By: Wentworth S.B. No. 1175
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
1-25 methods the natural development of atmospheric cloud forms or
2-1 precipitation forms that occur in the troposphere.
2-2 (6) "Weather modification and control program" means
2-3 the research, development, licensing, and permitting and other
2-4 associated activities to be administered by the Texas Department of
2-5 Licensing and Regulation.
2-6 (7) "Weather modification and control grant program"
2-7 means the program to award matching grants to political
2-8 subdivisions of this state for weather modification and control to
2-9 be administered by the Department of Agriculture.
2-10 SUBCHAPTER B. POWERS AND DUTIES OF DEPARTMENT
2-11 SECTION 1.11. RULES. The department may adopt rules
2-12 necessary to:
2-13 (1) exercise the powers and perform the duties under
2-14 this article;
2-15 (2) establish procedures and conditions for the
2-16 issuance of licenses and permits under this article; and
2-17 (3) establish standards and instructions to govern the
2-18 carrying out of research or projects in weather modification and
2-19 control that the department considers necessary or desirable to
2-20 minimize danger to health or property.
2-21 SECTION 1.12. STUDIES; INVESTIGATIONS; HEARINGS. The
2-22 department may make any studies or investigations, obtain any
2-23 information, and hold any hearings necessary or proper to
2-24 administer or enforce this article or any rules or orders issued
2-25 under this article.
2-26 SECTION 1.13. ADVISORY COMMITTEES. The department may
3-1 establish advisory committees to advise the department and to make
3-2 recommendations to the department concerning legislation, policies,
3-3 administration, research, and other matters related to the
3-4 department's duties, powers, or functions under this article.
3-5 SECTION 1.14. PERSONNEL. The commissioner may, as provided
3-6 by the General Appropriations Act, appoint and fix the compensation
3-7 of any personnel, including specialists and consultants, necessary
3-8 to perform duties and functions under this article.
3-9 SECTION 1.15. MATERIALS AND EQUIPMENT. The department may
3-10 acquire in the manner provided by law any materials, equipment, and
3-11 facilities necessary to the performance of its duties and functions
3-12 under this article.
3-13 SECTION 1.16. INTERSTATE COMPACTS. The commissioner may
3-14 represent the state in matters pertaining to plans, procedures, or
3-15 negotiations for interstate compacts relating to weather
3-16 modification and control.
3-17 SECTION 1.17. CONTRACTS, COOPERATIVE AGREEMENTS, ETC.
3-18 (a) The department may cooperate with public or private agencies
3-19 to promote the purposes of this article.
3-20 (b) The department may enter into cooperative agreements
3-21 with the United States or any of its agencies, with counties and
3-22 municipalities of this state, or with any private or public
3-23 agencies for conducting weather modification or cloud-seeding
3-24 operations.
3-25 (c) The department may represent the state, counties,
3-26 municipalities, and public and private agencies in contracting with
4-1 private concerns for the performance of weather modification or
4-2 cloud-seeding operations.
4-3 SECTION 1.18. PROMOTION OF RESEARCH AND DEVELOPMENT.
4-4 (a) In order to assist in expanding the theoretical and practical
4-5 knowledge of weather modification and control, the department shall
4-6 promote continuous research and development in:
4-7 (1) the theory and development of methods of weather
4-8 modification and control, including processes, materials, and
4-9 devices related to these methods;
4-10 (2) the use of weather modification and control for
4-11 agricultural, industrial, commercial, and other purposes; and
4-12 (3) the protection of life and property during
4-13 research and operational activities.
4-14 (b) The department with approval of the commissioner may
4-15 conduct and may contract for research and development activities
4-16 relating to the purposes of this section.
4-17 SECTION 1.19. GRANTS, GIFTS, ETC. Subject to any
4-18 limitations imposed by law, the department may accept federal
4-19 grants, private gifts, and donations from any other source. Unless
4-20 the use of the money is restricted or subject to any limitations
4-21 provided by law, the department may spend the money for the
4-22 administration of this article.
4-23 SECTION 1.20. DISPOSITION OF LICENSE AND PERMIT FEES. The
4-24 department shall deposit all license and permit fees in the state
4-25 treasury.
5-1 SUBCHAPTER C. LICENSES AND PERMITS
5-2 SECTION 1.31. LICENSE AND PERMIT REQUIRED. Except as
5-3 provided by rule of the department under Section 1.32 of this
5-4 article, a person may not engage in activities for weather
5-5 modification and control:
5-6 (1) without a weather modification license and weather
5-7 modification permit issued by the department; or
5-8 (2) in violation of any term or condition of the
5-9 license or permit.
5-10 SECTION 1.32. EXEMPTIONS. (a) The department by rule, to
5-11 the extent it considers exemptions practical, shall provide for
5-12 exempting the following activities from the license and permit
5-13 requirements of this article:
5-14 (1) research, development, and experiments conducted
5-15 by state and federal agencies, institutions of higher learning, and
5-16 bona fide nonprofit research organizations;
5-17 (2) laboratory research and experiments;
5-18 (3) activities of an emergent nature for protection
5-19 against fire, frost, sleet, or fog; and
5-20 (4) activities normally conducted for purposes other
5-21 than inducing, increasing, decreasing, or preventing precipitation
5-22 or hail.
5-23 (b) The department by rule may modify or revoke an
5-24 exemption.
5-25 SECTION 1.33. ISSUANCE OF LICENSE. (a) The department, in
5-26 accordance with the rules adopted under this article, shall issue a
6-1 weather modification license to each applicant who:
6-2 (1) pays the license fee; and
6-3 (2) demonstrates, to the satisfaction of the
6-4 department, competence in the field of meteorology that is
6-5 reasonably necessary to engage in weather modification and control
6-6 activities.
6-7 (b) If the applicant is an organization, the competence must
6-8 be demonstrated by the individual or individuals who are to be in
6-9 control and in charge of the operation for the applicant.
6-10 SECTION 1.34. LICENSE FEE. The fee for an original or
6-11 renewal license is $150.
6-12 SECTION 1.35. EXPIRATION DATE. Each original or renewal
6-13 license expires at the end of the state fiscal year for which it
6-14 was issued.
6-15 SECTION 1.36. RENEWAL LICENSE. At the expiration of the
6-16 license period, the department shall issue a renewal license to
6-17 each applicant who pays the license fee and who has the
6-18 qualifications necessary for issuance of an original license.
6-19 SECTION 1.37. ISSUANCE OF PERMIT. (a) The department, in
6-20 accordance with the rules adopted under this article and on a
6-21 finding that the weather modification and control operation as
6-22 proposed in the permit application will not significantly dissipate
6-23 the clouds and prevent their natural course of developing rain in
6-24 the area in which the operation is to be conducted to the material
6-25 detriment of persons or property in that area, and after approval
6-26 at an election if covered by Section 1.41 of this article, may
7-1 issue a weather modification permit to each applicant who:
7-2 (1) holds a valid weather modification license;
7-3 (2) pays the permit fee;
7-4 (3) publishes a notice of intention and submits proof
7-5 of publication as required by this article; and
7-6 (4) furnishes proof of financial responsibility.
7-7 (b) The department shall, if requested by at least 25
7-8 persons, hold at least one public hearing in the area where the
7-9 operation is to be conducted prior to the issuance of a permit.
7-10 SECTION 1.38. PERMIT FEE. The fee for each permit is $75.
7-11 SECTION 1.39. SCOPE OF PERMIT. A separate permit is
7-12 required for each operation. If an operation is to be conducted
7-13 under contract, a permit is required for each separate contract.
7-14 The department may not issue a permit for a contracted operation
7-15 unless it covers a continuous period not to exceed four years.
7-16 SECTION 1.40. APPLICATION AND NOTICE OF INTENTION. Before
7-17 undertaking any operation, a license holder must file an
7-18 application for a permit and have a notice of intention published
7-19 as required by this article.
7-20 SECTION 1.41. ELECTION FOR APPROVAL OF PERMIT THAT INCLUDES
7-21 AUTHORIZATION FOR HAIL SUPPRESSION. (a) In this section:
7-22 (1) "Target area" means that area described by metes
7-23 and bounds or other specific bounded description set out in the
7-24 application for a permit.
7-25 (2) "Operational area" means that area that joins the
7-26 target area and is reasonably necessary to use in order to
8-1 effectuate the purposes over the target area without affecting the
8-2 land or land owners in the operational area.
8-3 (b) No part of an operational area may be more than eight
8-4 miles from the limits of the target area. The operational area
8-5 must be described by metes and bounds or other specific bounded
8-6 description and set out in the application for a permit. If the
8-7 application for a permit does not describe the operational area,
8-8 the department may designate an area located inside and up to eight
8-9 miles from the limits of the target area described in the
8-10 application as the operational area of the permit for the purposes
8-11 of this article.
8-12 (c) A permit may not be issued by the department before the
8-13 end of the 30-day period immediately following the first
8-14 publication of notice and then only in:
8-15 (1) those counties or parts of counties in the target
8-16 area or operational area in which the majority of the qualified
8-17 voters voting have approved or have not disapproved the issuance of
8-18 a permit if an election has been held; or
8-19 (2) any county or part of a county in the target area
8-20 or operational area if no petition for an election has been filed.
8-21 (d) Persons eligible to vote in elections held under this
8-22 section shall include qualified voters in counties or parts of
8-23 counties included in the target area or operational area. If the
8-24 target area or operational area includes only part of a county, an
8-25 election held under this section may be held only in the election
8-26 precincts that are included entirely within or are partially
9-1 included in those areas. All qualified voters in those precincts
9-2 are entitled to vote in these elections.
9-3 (e) On written request of at least 25 qualified voters
9-4 residing in the target area or operational area mentioned in the
9-5 notice requesting an election accompanied by unsigned petitions,
9-6 the county clerk of each county within the target area or
9-7 operational area shall certify and mark for identification
9-8 petitions for circulation. An application for a petition seeking
9-9 an election to disapprove the issuance of a permit must be headed:
9-10 "Application for Election to Disapprove a Weather Modification
9-11 Permit." The application shall contain a statement just ahead of
9-12 the signatures of the applicants stating the following: "It is the
9-13 hope, purpose, and intent of the applicants whose signatures appear
9-14 on this application to see disapproved the issuance of a permit for
9-15 weather modification, including hail suppression." An application
9-16 for a petition seeking an election to approve the issuance of a
9-17 permit shall be headed: "Application for Election to Approve a
9-18 Weather Modification Permit." The application shall contain a
9-19 statement just ahead of the signatures of the applicants as
9-20 follows: "It is the hope, purpose, and intent of the applicants
9-21 whose signatures appear on this petition to see approved the
9-22 issuance of a permit for weather modification, including hail
9-23 suppression." On the return to the county clerks of petitions
9-24 signed by at least 10 percent of the qualified voters residing in
9-25 each county within the target area or operational area in the
9-26 notice requesting an election, the commissioners court of each
10-1 county shall call and hold an election. Notice under Chapter 111,
10-2 Local Government Code, of the commissioners court meeting to call
10-3 and hold the election is not required. The date of the election
10-4 shall be determined by the commissioners court in accordance with
10-5 this section, notwithstanding Sections 41.004 and 41.0041, Election
10-6 Code. The petition must be filed with the clerk of each county
10-7 within 30 days immediately following the first publication of
10-8 notice. The election must be held within 45 days after the date
10-9 the petition is received to determine whether or not the qualified
10-10 voters in the target area or operational area approve the issuance
10-11 of the permit. Immediately on calling the election, the clerk of
10-12 each county within the target area or operational area shall notify
10-13 the commissioner of the date of the election. Except as otherwise
10-14 provided in this article, elections must be held in accordance with
10-15 the Election Code.
10-16 (f) The petition for the election shall read substantially
10-17 as follows: "The following qualified voters of __________ County
10-18 request the Commissioners Court of __________ County to call an
10-19 election at which the qualified voters shall be asked to vote on
10-20 the proposition of whether or not they approve of the issuance of a
10-21 weather modification permit that includes authorization for hail
10-22 suppression (description of area)." Each qualified voter signing
10-23 the petition must give the voter's full name and address and voter
10-24 registration number. Within five days after the date of receiving
10-25 a petition under this section, the commissioners court shall have
10-26 the county clerk of the county check the names on the petition
11-1 against the voter registration lists of the county and certify to
11-2 the commissioners court the number of qualified voters signing the
11-3 petition as reflected by checking the county's voter registration
11-4 lists. If only a part of a county is included in the target area
11-5 or operational area, the county clerk shall also certify that those
11-6 signing the petition reside in an election precinct in the county
11-7 totally or partially included in the target area or operational
11-8 area. On certification by the county clerk, the petition must be
11-9 filed with the official records of the county and be made available
11-10 for public inspection.
11-11 (g) A person filing a petition with the county clerk shall
11-12 deposit with the county clerk an amount of money estimated by the
11-13 county clerk to be sufficient to cover the costs of the election,
11-14 to be held by the county clerk until the result of the election to
11-15 approve or disapprove the issuance of the permit is officially
11-16 announced. If the result of the election favors the party
11-17 petitioning for the election, the county clerk shall return the
11-18 deposit to the person filing the petition or to the person's agent
11-19 or attorney, but if the result of the election does not favor the
11-20 party petitioning for the election, the county clerk shall pay the
11-21 cost and expenses of the election from the deposit and return the
11-22 balance of the deposit to the person filing the petition or to the
11-23 person's agent or attorney.
11-24 (h) The ballots for an election under this section must be
11-25 printed to provide for voting for or against the proposition: "The
11-26 issuance of a permit providing for weather modification, including
12-1 authorization for hail suppression and control in (description of
12-2 area)."
12-3 (i) The order calling the election shall provide for the
12-4 time and place or places for holding the election, the form of the
12-5 ballots, and the presiding judge for each voting place.
12-6 (j) The commissioners court shall publish a copy of the
12-7 election order in a newspaper of general circulation in the county
12-8 or in the part of the county within the target area or operational
12-9 area at least 30 days preceding the day of the election.
12-10 (k) The presiding judge of each voting place shall supervise
12-11 the counting of all votes cast and shall certify the results to the
12-12 commissioners court within five days after the date of the
12-13 election. A copy of the results is to be filed with the county
12-14 clerk and is a public record.
12-15 (l) Within five days after the results are filed, the
12-16 commissioners court shall declare the results.
12-17 (m) The commissioners court of each county holding an
12-18 election shall send certified copies of the results of the election
12-19 to the commissioner within 24 hours after the results are declared
12-20 under Subsection (k) of this section.
12-21 (n) If a majority of the qualified voters voting in the
12-22 election precincts any part of which are located in the target area
12-23 vote against issuance of the permit, a permit may not be issued.
12-24 If a majority of the qualified voters voting in the election
12-25 precincts any part of which are located within the target area vote
12-26 in favor of issuance of the permit, the department may issue the
13-1 permit as provided in this subchapter, except that if a majority of
13-2 the qualified voters voting in either of the following areas vote
13-3 against issuance of the permit, those areas must be excluded from
13-4 the coverage of the permit:
13-5 (1) any election precinct any part of which is located
13-6 in the operational area; or
13-7 (2) any election precinct located wholly within the
13-8 target area and contiguous with its outer boundary.
13-9 (o) If the department finds that a weather modification and
13-10 control operation is still feasible, a permit may be issued
13-11 covering areas in which no election is requested or areas in which
13-12 the voters give their approval as provided in this section.
13-13 (p) If a permit is denied under Subsection (n) of this
13-14 section, an application for a permit covering all or part of the
13-15 same target area or operational area that was denied may not be
13-16 considered, and for a period of two years following the date of the
13-17 election, a permit under that application may not be issued by the
13-18 department and an election may not be held under this article.
13-19 (q) If a permit including authorization for hail suppression
13-20 is to cover only a part of a county, only those qualified voters
13-21 residing in an election precinct or precincts of the county
13-22 included in the target area or operational area are eligible to
13-23 sign a petition and to vote at an election under this section. In
13-24 computing the vote, only a majority of qualified voters residing in
13-25 those areas and voting in the election is necessary to carry the
13-26 proposition in that county.
14-1 (r) A permit may not be issued that provides for or allows
14-2 the seeding of clouds for hail suppression outside the target area
14-3 or within those counties or parts of counties located in the
14-4 operational or target areas that were excluded from the coverage of
14-5 the permit by an election under Subsection (n) of this section.
14-6 Seeding may be done in those counties or parts of counties located
14-7 in the operational or target area that were not excluded from the
14-8 coverage of the permit by virtue of an election under Subsection
14-9 (n) of this section, provided the seeding is reasonably calculated
14-10 to take effect only within the target area. This subsection does
14-11 not prohibit the observation of cloud and cloud formations.
14-12 (s) The department may monitor any program under conditions
14-13 the department determines advisable.
14-14 (t) On petition as provided in this section, the
14-15 commissioners court of any county outside but adjacent to a county
14-16 included in the operational area of an existing or proposed permit
14-17 shall call and hold an election on the proposition of whether or
14-18 not the qualified voters of the county approve of the issuance of
14-19 any permit authorizing hail suppression in the county. If the
14-20 county voters voting in the election disapprove the issuance of
14-21 permits authorizing hail suppression, the department may not issue
14-22 a permit covering the county until the proposition has been
14-23 approved at a subsequent election.
14-24 (u) If any county or part of a county has disapproved the
14-25 issuance of a permit at the previous election held under this
14-26 section, that county or part of a county may not be included in any
15-1 permit issued by the department until the voters of that county or
15-2 part of a county have participated in a subsequent election at
15-3 which a permit is approved. The applicant for a permit that
15-4 includes that county or part of a county has the burden of
15-5 petitioning for an election and depositing costs in the manner
15-6 provided by this section for the original election to approve or
15-7 disapprove a permit.
15-8 (v) The department by rule shall define hail suppression as
15-9 used in this section, using the most current scientifically
15-10 accepted technological concepts.
15-11 SECTION 1.42. CONTENT OF NOTICE. In the notice of
15-12 intention, the applicant must include:
15-13 (1) the name and address of the license holder;
15-14 (2) the nature and object of the intended operation
15-15 and the person or organization on whose behalf it is to be
15-16 conducted;
15-17 (3) the area in which and the approximate time during
15-18 which the operation is to be conducted;
15-19 (4) the area that is intended to be affected by the
15-20 operation; and
15-21 (5) the materials and methods to be used in conducting
15-22 the operation.
15-23 SECTION 1.43. PUBLICATION OF NOTICE. The notice of
15-24 intention required under Section 1.40 of this article must be
15-25 published at least once a week for three consecutive weeks in a
15-26 newspaper of general circulation in each county in which the
16-1 operation is to be conducted.
16-2 SECTION 1.44. PROOF OF PUBLICATION; AFFIDAVIT. The
16-3 applicant shall file proof of the publication, together with the
16-4 publishers' affidavits, with the department during the 15-day
16-5 period immediately after the date of the last publication.
16-6 SECTION 1.45. PROOF OF FINANCIAL RESPONSIBILITY. Proof of
16-7 financial responsibility is made by showing to the satisfaction of
16-8 the department that the license holder has the ability to respond
16-9 in damages for liability that might reasonably result from the
16-10 operation for which the permit is sought.
16-11 SECTION 1.46. MODIFICATION OF PERMIT. The department may
16-12 modify the terms and conditions of a permit if:
16-13 (1) the license holder is first given notice and a
16-14 reasonable opportunity for a hearing on the need for a
16-15 modification; and
16-16 (2) it appears to the department that a modification
16-17 is necessary to protect the health or property of any person.
16-18 SECTION 1.47. SCOPE OF ACTIVITY. Once a permit is issued,
16-19 the license holder shall confine the license holder's activities
16-20 substantially within the limits of time and area specified in the
16-21 notice of intention, except to the extent that the limits are
16-22 modified by the department. The license holder shall comply with
16-23 any terms and conditions of the permit as originally issued or as
16-24 subsequently modified by the department.
16-25 SECTION 1.48. RECORDS AND REPORTS. (a) A license holder
16-26 shall keep a record of each operation conducted under a permit,
17-1 showing:
17-2 (1) the method employed;
17-3 (2) the type of equipment used;
17-4 (3) the kind and amount of each material used;
17-5 (4) the times and places the equipment is operated;
17-6 (5) the name and mailing address of each individual,
17-7 other than the license holder, who participates or assists in the
17-8 operation; and
17-9 (6) other information required by the department.
17-10 (b) The department shall require written reports covering
17-11 each operation, whether the operation is exempt or conducted under
17-12 a permit. A license holder shall submit a written report at the
17-13 time and in the manner required by the department.
17-14 (c) All information on an operation shall be submitted to
17-15 the department before it is released to the public.
17-16 (d) The reports and records in the custody of the department
17-17 shall be kept open for public inspection.
17-18 SUBCHAPTER D. SANCTIONS
17-19 SECTION 1.51. PENALTIES. A person who violates this article
17-20 is subject to Subchapters F and G, Chapter 51, Occupations Code, in
17-21 the same manner as a person regulated by the department under other
17-22 law is subject to those subchapters.
17-23 SECTION 1.52. ACT OF GOD. If a person can establish that an
17-24 event that would otherwise be a violation of this article or a rule
17-25 adopted or order or permit issued under this article was caused
17-26 solely by an act of God, war, strike, riot, or other catastrophe,
18-1 the event is not a violation of this article or a rule, order, or
18-2 permit issued under this article.
18-3 SECTION 1.53. DEFENSE EXCLUDED. Unless otherwise provided
18-4 by this article, the fact that a person holds a permit issued by
18-5 the department does not relieve that person from liability for the
18-6 violation of this article or a rule adopted or order or permit
18-7 issued under this article.
18-8 SUBCHAPTER E. REVOCATION AND SUSPENSION
18-9 SECTION 1.61. DEFINITIONS. In this subchapter, "permit
18-10 holder" includes each member of a partnership or association that
18-11 is a permit holder and, with respect to a corporation that is a
18-12 permit holder, each officer and the owner or owners of a majority
18-13 of the corporate stock, provided that the member or owner controls
18-14 at least 20 percent of the permit holder.
18-15 SECTION 1.62. GROUNDS FOR REVOCATION OR SUSPENSION OF
18-16 PERMIT. After notice and hearing, the department may revoke or
18-17 suspend a permit issued under this article on any of the following
18-18 grounds:
18-19 (1) violating any term or condition of the permit, and
18-20 revocation or suspension is necessary to maintain the quality of
18-21 water or the quality of air in the state, or to otherwise protect
18-22 human health and the environment consistent with the objectives of
18-23 the law within the department's jurisdiction;
18-24 (2) having a record of environmental violations in the
18-25 preceding five years at the permitted site;
18-26 (3) causing a discharge, release, or emission
19-1 contravening a pollution control standard set by the department or
19-2 contravening the intent of a law within the department's
19-3 jurisdiction;
19-4 (4) misrepresenting or failing to disclose fully all
19-5 relevant facts in obtaining the permit or misrepresenting to the
19-6 department any relevant fact at any time;
19-7 (5) being indebted to the state for fees, payment of
19-8 penalties, or taxes imposed by the law within the department's
19-9 jurisdiction;
19-10 (6) failing to ensure that the management of the
19-11 permitted facility conforms or will conform to the law within the
19-12 department's jurisdiction;
19-13 (7) abandoning the permit or operations under the
19-14 permit;
19-15 (8) the department's finding that a change in
19-16 conditions requires elimination of the discharge authorized by the
19-17 permit; or
19-18 (9) failing to continue to possess qualifications
19-19 necessary for the issuance of the permit.
19-20 SECTION 1.63. GROUNDS FOR REVOCATION OR SUSPENSION OF
19-21 LICENSE. This section applies to a license issued under this
19-22 article or a rule adopted under this article. After notice and
19-23 hearing, the department may suspend or revoke a license issued
19-24 under this article, place on probation a person whose license has
19-25 been suspended, reprimand a license holder, or refuse to renew or
19-26 reissue a license on any of the following grounds:
20-1 (1) having a record of environmental violations in the
20-2 preceding five years at a permit site;
20-3 (2) committing fraud or deceit in obtaining the
20-4 license;
20-5 (3) demonstrating gross negligence, incompetency, or
20-6 misconduct while acting as license holder;
20-7 (4) making an intentional misstatement or
20-8 misrepresentation of fact in information required to be maintained
20-9 or submitted to the department by the license holder;
20-10 (5) failing to keep and transmit records as required
20-11 by a law within the department's jurisdiction;
20-12 (6) being indebted to the state for a fee, payment of
20-13 a penalty, or a tax imposed by a law within the department's
20-14 jurisdiction; or
20-15 (7) failing to continue to possess qualifications
20-16 necessary for the issuance of the license.
20-17 SECTION 1.64. PROCEDURES. The department by rule shall
20-18 establish procedures for public notice and any public hearing under
20-19 this subchapter.
20-20 SECTION 1.65. HEARINGS. A hearing under this subchapter
20-21 shall be conducted in accordance with the hearing rules adopted by
20-22 the department and the applicable provisions of Chapter 2001,
20-23 Government Code.
20-24 SECTION 1.66. CONSENT. If a permit holder or license holder
20-25 requests or consents to the revocation or suspension of the permit
20-26 or license, the commissioner may revoke or suspend the permit or
21-1 license without a hearing.
21-2 SECTION 1.67. OTHER RELIEF. A proceeding brought by the
21-3 department under this subchapter does not affect the department's
21-4 authority to bring suit for injunctive relief or a penalty, or
21-5 both, under this article.
21-6 SECTION 1.68. PROBATION REQUIREMENTS. If a license
21-7 suspension is probated, the department may require the license
21-8 holder:
21-9 (1) to report regularly to the department on matters
21-10 that are the basis of the probation;
21-11 (2) to limit activities to the areas prescribed by the
21-12 department; or
21-13 (3) to continue or renew professional education until
21-14 the registrant attains a degree of skill satisfactory to the
21-15 department in those areas that are the basis of the probation.
21-16 SUBCHAPTER F. IMMUNITY; LEGAL RELATIONSHIPS
21-17 SECTION 1.71. IMMUNITY OF STATE. The state and its officers
21-18 and employees are immune from liability for all weather
21-19 modification and control activities conducted by private persons or
21-20 groups.
21-21 SECTION 1.72. PRIVATE LEGAL RELATIONSHIPS. (a) This
21-22 article does not affect private legal relationships, except that an
21-23 operation conducted under the license and permit requirements of
21-24 this article is not an ultrahazardous activity that makes the
21-25 participants subject to liability without fault.
21-26 (b) The fact that a person holds a license or permit under
22-1 this article or that the person has complied with this article or
22-2 the regulations issued under this article is not admissible as
22-3 evidence in any legal proceeding brought against the person.
22-4 ARTICLE 2
22-5 SECTION 2.01. Title 2, Agriculture Code, is amended by
22-6 adding Chapter 20 to read as follows:
22-7 CHAPTER 20. WEATHER MODIFICATION AND CONTROL GRANT PROGRAM
22-8 Sec. 20.001. FINDINGS. The legislature finds that weather
22-9 modification and control activities may have a significant impact
22-10 on Texas agriculture. The legislature further finds that the
22-11 Department of Agriculture is the proper state agency to administer
22-12 grants to political subdivisions for weather modification and
22-13 control activities.
22-14 Sec. 20.002. DEFINITION. In this chapter, "weather
22-15 modification and control" means changing or controlling, or
22-16 attempting to change or control, by artificial methods the natural
22-17 development of atmospheric cloud forms or precipitation forms that
22-18 occur in the troposphere.
22-19 Sec. 20.003. WEATHER MODIFICATION AND CONTROL GRANT PROGRAM.
22-20 The department shall develop and administer a program awarding
22-21 matching grants to political subdivisions of this state for weather
22-22 modification and control.
22-23 Sec. 20.004. RULES. The department may adopt rules
22-24 necessary to administer this chapter.
22-25 Sec. 20.005. CONTRACTS. The department may enter into
22-26 contracts with public or private entities to assist the department
23-1 in the administration or evaluation of the weather modification and
23-2 control grant program or to conduct research relating to the
23-3 effectiveness of weather modification and control activities.
23-4 Sec. 20.006. FUNDING. The department may accept
23-5 appropriations and may solicit and accept gifts, grants, and other
23-6 donations from any source to administer the weather modification
23-7 and control grant program.
23-8 ARTICLE 3
23-9 SECTION 3.01. Subsection (a), Section 5.013, Water Code, is
23-10 amended to read as follows:
23-11 (a) The commission has general jurisdiction over:
23-12 (1) water and water rights including the issuance of
23-13 water rights permits, water rights adjudication, cancellation of
23-14 water rights, and enforcement of water rights;
23-15 (2) continuing supervision over districts created
23-16 under Article III, Sections 52(b)(1) and (2), and Article XVI,
23-17 Section 59, of the Texas Constitution;
23-18 (3) the state's water quality program including
23-19 issuance of permits, enforcement of water quality rules, standards,
23-20 orders, and permits, and water quality planning;
23-21 (4) [the state's weather modification program
23-22 including the issuance of permits and licenses and the enforcement
23-23 of permits, licenses, rules, standards, and orders relating to
23-24 weather modification;]
23-25 [(5)] the determination of the feasibility of certain
23-26 federal projects;
24-1 (5) [(6)] the adoption and enforcement of rules and
24-2 performance of other acts relating to the safe construction,
24-3 maintenance, and removal of dams;
24-4 (6) [(7)] conduct of the state's hazardous spill
24-5 prevention and control program;
24-6 (7) [(8)] the administration of the state's program
24-7 relating to inactive hazardous substance, pollutant, and
24-8 contaminant disposal facilities;
24-9 (8) [(9)] the administration of a portion of the
24-10 state's injection well program;
24-11 (9) [(10)] the administration of the state's programs
24-12 involving underground water and water wells and drilled and mined
24-13 shafts;
24-14 (10) [(11)] the state's responsibilities relating to
24-15 regional waste disposal;
24-16 (11) [(12)] the responsibilities assigned to the
24-17 commission by Chapters 361, 363, 382, 401, and 402, Health and
24-18 Safety Code;
24-19 (12) [(13)] the administration of the national flood
24-20 insurance program;
24-21 (13) [(14)] administration of the state's water rate
24-22 program under Chapter 13 of this code; and
24-23 (14) [(15)] any other areas assigned to the commission
24-24 by this code and other laws of this state.
24-25 SECTION 3.02. Subsection (a), Section 7.052, Water Code, is
24-26 amended to read as follows:
25-1 (a) The amount of the penalty for a violation of Chapter
25-2 [18,] 32, 33, or 34 of this code or Chapter 366, 371, or 372,
25-3 Health and Safety Code, may not exceed $2,500 a day for each
25-4 violation.
25-5 SECTION 3.03. Section 7.102, Water Code, is amended to read
25-6 as follows:
25-7 Sec. 7.102. MAXIMUM PENALTY. A person who causes, suffers,
25-8 allows, or permits a violation of a statute, rule, order, or permit
25-9 relating to Chapter [18,] 32, 33, or 34 of this code or Chapter
25-10 366, 371, or 372, Health and Safety Code, shall be assessed for
25-11 each violation a civil penalty not less than $50 nor greater than
25-12 $5,000 for each day of each violation as the court or jury
25-13 considers proper. A person who causes, suffers, allows, or permits
25-14 a violation of a statute, rule, order, or permit relating to any
25-15 other matter within the commission's jurisdiction to enforce, other
25-16 than violations of Chapter 11, 12, 13, 16, or 36 of this code, or
25-17 Chapter 341, Health and Safety Code, shall be assessed for each
25-18 violation a civil penalty not less than $50 nor greater than
25-19 $25,000 for each day of each violation as the court or jury
25-20 considers proper. Each day of a continuing violation is a separate
25-21 violation.
25-22 SECTION 3.04. Section 7.302, Water Code, is amended to read
25-23 as follows:
25-24 Sec. 7.302. GROUNDS FOR REVOCATION OR SUSPENSION OF PERMIT.
25-25 (a) This section applies to a permit or exemption issued by the
25-26 commission under:
26-1 (1) Chapter [18,] 26, 27, 28, or 31 of this code;
26-2 (2) Subchapter C or R, Chapter 361, Health and Safety
26-3 Code;
26-4 (3) Subchapter D, Chapter 366, Health and Safety Code;
26-5 (4) Chapter 382, Health and Safety Code; or
26-6 (5) a rule adopted under any of those provisions.
26-7 (b) After notice and hearing, the commission may revoke,
26-8 suspend, or revoke and reissue a permit or exemption on any of the
26-9 following grounds:
26-10 (1) violating any term or condition of the permit, and
26-11 revocation, suspension, or revocation and reissuance is necessary
26-12 in order to maintain the quality of water or the quality of air in
26-13 the state, or to otherwise protect human health and the environment
26-14 consistent with the objectives of the statutes or rules within the
26-15 commission's jurisdiction;
26-16 (2) having a record of environmental violations in the
26-17 preceding five years at the permitted or exempted site;
26-18 (3) causing a discharge, release, or emission
26-19 contravening a pollution control standard set by the commission or
26-20 contravening the intent of a statute or rule described in
26-21 Subsection (a);
26-22 (4) including a material mistake in a federal
26-23 operating permit issued under Chapter 382, Health and Safety Code,
26-24 or making an inaccurate statement in establishing an emissions
26-25 standard or other term or condition of a federal operating permit;
26-26 (5) misrepresenting or failing to disclose fully all
27-1 relevant facts in obtaining the permit or misrepresenting to the
27-2 commission any relevant fact at any time;
27-3 (6) a permit holder being indebted to the state for
27-4 fees, payment of penalties, or taxes imposed by the statutes or
27-5 rules within the commission's jurisdiction;
27-6 (7) a permit holder failing to ensure that the
27-7 management of the permitted facility conforms or will conform to
27-8 the statutes and rules within the commission's jurisdiction;
27-9 (8) the permit is subject to cancellation or
27-10 suspension under Section 26.084;
27-11 (9) abandoning the permit or operations under the
27-12 permit; or
27-13 (10) the commission finds that a change in conditions
27-14 requires elimination of the discharge authorized by the permit[; or]
27-15 [(11) with respect to a permit issued under Chapter
27-16 18, failing to continue to possess qualifications necessary for the
27-17 issuance of an original permit].
27-18 SECTION 3.05. Section 7.303, Water Code, is amended to read
27-19 as follows:
27-20 Sec. 7.303. GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE,
27-21 CERTIFICATE, OR REGISTRATION. (a) This section applies to a
27-22 license, certificate, or registration issued:
27-23 (1) by the commission under:
27-24 (A) Section 26.0301 or 26.459 of this code;
27-25 (B) Chapter [18,] 32, 33, or 34 of this code;
27-26 (C) Section 361.0861, 361.092, or 361.112,
28-1 Health and Safety Code; or
28-2 (D) Chapter 366, 371, or 401, Health and Safety
28-3 Code;
28-4 (2) by a county under Subchapter E, Chapter 361,
28-5 Health and Safety Code; or
28-6 (3) under a rule adopted under any of those
28-7 provisions.
28-8 (b) After notice and hearing, the commission may suspend or
28-9 revoke a license, certificate, or registration the commission or a
28-10 county has issued, place on probation a person whose license,
28-11 certificate, or registration has been suspended, reprimand the
28-12 holder of a license, certificate, or registration, or refuse to
28-13 renew or reissue a license, certificate, or registration on any of
28-14 the following grounds:
28-15 (1) having a record of environmental violations in the
28-16 preceding five years at the licensed, certified, or registered
28-17 site;
28-18 (2) committing fraud or deceit in obtaining the
28-19 license, certificate, or registration;
28-20 (3) demonstrating gross negligence, incompetency, or
28-21 misconduct while acting as holder of a license, certificate, or
28-22 registration;
28-23 (4) making an intentional misstatement or
28-24 misrepresentation of fact in information required to be maintained
28-25 or submitted to the commission by the holder of the license,
28-26 certificate, or registration;
29-1 (5) failing to keep and transmit records as required
29-2 by a statute within the commission's jurisdiction or a rule adopted
29-3 under such a statute;
29-4 (6) being indebted to the state for a fee, payment of
29-5 a penalty, or a tax imposed by a statute within the commission's
29-6 jurisdiction or a rule adopted under such a statute;
29-7 (7) [with respect to a license issued under Chapter
29-8 18, failing to continue to possess qualifications necessary for the
29-9 issuance of an original license;]
29-10 [(8)] with respect to a certificate of competency
29-11 issued under Section 26.0301, violating a discharge permit of a
29-12 sewage treatment plant, unless:
29-13 (A) the holder of the certificate is unable to
29-14 properly operate the sewage treatment facility due to the refusal
29-15 of the permit holder to authorize necessary expenditures to operate
29-16 the sewage treatment facility properly; or
29-17 (B) failure of the sewage treatment facility to
29-18 comply with its discharge permit results from faulty design of the
29-19 sewage treatment facility;
29-20 (8) [(9)] with respect to a license issued under
29-21 Chapter 32, failing to advise a person for whom a well is being
29-22 drilled that injurious water has been encountered, is a pollution
29-23 hazard, and must be immediately plugged in an acceptable manner;
29-24 (9) [(10)] with respect to a registration issued under
29-25 Chapter 366, Health and Safety Code, violating that chapter or a
29-26 rule adopted under that chapter; or
30-1 (10) [(11)] with respect to a license issued under
30-2 Subchapter E, Chapter 361, Health and Safety Code, violating that
30-3 chapter or another applicable law or a commission rule governing
30-4 the processing, storage, or disposal of solid waste.
30-5 SECTION 3.06. Chapter 18 and Section 7.144, Water Code, are
30-6 repealed.
30-7 SECTION 3.07. (a) On the effective date of this Act, all
30-8 powers, duties, obligations, rights, records, employees, and
30-9 property of the Texas Natural Resource Conservation Commission that
30-10 are used by that agency on the effective date of this Act to
30-11 administer the weather modification program are transferred to the
30-12 Texas Department of Licensing and Regulation.
30-13 (b) On the effective date of this Act, and as provided by
30-14 the General Appropriations Act, all powers, duties, obligations,
30-15 rights, contracts, records, property, and unspent and unobligated
30-16 appropriations and other funds of the Texas Natural Resource
30-17 Conservation Commission that are used by that agency on the
30-18 effective date of this Act to administer the weather modification
30-19 grant program are transferred to the Department of Agriculture.
30-20 (c) All rules, policies, procedures, and decisions that
30-21 affect the weather modification program are continued in effect
30-22 until superseded by a rule or other appropriate action of the Texas
30-23 Department of Licensing and Regulation.
30-24 (d) Any action or proceeding before the Texas Natural
30-25 Resource Conservation Commission relating to the weather
30-26 modification program is transferred without change in status to the
31-1 Texas Department of Licensing and Regulation, and the Texas
31-2 Department of Licensing and Regulation assumes, without change in
31-3 status, the position of the Texas Natural Resource Conservation
31-4 Commission in any action or proceeding relating to the weather
31-5 modification program to which the Texas Natural Resource
31-6 Conservation Commission is a party.
31-7 (e) The weather modification program established under
31-8 Chapter 18, Water Code, is abolished on the effective date of this
31-9 Act. The Texas Natural Resource Conservation Commission may not
31-10 award a grant under that program on or after that date.
31-11 (f) The Texas Department of Licensing and Regulation shall
31-12 adopt rules to implement Article 1 of this Act not later than
31-13 December 31, 2001.
31-14 ARTICLE 4
31-15 SECTION 4.01. This Act takes effect September 1, 2001.