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 * * * * *