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.