chapter 552,
2-26     Government Code;
2-27                       (C)  the administrative procedure law, Chapter
2-28     2001, Government Code; and
2-29                       (D)  other laws relating to public officials,
2-30     including conflict-of-interest laws; and
2-31                 (8)  any applicable ethics policies adopted by the
2-32     state board or the Texas Ethics Commission.
2-33           (c)  A person elected to the state board is entitled to
2-34     reimbursement, as provided by the General Appropriations Act, for
2-35     the travel expenses incurred in attending the training program,
2-36     regardless of whether attendance at the program occurs before or
2-37     after the person qualifies for office.
2-38           SECTION 4.  Section 201.0151, Agriculture Code, is amended to
2-39     read as follows:
2-40           Sec. 201.0151.  REMOVAL FROM BOARD. (a)  It is a ground for
2-41     removal from the state board that [if] a member:
2-42                 (1)  does not have at the time of election the
2-43     qualifications required by Subsection (c) of Section 201.013 of
2-44     this code;
2-45                 (2)  does not maintain during service on the state
2-46     board the qualifications required by Subsection (c) of Section
2-47     201.013 of this code;
2-48                 (3)  is ineligible for membership under [violates a
2-49     prohibition in] Section 201.0141 of this code;
2-50                 (4)  cannot, because of illness or disability,
2-51     discharge [is unable to perform] the member's duties for a
2-52     substantial portion of the member's term [for which the member was
2-53     elected because of illness or disability]; or
2-54                 (5)  is absent from more than half of the regularly
2-55     scheduled state board meetings that [during each calendar year
2-56     which] the member is eligible to attend during a calendar year,
2-57     without an excuse approved [except when the absence is excused] by
2-58     a majority vote of the state board.
2-59           (b)  The validity of an action of the state board is not
2-60     affected by the fact that the action was taken when a ground for
2-61     removal of a state board [existed for a] member exists [of the
2-62     board].
2-63           (c)  If the executive director has knowledge [knows] that a
2-64     potential ground for removal exists, the executive director shall
2-65     notify the chairman of the state board.  The chairman shall then
2-66     notify the governor and the attorney general that a potential
2-67     ground for removal exists.  If the potential ground for removal
2-68     involves the chairman, the executive director shall notify the next
2-69     highest ranking officer of the state board, who shall then notify
 3-1     the governor and the attorney general that a potential ground for
 3-2     removal exists.
 3-3           SECTION 5.  Section 201.019(f), Agriculture Code, is amended
 3-4     to read as follows:
 3-5           (f)  The executive director or the executive director's
 3-6     designee [state board] shall provide to [its] members of the state
 3-7     board and state board employees, as often as [is] necessary,
 3-8     information regarding the requirements for office or employment
 3-9     [their qualifications] under this chapter, including information
3-10     regarding a person's [and their] responsibilities under applicable
3-11     laws relating to standards of conduct for state officers and
3-12     employees.
3-13           SECTION 6.  Section 201.0191, Agriculture Code, is amended to
3-14     read as follows:
3-15           Sec. 201.0191.  EQUAL OPPORTUNITY EMPLOYMENT. (a)  The
3-16     executive director or the executive director's designee shall
3-17     prepare and maintain a written policy statement that implements [to
3-18     assure implementation of] a program of equal employment opportunity
3-19     to ensure that [whereby] all personnel decisions [transactions] are
3-20     made without regard to race, color, disability [handicap], sex,
3-21     religion, age, or national origin.
3-22           (b)  The policy statement must include:
3-23                 (1)  personnel policies, including policies relating to
3-24     recruitment, evaluation, selection, [appointment,] training, and
3-25     promotion of personnel, that show the intent of the state board to
3-26     avoid the unlawful employment practices described by Chapter 21,
3-27     Labor Code; and
3-28                 (2)  an [a comprehensive] analysis of the extent to
3-29     which the composition of the state board's personnel is in
3-30     accordance with state and [agency's work force that meets] federal
3-31     law and a description of [state guidelines;]
3-32                 [(3)  procedures by which a determination can be made
3-33     of significant underutilization in the agency's work force of all
3-34     persons of whom federal or state guidelines encourage a more
3-35     equitable balance; and]
3-36                 [(4)]  reasonable methods to achieve compliance with
3-37     state and [appropriately address areas of significant
3-38     underutilization in the agency's work force of all persons of whom]
3-39     federal law [or state guidelines encourage a more equitable
3-40     balance].
3-41           (c) [(b)]  The policy statement must:
3-42                 (1)  [shall] be filed with the governor's office;
3-43                 (2)  [before November 1, 1985, cover an annual period,
3-44     and] be updated [at least] annually; and
3-45                 (3)  be reviewed by the Commission on Human Rights for
3-46     compliance with Subsection (b)(1). [The governor shall develop a
3-47     biennial report to the legislature based on the information
3-48     submitted.  The report may be made separately or as a part of other
3-49     biennial reports made to the legislature.]
3-50           SECTION 7.  Subchapter B, Chapter 201, Agriculture Code, is
3-51     amended by adding Section 201.0192 to read as follows:
3-52           Sec. 201.0192.  STATE EMPLOYEE INCENTIVE INFORMATION. The
3-53     executive director or the executive director's designee shall
3-54     provide to state board employees information and training on the
3-55     benefits and methods of participating in the state employee
3-56     incentive program under Subchapter B, Chapter 2108, Government
3-57     Code.
3-58           SECTION 8.  Section 201.023(a), Agriculture Code, is amended
3-59     to read as follows:
3-60           (a)  Except as provided by Section 201.081 [201.080 of this
3-61     code], the state board shall deposit all money and securities
3-62     received by it in the state treasury to the credit of a special
3-63     fund known as the state soil conservation fund.  That fund shall be
3-64     appropriated to the state board for use in the administration of
3-65     this chapter and is subject to the same care and control while in
3-66     the state treasury as other funds of the state.
3-67           SECTION 9.  Section 201.0231, Agriculture Code, is amended to
3-68     read as follows:
3-69           Sec. 201.0231.  COMPLAINTS. (a)  The state board shall
 4-1     maintain a [keep an information] file on [about] each written
 4-2     complaint filed with the state board.
 4-3           (b)  The file must include:
 4-4                 (1)  the name of the person who filed the complaint;
 4-5                 (2)  the date the complaint is received by the state
 4-6     board;
 4-7                 (3)  the subject matter of the complaint;
 4-8                 (4)  the name of each person contacted in relation to
 4-9     the complaint;
4-10                 (5)  a summary of the results of the review or
4-11     investigation of the complaint; and
4-12                 (6)  an explanation of the reason the file was closed,
4-13     if the state board closed the file without taking action other than
4-14     to investigate the complaint.
4-15           (c)  The state board shall provide to the person filing the
4-16     complaint and to each person who is a subject of the complaint a
4-17     copy of the state board's policies and procedures relating to
4-18     complaint investigation and resolution.
4-19           (d)  The [If a written complaint is filed with the] state
4-20     board, at least quarterly until final disposition of the complaint,
4-21     [the board] shall notify the person filing the complaint and each
4-22     person who is a subject of [parties to] the complaint of [at least
4-23     quarterly regarding] the status of the investigation unless the
4-24     notice would jeopardize an undercover investigation [complaint].
4-25           SECTION 10.  Section 201.025, Agriculture Code, is amended to
4-26     read as follows:
4-27           Sec. 201.025.  SUNSET PROVISION. The State Soil and Water
4-28     Conservation Board is subject to Chapter 325, Government Code
4-29     (Texas Sunset Act).  Unless continued in existence as provided by
4-30     that chapter, the board is abolished and this chapter expires
4-31     September 1, 2013 [2001].
4-32           SECTION 11.  Section 201.026, Agriculture Code, is amended to
4-33     read as follows:
4-34           Sec. 201.026.  NONPOINT SOURCE POLLUTION. (a)  The state
4-35     board is the lead agency in this state for activity relating to
4-36     abating agricultural and silvicultural nonpoint source pollution.
4-37           (b)  As the lead agency, the [The] state board shall:
4-38                 (1)  plan, implement, and manage programs and practices
4-39     for abating agricultural and silvicultural nonpoint source
4-40     pollution;
4-41                 (2)  have as a goal:
4-42                       (A)  setting priorities among voluntary efforts
4-43     to reduce nonpoint source pollution and promoting those efforts in
4-44     a manner consistent with the priorities; and
4-45                       (B)  assisting landowners to prevent regulatory
4-46     enforcement actions related to nonpoint source pollution; and
4-47                 (3)  provide to the agricultural community information
4-48     regarding the jurisdictions of the state board and the Texas
4-49     Natural Resource Conservation Commission related to nonpoint source
4-50     pollution.
4-51           (c)  Notwithstanding Chapter 26, Water Code, a permit or
4-52     other authorization is not required under that chapter as a
4-53     prerequisite for the land application of animal waste for
4-54     beneficial use at agronomic rates to property that is not owned or
4-55     controlled by the owner or operator of a facility that Chapter 26,
4-56     Water Code, requires to hold a permit or other authorization.  This
4-57     section does not affect the authority of the Texas Natural Resource
4-58     Conservation Commission to investigate or take enforcement action
4-59     against a point source discharge under Section 26.121, Water Code.
4-60           (d)  On the request of the owner of land on which animal
4-61     waste is applied for agricultural purposes, the state board may
4-62     create and certify a water quality management plan for the land.
4-63           (e)  Other state agencies with responsibility for abating
4-64     agricultural and silvicultural nonpoint source pollution shall
4-65     coordinate any abatement programs and activities with the state
4-66     board.
4-67           (f) [(b)]  The state board shall represent the state before
4-68     the federal Environmental Protection Agency or other federal
4-69     agencies on a matter relating to agricultural or silvicultural
 5-1     nonpoint source pollution.  Nothing herein shall impair the ability
 5-2     of:
 5-3                 (1)  the General Land Office to represent the state
 5-4     before any federal agency in matters relating to the state's
 5-5     participation in the federal coastal zone management program;
 5-6                 (2)  [.  Nothing herein shall impair the ability of]
 5-7     the Texas Natural Resource Conservation Commission to represent the
 5-8     state before any federal agency in matters relating to the state's
 5-9     overall participation in the Federal Water Pollution Control Act
5-10     (33 U.S.C. Section 1251 et seq.); or
5-11                 (3)  the Texas Department of Agriculture to represent
5-12     the state before any federal agency in matters relating to the
5-13     state's overall participation in the Federal Insecticide,
5-14     Fungicide, and Rodenticide Act (7 U.S.C. Section 136 et seq.).
5-15           (g) [(c)]  In an area that the state board identifies as
5-16     having or having the potential to develop agricultural or
5-17     silvicultural nonpoint source water quality problems or an area
5-18     within the "coastal zone" designated by the Coastal Coordination
5-19     Council, the state board shall establish a water quality management
5-20     plan certification program that provides, through local soil and
5-21     water conservation districts, for the development, supervision, and
5-22     monitoring of individual water quality management plans for
5-23     agricultural and silvicultural lands.  Each plan must be developed,
5-24     maintained, and implemented under rules and criteria adopted by the
5-25     state board and comply with state water quality standards
5-26     established by the Texas Natural Resource Conservation Commission.
5-27     The state board shall certify a plan that satisfies the state
5-28     board's rules and criteria and complies with state water quality
5-29     standards established by the Texas Natural Resource Conservation
5-30     Commission under the commission's[.  The Texas Natural Resource
5-31     Conservation Commission has the sole and] exclusive authority to
5-32     set water quality standards for all water in the state.
5-33           (h)  The state board shall notify the Texas Natural Resource
5-34     Conservation Commission not later than the 10th business day after
5-35     the date the state board decertifies a water quality management
5-36     plan for an animal feeding operation.
5-37           (i)  The state board shall update the state board's
5-38     identification of priority areas for the control of nonpoint source
5-39     pollution at least every four years.  The state board, in
5-40     considering changes to the identified priority areas, shall
5-41     consider:
5-42                 (1)  bodies of water the Texas Natural Resource
5-43     Conservation Commission has identified as impaired through the
5-44     state water quality assessment process;
5-45                 (2)  threatened areas in which action is necessary to
5-46     prevent nonpoint source pollution; and
5-47                 (3)  other areas of concern, including groundwater
5-48     concerns.
5-49           (j) [(d)]  Complaints concerning a violation of a water
5-50     quality management plan or a violation of a law or rule relating to
5-51     agricultural or silvicultural nonpoint source pollution under the
5-52     jurisdiction of the state board shall be referred to the state
5-53     board.  The state board, in cooperation with the local soil and
5-54     water conservation district, shall investigate the complaint. On
5-55     completion of the investigation, the state board, in consultation
5-56     with the soil and water conservation district, either shall
5-57     determine that further action is not warranted or shall develop and
5-58     implement a corrective action plan to address the complaint.  If
5-59     the person about whom the complaint has been made fails or refuses
5-60     to take corrective action, the state board shall refer the
5-61     complaint to the Texas Natural Resource Conservation Commission.
5-62           SECTION 12.  Subchapter B, Chapter 201, Agriculture Code, is
5-63     amended by adding Section 201.027 to read as follows:
5-64           Sec. 201.027.  ENFORCEMENT REFERRAL RECORDS. (a)  The state
5-65     board shall maintain detailed records about each state board
5-66     referral of an agricultural or silvicultural operation to the Texas
5-67     Natural Resource Conservation Commission for enforcement.
5-68           (b)  Records maintained under Subsection (a) must include
5-69     information regarding the final disposition of the referral by the
 6-1     Texas Natural Resource Conservation Commission, including any
 6-2     enforcement action taken against the agricultural or silvicultural
 6-3     operation.
 6-4           SECTION 13.  Section 201.073, Agriculture Code, is amended to
 6-5     read as follows:
 6-6           Sec. 201.073.  ELECTION OF DIRECTORS. (a)  Except as provided
 6-7     for the initial election of directors, the persons who are eligible
 6-8     voters and own land in a conservation district are entitled to
 6-9     elect the directors for the district.  For that purpose, the
6-10     eligible voters shall meet each year on a date and at a time and
6-11     place designated by the existing board of directors.  The directors
6-12     shall designate for the election a date that is after September 30
6-13     and before October 16.  During July of each year, the directors
6-14     shall designate a date, time, and place for that year's election of
6-15     directors.
6-16           (b)  To be eligible for election under this section, an
6-17     individual must file a written notice of the individual's
6-18     candidacy.  The individual must file the notice:
6-19                 (1)  during established business hours in the month of
6-20     August at a location designated by the district; and
6-21                 (2)  in accordance with district rules.
6-22           (c)  The district shall post a notice stating the
6-23     requirements of Subsection (b) in a prominent public place.
6-24           (d)  If only one individual files a notice of candidacy for a
6-25     director's office during the period specified by Subsection (b)(1):
6-26                 (1)  an election to fill that position is not required;
6-27     and
6-28                 (2)  on the established election date, the directors
6-29     shall:
6-30                       (A)  declare the single candidate as the director
6-31     for that office; and
6-32                       (B)  certify the selection of the individual as
6-33     director in the manner provided by Subsection (f) for an elected
6-34     director.
6-35           (e)  If more than one individual files a notice of candidacy
6-36     for a director's office during the period specified by Subsection
6-37     (b)(1), the election shall be held at a meeting of eligible voters
6-38     scheduled under Subsection (a).  The district shall print ballots
6-39     with the names of the candidates for each director's office to be
6-40     filled.  The district by rule shall provide for allowing eligible
6-41     voters by personal appearance to cast votes on printed ballots at a
6-42     location designated by the district instead of at the meeting.  The
6-43     rules must provide for votes to be accepted at the designated
6-44     location during established business hours for a period beginning
6-45     on the 17th day before the date of the meeting and continuing
6-46     through the fourth day before the date of the meeting, including at
6-47     least one Saturday during that period.  If, because of the date
6-48     scheduled for the meeting, it is not possible to begin early voting
6-49     by personal appearance on the prescribed date, the early voting
6-50     period shall begin on the earliest practicable date as set by the
6-51     district.  [The eligible voters meeting for the purpose of electing
6-52     a director shall proceed by electing a chairman, a secretary, and
6-53     tally clerks.  Nominations are then in order, and when nominations
6-54     have ceased, the secretary shall announce the nominees.]  Each
6-55     eligible voter present at the scheduled meeting shall cast a vote
6-56     by ballots printed under this subsection [written ballot].  If
6-57     after tabulation by the district of the votes cast before the
6-58     meeting at the designated location and the votes cast at the
6-59     meeting [by the tally clerks] no nominee has received a majority of
6-60     the votes [cast], the two candidates receiving the largest number
6-61     of votes shall be voted on in a second ballot, and the candidate
6-62     receiving the largest number of votes among those cast before the
6-63     meeting at the designated location and those cast at the meeting in
6-64     the second ballot is elected.  The district by rule shall provide
6-65     for certifying eligible voters voting at the designated location
6-66     and at the meeting.
6-67           (f) [(c)]  The directors [secretary] shall:
6-68                 (1)  record the proceedings of the meeting; and
6-69                 (2)  not [shall, no] later than the fifth day after the
 7-1     date [day] of the election, certify to the state board the name and
 7-2     the proper address of the person elected.
 7-3           (g) [(d)]  The Election Code does not apply to elections
 7-4     under this section.
 7-5           SECTION 14.  Section 201.303(d), Agriculture Code, is amended
 7-6     to read as follows:
 7-7           (d)  The state board shall set priorities for allocation of
 7-8     cost-share assistance funds consistent with the purposes provided
 7-9     by Section 201.302 of this code.  The state board may consider
7-10     local priorities and needs in establishing priorities.  The state
7-11     board shall:
7-12                 (1)  give greater weight among the priorities set under
7-13     this subsection to allocation of funds to owners of land in the
7-14     priority areas identified under Section 201.026(g); and
7-15                 (2)  keep records of financial incentive disbursements
7-16     to owners of land in the priority areas identified under Section
7-17     201.026(g).
7-18           SECTION 15.  (a)  The changes in law made by this Act in the
7-19     qualifications of, and the prohibitions applying to, the members of
7-20     the State Soil and Water Conservation Board do not affect the
7-21     entitlement of a person serving as a member of the board
7-22     immediately before September 1, 2001, to continue to carry out the
7-23     functions of the person's office for the remainder of the person's
7-24     term.  The changes in law apply only to a person elected on or
7-25     after September 1, 2001.  This Act does not prohibit a person who
7-26     is a member of the State Soil and Water Conservation Board
7-27     immediately before September 1, 2001, from being reelected as a
7-28     board member if the person has the qualifications required for the
7-29     position under Chapter 201, Agriculture Code, as amended by this
7-30     Act.
7-31           (b)  The changes in law made by this Act to Section 201.073,
7-32     Agriculture Code, apply only to an election of directors of a soil
7-33     and water conservation district required to be held in 2002 or a
7-34     subsequent year.  An election of a director in 2001 is governed by
7-35     the law as it existed immediately before the effective date of this
7-36     Act, and the former law is continued in effect for that purpose.
7-37           SECTION 16. This Act takes effect September 1, 2001.
7-38                                  * * * * *