77R11394 JMG-D
By Walker H.B. No. 3230
Substitute the following for H.B. No. 3230:
By Swinford C.S.H.B. No. 3230
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration of the weather modification program
1-3 and grants for weather modification and control activities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1
1-6 SUBCHAPTER A. GENERAL PROVISIONS
1-7 SECTION 1.01. DEFINITIONS. In this article:
1-8 (1) "Commissioner" has the meaning assigned by Section
1-9 51.001, Occupations Code.
1-10 (2) "Department" has the meaning assigned by Section
1-11 51.001, Occupations Code.
1-12 (3) "Operation" means the performance of weather
1-13 modification and control activities entered into for the purpose of
1-14 producing or attempting to produce a certain modifying effect
1-15 within one geographical area over one continuing time interval not
1-16 exceeding four years.
1-17 (4) "Research and development" means theoretical
1-18 analysis, exploration, experimentation, and the extension of
1-19 investigative findings and theories of a scientific or technical
1-20 nature into practical application for experimental and
1-21 demonstration purposes, including the experimental production and
1-22 testing of models, devices, equipment, materials, and processes.
1-23 (5) "Weather modification and control" means changing
1-24 or controlling, or attempting to change or control, by artificial
2-1 methods the natural development of atmospheric cloud forms or
2-2 precipitation forms that occur in the troposphere.
2-3 SUBCHAPTER B. POWERS AND DUTIES OF DEPARTMENT
2-4 SECTION 1.11. RULES. The department may adopt rules
2-5 necessary to:
2-6 (1) exercise the powers and perform the duties under
2-7 this article;
2-8 (2) establish procedures and conditions for the
2-9 issuance of licenses and permits under this article; and
2-10 (3) establish standards and instructions to govern the
2-11 carrying out of research or projects in weather modification and
2-12 control that the department considers necessary or desirable to
2-13 minimize danger to health or property.
2-14 SECTION 1.12. STUDIES; INVESTIGATIONS; HEARINGS. The
2-15 department may make any studies or investigations, obtain any
2-16 information, and hold any hearings necessary or proper to
2-17 administer or enforce this article or any rules or orders issued
2-18 under this article.
2-19 SECTION 1.13. ADVISORY COMMITTEES. The department may
2-20 establish advisory committees to advise the department and to make
2-21 recommendations to the department concerning legislation, policies,
2-22 administration, research, and other matters related to the
2-23 department's duties, powers, or functions under this article.
2-24 SECTION 1.14. PERSONNEL. The commissioner may, as provided
2-25 by the General Appropriations Act, appoint and fix the compensation
2-26 of any personnel, including specialists and consultants, necessary
2-27 to perform duties and functions under this article.
3-1 SECTION 1.15. MATERIALS AND EQUIPMENT. The department may
3-2 acquire in the manner provided by law any materials, equipment, and
3-3 facilities necessary to the performance of its duties and functions
3-4 under this article.
3-5 SECTION 1.16. INTERSTATE COMPACTS. The commissioner may
3-6 represent the state in matters pertaining to plans, procedures, or
3-7 negotiations for interstate compacts relating to weather
3-8 modification and control.
3-9 SECTION 1.17. CONTRACTS, COOPERATIVE AGREEMENTS, ETC. (a)
3-10 The department may cooperate with public or private agencies to
3-11 promote the purposes of this article.
3-12 (b) The department may enter into cooperative agreements
3-13 with the United States or any of its agencies, with counties and
3-14 municipalities of this state, or with any private or public
3-15 agencies for conducting weather modification or cloud-seeding
3-16 operations.
3-17 (c) The department may represent the state, counties,
3-18 municipalities, and public and private agencies in contracting with
3-19 private concerns for the performance of weather modification or
3-20 cloud-seeding operations.
3-21 SECTION 1.18. PROMOTION OF RESEARCH AND DEVELOPMENT. (a) In
3-22 order to assist in expanding the theoretical and practical
3-23 knowledge of weather modification and control, the department shall
3-24 promote continuous research and development in:
3-25 (1) the theory and development of methods of weather
3-26 modification and control, including processes, materials, and
3-27 devices related to these methods;
4-1 (2) the use of weather modification and control for
4-2 agricultural, industrial, commercial, and other purposes; and
4-3 (3) the protection of life and property during
4-4 research and operational activities.
4-5 (b) The department with approval of the commissioner may
4-6 conduct and may contract for research and development activities
4-7 relating to the purposes of this section.
4-8 SECTION 1.19. GRANTS, GIFTS, ETC. Subject to any limitations
4-9 imposed by law, the department may accept federal grants, private
4-10 gifts, and donations from any other source. Unless the use of the
4-11 money is restricted or subject to any limitations provided by law,
4-12 the department may spend the money for the administration of this
4-13 article.
4-14 SECTION 1.20. DISPOSITION OF LICENSE AND PERMIT FEES. The
4-15 department shall deposit all license and permit fees in the state
4-16 treasury.
4-17 SUBCHAPTER C. LICENSES AND PERMITS
4-18 SECTION 1.31. LICENSE AND PERMIT REQUIRED. Except as
4-19 provided by rule of the department under Section 1.32, a person may
4-20 not engage in activities for weather modification and control:
4-21 (1) without a weather modification license and weather
4-22 modification permit issued by the department; or
4-23 (2) in violation of any term or condition of the
4-24 license or permit.
4-25 SECTION 1.32. EXEMPTIONS. (a) The department by rule, to
4-26 the extent it considers exemptions practical, shall provide for
4-27 exempting the following activities from the license and permit
5-1 requirements of this article:
5-2 (1) research, development, and experiments conducted
5-3 by state and federal agencies, institutions of higher learning, and
5-4 bona fide nonprofit research organizations;
5-5 (2) laboratory research and experiments;
5-6 (3) activities of an emergent nature for protection
5-7 against fire, frost, sleet, or fog; and
5-8 (4) activities normally conducted for purposes other
5-9 than inducing, increasing, decreasing, or preventing precipitation
5-10 or hail.
5-11 (b) The department by rule may modify or revoke an
5-12 exemption.
5-13 SECTION 1.33. ISSUANCE OF LICENSE. (a) The department, in
5-14 accordance with the rules adopted under this article, shall issue a
5-15 weather modification license to each applicant who:
5-16 (1) pays the license fee; and
5-17 (2) demonstrates, to the satisfaction of the
5-18 department, competence in the field of meteorology that is
5-19 reasonably necessary to engage in weather modification and control
5-20 activities.
5-21 (b) If the applicant is an organization, the competence must
5-22 be demonstrated by the individual or individuals who are to be in
5-23 control and in charge of the operation for the applicant.
5-24 SECTION 1.34. LICENSE FEE. The fee for an original or
5-25 renewal license is $150.
5-26 SECTION 1.35. EXPIRATION DATE. Each original or renewal
5-27 license expires at the end of the state fiscal year for which it
6-1 was issued.
6-2 SECTION 1.36. RENEWAL LICENSE. At the expiration of the
6-3 license period, the department shall issue a renewal license to
6-4 each applicant who pays the license fee and who has the
6-5 qualifications necessary for issuance of an original license.
6-6 SECTION 1.37. ISSUANCE OF PERMIT. (a) The department, in
6-7 accordance with the rules adopted under this article and on a
6-8 finding that the weather modification and control operation as
6-9 proposed in the permit application will not significantly dissipate
6-10 the clouds and prevent their natural course of developing rain in
6-11 the area in which the operation is to be conducted to the material
6-12 detriment of persons or property in that area, and after approval
6-13 at an election if covered by Section 1.41, may issue a weather
6-14 modification permit to each applicant who:
6-15 (1) holds a valid weather modification license;
6-16 (2) pays the permit fee;
6-17 (3) publishes a notice of intention and submits proof
6-18 of publication as required by this article; and
6-19 (4) furnishes proof of financial responsibility.
6-20 (b) The department shall, if requested by at least 25
6-21 persons, hold at least one public hearing in the area where the
6-22 operation is to be conducted prior to the issuance of a permit.
6-23 SECTION 1.38. PERMIT FEE. The fee for each permit is $75.
6-24 SECTION 1.39. SCOPE OF PERMIT. A separate permit is required
6-25 for each operation. If an operation is to be conducted under
6-26 contract, a permit is required for each separate contract. The
6-27 department may not issue a permit for a contracted operation unless
7-1 it covers a continuous period not to exceed four years.
7-2 SECTION 1.40. APPLICATION AND NOTICE OF INTENTION. Before
7-3 undertaking any operation, a license holder must file an
7-4 application for a permit and have a notice of intention published
7-5 as required by this article.
7-6 SECTION 1.41. ELECTION FOR APPROVAL OF PERMIT THAT INCLUDES
7-7 AUTHORIZATION FOR HAIL SUPPRESSION. (a) In this section:
7-8 (1) "Target area" means that area described by metes
7-9 and bounds or other specific bounded description set out in the
7-10 application for a permit.
7-11 (2) "Operational area" means that area that joins the
7-12 target area and is reasonably necessary to use in order to
7-13 effectuate the purposes over the target area without affecting the
7-14 land or land owners in the operational area.
7-15 (b) No part of an operational area may be more than eight
7-16 miles from the limits of the target area. The operational area
7-17 must be described by metes and bounds or other specific bounded
7-18 description and set out in the application for a permit. If the
7-19 application for a permit does not describe the operational area,
7-20 the department may designate an area located inside and up to eight
7-21 miles from the limits of the target area described in the
7-22 application as the operational area of the permit for the purposes
7-23 of this article.
7-24 (c) A permit may not be issued by the department before the
7-25 end of the 30-day period immediately following the first
7-26 publication of notice and then only in:
7-27 (1) those counties or parts of counties in the target
8-1 area or operational area in which the majority of the qualified
8-2 voters voting have approved or have not disapproved the issuance of
8-3 a permit if an election has been held; or
8-4 (2) in any county or part of a county in the target
8-5 area or operational area if no petition for an election has been
8-6 filed.
8-7 (d) Persons eligible to vote in elections held under this
8-8 section shall include qualified voters in counties or parts of
8-9 counties included in the target area or operational area. If the
8-10 target area or operational area includes only part of a county, an
8-11 election held under this section may be held only in the election
8-12 precincts that are included entirely within or are partially
8-13 included in those areas. All qualified voters in those precincts
8-14 are entitled to vote in these elections.
8-15 (e) On written request of at least 25 qualified voters
8-16 residing in the target area or operational area mentioned in the
8-17 notice requesting an election accompanied by unsigned petitions,
8-18 the county clerk of each county within the target area or
8-19 operational area shall certify and mark for identification
8-20 petitions for circulation. An application for a petition seeking
8-21 an election to disapprove the issuance of a permit must be headed:
8-22 "Application for Election to Disapprove a Weather Modification
8-23 Permit." The application shall contain a statement just ahead of
8-24 the signatures of the applicants stating the following: "It is the
8-25 hope, purpose, and intent of the applicants whose signatures appear
8-26 on this application to see disapproved the issuance of a permit for
8-27 weather modification, including hail suppression." An application
9-1 for a petition seeking an election to approve the issuance of a
9-2 permit shall be headed: "Application for Election to Approve a
9-3 Weather Modification Permit." The application shall contain a
9-4 statement just ahead of the signatures of the applicants as
9-5 follows: "It is the hope, purpose, and intent of the applicants
9-6 whose signatures appear on this petition to see approved the
9-7 issuance of a permit for weather modification, including hail
9-8 suppression." On the return to the county clerks of petitions
9-9 signed by at least 10 percent of the qualified voters residing in
9-10 each county within the target area or operational area in the
9-11 notice requesting an election, the commissioners court of each
9-12 county shall call and hold an election. Notice under Chapter 111,
9-13 Local Government Code, of the commissioners court meeting to call
9-14 and hold the election is not required. The date of the election
9-15 shall be determined by the commissioners court in accordance with
9-16 this section, notwithstanding Sections 41.004 and 41.0041, Election
9-17 Code. The petition must be filed with the clerk of each county
9-18 within 30 days immediately following the first publication of
9-19 notice. The election must be held within 45 days after the date
9-20 the petition is received to determine whether or not the qualified
9-21 voters in the target area or operational area approve the issuance
9-22 of the permit. Immediately on calling the election, the clerk of
9-23 each county within the target area or operational area shall notify
9-24 the commissioner of the date of the election. Except as otherwise
9-25 provided in this article, elections must be held in accordance with
9-26 the Election Code.
9-27 (f) The petition for the election shall read substantially
10-1 as follows: "The following qualified voters of __________ County
10-2 request the Commissioners Court of __________ County to call an
10-3 election at which the qualified voters shall be asked to vote on
10-4 the proposition of whether or not they approve of the issuance of a
10-5 weather modification permit that includes authorization for hail
10-6 suppression (description of area)." Each qualified voter signing
10-7 the petition must give the voter's full name and address and voter
10-8 registration number. Within five days after the date of receiving
10-9 a petition under this section, the commissioners court shall have
10-10 the county clerk of the county check the names on the petition
10-11 against the voter registration lists of the county and certify to
10-12 the commissioners court the number of qualified voters signing the
10-13 petition as reflected by checking the county's voter registration
10-14 lists. If only a part of a county is included in the target area
10-15 or operational area, the county clerk shall also certify that those
10-16 signing the petition reside in an election precinct in the county
10-17 totally or partially included in the target area or operational
10-18 area. On certification by the county clerk, the petition must be
10-19 filed with the official records of the county and be made available
10-20 for public inspection.
10-21 (g) A person filing a petition with the county clerk shall
10-22 deposit with the county clerk an amount of money estimated by the
10-23 county clerk to be sufficient to cover the costs of the election,
10-24 to be held by the county clerk until the result of the election to
10-25 approve or disapprove the issuance of the permit is officially
10-26 announced. If the result of the election favors the party
10-27 petitioning for the election, the county clerk shall return the
11-1 deposit to the person filing the petition or to the person's agent
11-2 or attorney, but if the result of the election does not favor the
11-3 party petitioning for the election, the county clerk shall pay the
11-4 cost and expenses of the election from the deposit and return the
11-5 balance of the deposit to the person filing the petition or to the
11-6 person's agent or attorney.
11-7 (h) The ballots for an election under this section must be
11-8 printed to provide for voting for or against the proposition: "The
11-9 issuance of a permit providing for weather modification, including
11-10 authorization for hail suppression and control in (description of
11-11 area)."
11-12 (i) The order calling the election shall provide for the
11-13 time and place or places for holding the election, the form of the
11-14 ballots, and the presiding judge for each voting place.
11-15 (j) The commissioners court shall publish a copy of the
11-16 election order in a newspaper of general circulation in the county
11-17 or in the part of the county within the target area or operational
11-18 area at least 30 days preceding the day of the election.
11-19 (k) The presiding judge of each voting place shall supervise
11-20 the counting of all votes cast and shall certify the results to the
11-21 commissioners court within five days after the date of the
11-22 election. A copy of the results is to be filed with the county
11-23 clerk and is a public record.
11-24 (l) Within five days after the results are filed, the
11-25 commissioners court shall declare the results.
11-26 (m) The commissioners court of each county holding an
11-27 election shall send certified copies of the results of the election
12-1 to the commissioner within 24 hours after the results are declared
12-2 under Subsection (k).
12-3 (n) If a majority of the qualified voters voting in the
12-4 election precincts any part of which are located in the target area
12-5 vote against issuance of the permit, a permit may not be issued.
12-6 If a majority of the qualified voters voting in the election
12-7 precincts any part of which are located within the target area vote
12-8 in favor of issuance of the permit, the department may issue the
12-9 permit as provided in this subchapter, except that if a majority of
12-10 the qualified voters voting in either of the following areas vote
12-11 against issuance of the permit, those areas must be excluded from
12-12 the coverage of the permit:
12-13 (1) any election precinct any part of which is located
12-14 in the operational area; or
12-15 (2) any election precinct located wholly within the
12-16 target area and contiguous with its outer boundary.
12-17 (o) If the department finds that a weather modification and
12-18 control operation is still feasible, a permit may be issued
12-19 covering areas in which no election is requested or areas in which
12-20 the voters give their approval as provided in this section.
12-21 (p) If a permit is denied under Subsection (n), an
12-22 application for a permit covering all or part of the same target
12-23 area or operational area that was denied may not be considered, and
12-24 for a period of two years following the date of the election, a
12-25 permit under that application may not be issued by the department
12-26 and an election may not be held under this article.
12-27 (q) If a permit including authorization for hail suppression
13-1 is to cover only a part of a county, only those qualified voters
13-2 residing in an election precinct or precincts of the county
13-3 included in the target area or operational area are eligible to
13-4 sign a petition and to vote at an election under this section. In
13-5 computing the vote, only a majority of qualified voters residing in
13-6 those areas and voting in the election is necessary to carry the
13-7 proposition in that county.
13-8 (r) A permit may not be issued that provides for or allows
13-9 the seeding of clouds for hail suppression outside the target area
13-10 or within those counties or parts of counties located in the
13-11 operational or target areas that were excluded from the coverage of
13-12 the permit by an election under Subsection (n). Seeding may be
13-13 done in those counties or parts of counties located in the
13-14 operational or target area that were not excluded from the coverage
13-15 of the permit by virtue of an election under Subsection (n),
13-16 provided the seeding is reasonably calculated to take effect only
13-17 within the target area. This subsection does not prohibit the
13-18 observation of cloud and cloud formations.
13-19 (s) The department may monitor any program under conditions
13-20 the department determines advisable.
13-21 (t) On petition as provided in this section, the
13-22 commissioners court of any county outside but adjacent to a county
13-23 included in the operational area of an existing or proposed permit
13-24 shall call and hold an election on the proposition of whether or
13-25 not the qualified voters of the county approve of the issuance of
13-26 any permit authorizing hail suppression in the county. If the
13-27 county voters voting in the election disapprove the issuance of
14-1 permits authorizing hail suppression, the department may not issue
14-2 a permit covering the county until the proposition has been
14-3 approved at a subsequent election.
14-4 (u) If any county or part of a county has disapproved the
14-5 issuance of a permit at the previous election held under this
14-6 section, that county or part of a county may not be included in any
14-7 permit issued by the department until the voters of that county or
14-8 part of a county have participated in a subsequent election at
14-9 which a permit is approved. The applicant for a permit that
14-10 includes that county or part of a county has the burden of
14-11 petitioning for an election and depositing costs in the manner
14-12 provided by this section for the original election to approve or
14-13 disapprove a permit.
14-14 (v) The department by rule shall define hail suppression as
14-15 used in this section, using the most current scientifically
14-16 accepted technological concepts.
14-17 SECTION 1.42. CONTENT OF NOTICE. In the notice of intention,
14-18 the applicant must include:
14-19 (1) the name and address of the license holder;
14-20 (2) the nature and object of the intended operation
14-21 and the person or organization on whose behalf it is to be
14-22 conducted;
14-23 (3) the area in which and the approximate time during
14-24 which the operation is to be conducted;
14-25 (4) the area that is intended to be affected by the
14-26 operation; and
14-27 (5) the materials and methods to be used in conducting
15-1 the operation.
15-2 SECTION 1.43. PUBLICATION OF NOTICE. The notice of intention
15-3 required under Section 1.40 must be published at least once a week
15-4 for three consecutive weeks in a newspaper of general circulation
15-5 in each county in which the operation is to be conducted.
15-6 SECTION 1.44. PROOF OF PUBLICATION; AFFIDAVIT. The applicant
15-7 shall file proof of the publication, together with the publishers'
15-8 affidavits, with the department during the 15-day period
15-9 immediately after the date of the last publication.
15-10 SECTION 1.45. PROOF OF FINANCIAL RESPONSIBILITY. Proof of
15-11 financial responsibility is made by showing to the satisfaction of
15-12 the department that the license holder has the ability to respond
15-13 in damages for liability that might reasonably result from the
15-14 operation for which the permit is sought.
15-15 SECTION 1.46. MODIFICATION OF PERMIT. The department may
15-16 modify the terms and conditions of a permit if:
15-17 (1) the license holder is first given notice and a
15-18 reasonable opportunity for a hearing on the need for a
15-19 modification; and
15-20 (2) it appears to the department that a modification
15-21 is necessary to protect the health or property of any person.
15-22 SECTION 1.47. SCOPE OF ACTIVITY. Once a permit is issued,
15-23 the license holder shall confine the license holder's activities
15-24 substantially within the limits of time and area specified in the
15-25 notice of intention, except to the extent that the limits are
15-26 modified by the department. The license holder shall comply with
15-27 any terms and conditions of the permit as originally issued or as
16-1 subsequently modified by the department.
16-2 SECTION 1.48. RECORDS AND REPORTS. (a) A license holder
16-3 shall keep a record of each operation conducted under a permit,
16-4 showing:
16-5 (1) the method employed;
16-6 (2) the type of equipment used;
16-7 (3) the kind and amount of each material used;
16-8 (4) the times and places the equipment is operated;
16-9 (5) the name and mailing address of each individual,
16-10 other than the license holder, who participates or assists in the
16-11 operation; and
16-12 (6) other information required by the department.
16-13 (b) The department shall require written reports covering
16-14 each operation, whether the operation is exempt or conducted under
16-15 a permit. A license holder shall submit a written report at the
16-16 time and in the manner required by the department.
16-17 (c) All information on an operation shall be submitted to
16-18 the department before it is released to the public.
16-19 (d) The reports and records in the custody of the department
16-20 shall be kept open for public inspection.
16-21 SUBCHAPTER D. SANCTIONS
16-22 SECTION 1.51. A person who violates this article is subject
16-23 to Subchapters F and G, Chapter 51, Occupations Code, in the same
16-24 manner as a person regulated by the Texas Department of Licensing
16-25 and Regulation under other law is subject to those subchapters.
16-26 SECTION 1.52. ACT OF GOD. If a person can establish that an
16-27 event that would otherwise be a violation of this article or a rule
17-1 adopted or order or permit issued under this article was caused
17-2 solely by an act of God, war, strike, riot, or other catastrophe,
17-3 the event is not a violation of this article or a rule, order, or
17-4 permit issued under this article.
17-5 SECTION 1.53. DEFENSE EXCLUDED. Unless otherwise provided by
17-6 this article, the fact that a person holds a permit issued by the
17-7 department does not relieve that person from liability for the
17-8 violation of this article or a rule adopted or order or permit
17-9 issued under this article.
17-10 SUBCHAPTER E. REVOCATION AND SUSPENSION
17-11 SECTION 1.61. DEFINITIONS. In this subchapter, "permit
17-12 holder" includes each member of a partnership or association that
17-13 is a permit holder and, with respect to a corporation that is a
17-14 permit holder, each officer and the owner or owners of a majority
17-15 of the corporate stock, provided that the member or owner controls
17-16 at least 20 percent of the permit holder.
17-17 SECTION 1.62. GROUNDS FOR REVOCATION OR SUSPENSION OF
17-18 PERMIT. After notice and hearing, the department may revoke or
17-19 suspend a permit issued under this article on any of the following
17-20 grounds:
17-21 (1) violating any term or condition of the permit, and
17-22 revocation or suspension is necessary to maintain the quality of
17-23 water or the quality of air in the state, or to otherwise protect
17-24 human health and the environment consistent with the objectives of
17-25 the law within the department's jurisdiction;
17-26 (2) having a record of environmental violations in the
17-27 preceding five years at the permitted site;
18-1 (3) causing a discharge, release, or emission
18-2 contravening a pollution control standard set by the department or
18-3 contravening the intent of a law within the department's
18-4 jurisdiction;
18-5 (4) misrepresenting or failing to disclose fully all
18-6 relevant facts in obtaining the permit or misrepresenting to the
18-7 department any relevant fact at any time;
18-8 (5) being indebted to the state for fees, payment of
18-9 penalties, or taxes imposed by the law within the department's
18-10 jurisdiction;
18-11 (6) failing to ensure that the management of the
18-12 permitted facility conforms or will conform to the law within the
18-13 department's jurisdiction;
18-14 (7) abandoning the permit or operations under the
18-15 permit;
18-16 (8) the department's finding that a change in
18-17 conditions requires elimination of the discharge authorized by the
18-18 permit; or
18-19 (9) failing to continue to possess qualifications
18-20 necessary for the issuance of the permit.
18-21 SECTION 1.63. GROUNDS FOR REVOCATION OR SUSPENSION OF
18-22 LICENSE. This section applies to a license issued under this
18-23 article or a rule adopted under this article. After notice and
18-24 hearing, the department may suspend or revoke a license issued
18-25 under this article, place on probation a person whose license has
18-26 been suspended, reprimand a license holder, or refuse to renew or
18-27 reissue a license on any of the following grounds:
19-1 (1) having a record of environmental violations in the
19-2 preceding five years at a permit site;
19-3 (2) committing fraud or deceit in obtaining the
19-4 license;
19-5 (3) demonstrating gross negligence, incompetency, or
19-6 misconduct while acting as license holder;
19-7 (4) making an intentional misstatement or
19-8 misrepresentation of fact in information required to be maintained
19-9 or submitted to the department by the license holder;
19-10 (5) failing to keep and transmit records as required
19-11 by a law within the department's jurisdiction;
19-12 (6) being indebted to the state for a fee, payment of
19-13 a penalty, or a tax imposed by a law within the department's
19-14 jurisdiction; or
19-15 (7) failing to continue to possess qualifications
19-16 necessary for the issuance of the license.
19-17 SECTION 1.64. PROCEDURES. The department by rule shall
19-18 establish procedures for public notice and any public hearing under
19-19 this subchapter.
19-20 SECTION 1.65. HEARINGS. A hearing under this subchapter
19-21 shall be conducted in accordance with the hearing rules adopted by
19-22 the department and the applicable provisions of Chapter 2001,
19-23 Government Code.
19-24 SECTION 1.66. CONSENT. If a permit holder or license holder
19-25 requests or consents to the revocation or suspension of the permit
19-26 or license, the commissioner may revoke or suspend the permit or
19-27 license without a hearing.
20-1 SECTION 1.67. OTHER RELIEF. A proceeding brought by the
20-2 department under this subchapter does not affect the department's
20-3 authority to bring suit for injunctive relief or a penalty, or
20-4 both, under this article.
20-5 SECTION 1.68. PROBATION REQUIREMENTS. If a license
20-6 suspension is probated, the department may require the license
20-7 holder:
20-8 (1) to report regularly to the department on matters
20-9 that are the basis of the probation;
20-10 (2) to limit activities to the areas prescribed by the
20-11 department; or
20-12 (3) to continue or renew professional education until
20-13 the registrant attains a degree of skill satisfactory to the
20-14 department in those areas that are the basis of the probation.
20-15 SUBCHAPTER F. IMMUNITY; LEGAL RELATIONSHIPS
20-16 SECTION 1.71. IMMUNITY OF STATE. The state and its officers
20-17 and employees are immune from liability for all weather
20-18 modification and control activities conducted by private persons or
20-19 groups.
20-20 SECTION 1.72. PRIVATE LEGAL RELATIONSHIPS. (a) This article
20-21 does not affect private legal relationships, except that an
20-22 operation conducted under the license and permit requirements of
20-23 this article is not an ultrahazardous activity that makes the
20-24 participants subject to liability without fault.
20-25 (b) The fact that a person holds a license or permit under
20-26 this article or that the person has complied with this article or
20-27 the regulations issued under this article is not admissible as
21-1 evidence in any legal proceeding brought against the person.
21-2 ARTICLE 2
21-3 SECTION 2.01. Title 2, Agriculture Code, is amended by adding
21-4 Chapter 20 to read as follows:
21-5 CHAPTER 20. WEATHER MODIFICATION AND CONTROL GRANT PROGRAM
21-6 Sec. 20.001. FINDINGS. The legislature finds that weather
21-7 modification and control activities may have a significant impact
21-8 on Texas agriculture. The legislature further finds that the
21-9 Department of Agriculture is the proper state agency to administer
21-10 grants to political subdivisions for weather modification and
21-11 control activities.
21-12 Sec. 20.002. DEFINITION. In this chapter, "weather
21-13 modification and control" means changing or controlling, or
21-14 attempting to change or control, by artificial methods the natural
21-15 development of atmospheric cloud forms or precipitation forms that
21-16 occur in the troposphere.
21-17 Sec. 20.003. WEATHER MODIFICATION AND CONTROL GRANT PROGRAM.
21-18 The department shall develop and administer a program awarding
21-19 matching grants to political subdivisions of this state for weather
21-20 modification and control.
21-21 Sec. 20.004. RULES. The department may adopt rules necessary
21-22 to administer this chapter.
21-23 Sec. 20.005. CONTRACTS. The department may enter into
21-24 contracts with public or private entities to assist the department
21-25 in the administration or evaluation of the weather modification and
21-26 control grant program or to conduct research relating to the
21-27 effectiveness of weather modification and control activities.
22-1 Sec. 20.006. FUNDING. The department may solicit and accept
22-2 gifts, grants, and other donations from any source to administer
22-3 the weather modification and control grant program.
22-4 ARTICLE 3
22-5 SECTION 3.01. Section 5.013(a), Water Code, is amended to
22-6 read as follows:
22-7 (a) The commission has general jurisdiction over:
22-8 (1) water and water rights including the issuance of
22-9 water rights permits, water rights adjudication, cancellation of
22-10 water rights, and enforcement of water rights;
22-11 (2) continuing supervision over districts created
22-12 under Article III, Sections 52(b)(1) and (2), and Article XVI,
22-13 Section 59, of the Texas Constitution;
22-14 (3) the state's water quality program including
22-15 issuance of permits, enforcement of water quality rules, standards,
22-16 orders, and permits, and water quality planning;
22-17 (4) [the state's weather modification program
22-18 including the issuance of permits and licenses and the enforcement
22-19 of permits, licenses, rules, standards, and orders relating to
22-20 weather modification;]
22-21 [(5)] the determination of the feasibility of certain
22-22 federal projects;
22-23 (5) [(6)] the adoption and enforcement of rules and
22-24 performance of other acts relating to the safe construction,
22-25 maintenance, and removal of dams;
22-26 (6) [(7)] conduct of the state's hazardous spill
22-27 prevention and control program;
23-1 (7) [(8)] the administration of the state's program
23-2 relating to inactive hazardous substance, pollutant, and
23-3 contaminant disposal facilities;
23-4 (8) [(9)] the administration of a portion of the
23-5 state's injection well program;
23-6 (9) [(10)] the administration of the state's programs
23-7 involving underground water and water wells and drilled and mined
23-8 shafts;
23-9 (10) [(11)] the state's responsibilities relating to
23-10 regional waste disposal;
23-11 (11) [(12)] the responsibilities assigned to the
23-12 commission by Chapters 361, 363, 382, 401, and 402, Health and
23-13 Safety Code;
23-14 (12) [(13)] the administration of the national flood
23-15 insurance program;
23-16 (13) [(14)] administration of the state's water rate
23-17 program under Chapter 13 of this code; and
23-18 (14) [(15)] any other areas assigned to the commission
23-19 by this code and other laws of this state.
23-20 SECTION 3.02. Section 7.052(a), Water Code, is amended to
23-21 read as follows:
23-22 (a) The amount of the penalty for a violation of Chapter
23-23 [18,] 32, 33, or 34 of this code or Chapter 366, 371, or 372,
23-24 Health and Safety Code, may not exceed $2,500 a day for each
23-25 violation.
23-26 SECTION 3.03. Section 7.102, Water Code, is amended to read
23-27 as follows:
24-1 Sec. 7.102. MAXIMUM PENALTY. A person who causes, suffers,
24-2 allows, or permits a violation of a statute, rule, order, or permit
24-3 relating to Chapter [18,] 32, 33, or 34 of this code or Chapter
24-4 366, 371, or 372, Health and Safety Code, shall be assessed for
24-5 each violation a civil penalty not less than $50 nor greater than
24-6 $5,000 for each day of each violation as the court or jury
24-7 considers proper. A person who causes, suffers, allows, or permits
24-8 a violation of a statute, rule, order, or permit relating to any
24-9 other matter within the commission's jurisdiction to enforce, other
24-10 than violations of Chapter 11, 12, 13, 16, or 36 of this code, or
24-11 Chapter 341, Health and Safety Code, shall be assessed for each
24-12 violation a civil penalty not less than $50 nor greater than
24-13 $25,000 for each day of each violation as the court or jury
24-14 considers proper. Each day of a continuing violation is a separate
24-15 violation.
24-16 SECTION 3.04. Section 7.302, Water Code, is amended to read
24-17 as follows:
24-18 Sec. 7.302. GROUNDS FOR REVOCATION OR SUSPENSION OF PERMIT.
24-19 (a) This section applies to a permit or exemption issued by the
24-20 commission under:
24-21 (1) Chapter [18,] 26, 27, 28, or 31 of this code;
24-22 (2) Subchapter C or R, Chapter 361, Health and Safety
24-23 Code;
24-24 (3) Subchapter D, Chapter 366, Health and Safety Code;
24-25 (4) Chapter 382, Health and Safety Code; or
24-26 (5) a rule adopted under any of those provisions.
24-27 (b) After notice and hearing, the commission may revoke,
25-1 suspend, or revoke and reissue a permit or exemption on any of the
25-2 following grounds:
25-3 (1) violating any term or condition of the permit, and
25-4 revocation, suspension, or revocation and reissuance is necessary
25-5 in order to maintain the quality of water or the quality of air in
25-6 the state, or to otherwise protect human health and the environment
25-7 consistent with the objectives of the statutes or rules within the
25-8 commission's jurisdiction;
25-9 (2) having a record of environmental violations in the
25-10 preceding five years at the permitted or exempted site;
25-11 (3) causing a discharge, release, or emission
25-12 contravening a pollution control standard set by the commission or
25-13 contravening the intent of a statute or rule described in
25-14 Subsection (a);
25-15 (4) including a material mistake in a federal
25-16 operating permit issued under Chapter 382, Health and Safety Code,
25-17 or making an inaccurate statement in establishing an emissions
25-18 standard or other term or condition of a federal operating permit;
25-19 (5) misrepresenting or failing to disclose fully all
25-20 relevant facts in obtaining the permit or misrepresenting to the
25-21 commission any relevant fact at any time;
25-22 (6) a permit holder being indebted to the state for
25-23 fees, payment of penalties, or taxes imposed by the statutes or
25-24 rules within the commission's jurisdiction;
25-25 (7) a permit holder failing to ensure that the
25-26 management of the permitted facility conforms or will conform to
25-27 the statutes and rules within the commission's jurisdiction;
26-1 (8) the permit is subject to cancellation or
26-2 suspension under Section 26.084;
26-3 (9) abandoning the permit or operations under the
26-4 permit; or
26-5 (10) the commission finds that a change in conditions
26-6 requires elimination of the discharge authorized by the permit[; or]
26-7 [(11) with respect to a permit issued under Chapter
26-8 18, failing to continue to possess qualifications necessary for the
26-9 issuance of an original permit].
26-10 SECTION 3.05. Section 7.303, Water Code, is amended to read
26-11 as follows:
26-12 Sec. 7.303. GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE,
26-13 CERTIFICATE, OR REGISTRATION. (a) This section applies to a
26-14 license, certificate, or registration issued:
26-15 (1) by the commission under:
26-16 (A) Section 26.0301 or 26.459 of this code;
26-17 (B) Chapter [18,] 32, 33, or 34 of this code;
26-18 (C) Section 361.0861, 361.092, or 361.112,
26-19 Health and Safety Code; or
26-20 (D) Chapter 366, 371, or 401, Health and Safety
26-21 Code;
26-22 (2) by a county under Subchapter E, Chapter 361,
26-23 Health and Safety Code; or
26-24 (3) under a rule adopted under any of those
26-25 provisions.
26-26 (b) After notice and hearing, the commission may suspend or
26-27 revoke a license, certificate, or registration the commission or a
27-1 county has issued, place on probation a person whose license,
27-2 certificate, or registration has been suspended, reprimand the
27-3 holder of a license, certificate, or registration, or refuse to
27-4 renew or reissue a license, certificate, or registration on any of
27-5 the following grounds:
27-6 (1) having a record of environmental violations in the
27-7 preceding five years at the licensed, certified, or registered
27-8 site;
27-9 (2) committing fraud or deceit in obtaining the
27-10 license, certificate, or registration;
27-11 (3) demonstrating gross negligence, incompetency, or
27-12 misconduct while acting as holder of a license, certificate, or
27-13 registration;
27-14 (4) making an intentional misstatement or
27-15 misrepresentation of fact in information required to be maintained
27-16 or submitted to the commission by the holder of the license,
27-17 certificate, or registration;
27-18 (5) failing to keep and transmit records as required
27-19 by a statute within the commission's jurisdiction or a rule adopted
27-20 under such a statute;
27-21 (6) being indebted to the state for a fee, payment of
27-22 a penalty, or a tax imposed by a statute within the commission's
27-23 jurisdiction or a rule adopted under such a statute;
27-24 (7) [with respect to a license issued under Chapter
27-25 18, failing to continue to possess qualifications necessary for the
27-26 issuance of an original license;]
27-27 [(8)] with respect to a certificate of competency
28-1 issued under Section 26.0301, violating a discharge permit of a
28-2 sewage treatment plant, unless:
28-3 (A) the holder of the certificate is unable to
28-4 properly operate the sewage treatment facility due to the refusal
28-5 of the permit holder to authorize necessary expenditures to operate
28-6 the sewage treatment facility properly; or
28-7 (B) failure of the sewage treatment facility to
28-8 comply with its discharge permit results from faulty design of the
28-9 sewage treatment facility;
28-10 (8) [(9)] with respect to a license issued under
28-11 Chapter 32, failing to advise a person for whom a well is being
28-12 drilled that injurious water has been encountered, is a pollution
28-13 hazard, and must be immediately plugged in an acceptable manner;
28-14 (9) [(10)] with respect to a registration issued under
28-15 Chapter 366, Health and Safety Code, violating that chapter or a
28-16 rule adopted under that chapter; or
28-17 (10) [(11)] with respect to a license issued under
28-18 Subchapter E, Chapter 361, Health and Safety Code, violating that
28-19 chapter or another applicable law or a commission rule governing
28-20 the processing, storage, or disposal of solid waste.
28-21 SECTION 3.06. Chapter 18 and Section 7.144, Water Code, are
28-22 repealed.
28-23 SECTION 3.07. (a) On the effective date of this Act, all
28-24 powers, duties, obligations, rights, contracts, records, employees,
28-25 property, and unspent and unobligated appropriations and other
28-26 funds of the Texas Natural Resource Conservation Commission that
28-27 are used by that agency on the effective date of this Act to
29-1 administer the weather modification program are transferred to the
29-2 Texas Department of Licensing and Regulation.
29-3 (b) All rules, policies, procedures, and decisions that
29-4 affect the weather modification program are continued in effect
29-5 until superseded by a rule or other appropriate action of the Texas
29-6 Department of Licensing and Regulation.
29-7 (c) Any action or proceeding before the Texas Natural
29-8 Resource Conservation Commission relating to the weather
29-9 modification program is transferred without change in status to the
29-10 Texas Department of Licensing and Regulation, and the Texas
29-11 Department of Licensing and Regulation assumes, without change in
29-12 status, the position of the Texas Natural Resource Conservation
29-13 Commission in any action or proceeding relating to the weather
29-14 modification program to which the Texas Natural Resource
29-15 Conservation Commission is a party.
29-16 (d) The weather modification program established under
29-17 Chapter 18, Water Code, is abolished on the effective date of this
29-18 Act. The Texas Natural Resource Conservation Commission may not
29-19 award a grant under that program on or after that date. All
29-20 unobligated and unexpended balances in the weather modification
29-21 fund are transferred on the effective date of this Act to the
29-22 control of the Texas Department of Licensing and Regulation.
29-23 (e) The Texas Department of Licensing and Regulation shall
29-24 adopt rules to implement Article 1 of this Act not later than
29-25 December 31, 2001.
29-26 ARTICLE 4
29-27 SECTION 4.01. This Act takes effect September 1, 2001.