1-1 By: Wentworth S.B. No. 1175
1-2 (In the Senate - Filed March 6, 2001; March 8, 2001, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 18, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 18, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1175 By: Lucio
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the administration of the weather modification program
1-11 and grants for weather modification and control activities.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 ARTICLE 1
1-14 SUBCHAPTER A. GENERAL PROVISIONS
1-15 SECTION 1.01. DEFINITIONS. In this article:
1-16 (1) "Commissioner" has the meaning assigned by Section
1-17 51.001, Occupations Code.
1-18 (2) "Department" has the meaning assigned by Section
1-19 51.001, Occupations Code.
1-20 (3) "Operation" means the performance of weather
1-21 modification and control activities entered into for the purpose of
1-22 producing or attempting to produce a certain modifying effect
1-23 within one geographical area over one continuing time interval not
1-24 exceeding four years.
1-25 (4) "Research and development" means theoretical
1-26 analysis, exploration, experimentation, and the extension of
1-27 investigative findings and theories of a scientific or technical
1-28 nature into practical application for experimental and
1-29 demonstration purposes, including the experimental production and
1-30 testing of models, devices, equipment, materials, and processes.
1-31 (5) "Weather modification and control" means changing
1-32 or controlling, or attempting to change or control, by artificial
1-33 methods the natural development of atmospheric cloud forms or
1-34 precipitation forms that occur in the troposphere.
1-35 (6) "Weather modification and control program" means
1-36 the research, development, licensing, and permitting and other
1-37 associated activities to be administered by the Texas Department of
1-38 Licensing and Regulation.
1-39 (7) "Weather modification and control grant program"
1-40 means the program to award matching grants to political
1-41 subdivisions of this state for weather modification and control to
1-42 be administered by the Department of Agriculture.
1-43 SUBCHAPTER B. POWERS AND DUTIES OF DEPARTMENT
1-44 SECTION 1.11. RULES. The department may adopt rules
1-45 necessary to:
1-46 (1) exercise the powers and perform the duties under
1-47 this article;
1-48 (2) establish procedures and conditions for the
1-49 issuance of licenses and permits under this article; and
1-50 (3) establish standards and instructions to govern the
1-51 carrying out of research or projects in weather modification and
1-52 control that the department considers necessary or desirable to
1-53 minimize danger to health or property.
1-54 SECTION 1.12. STUDIES; INVESTIGATIONS; HEARINGS. The
1-55 department may make any studies or investigations, obtain any
1-56 information, and hold any hearings necessary or proper to
1-57 administer or enforce this article or any rules or orders issued
1-58 under this article.
1-59 SECTION 1.13. ADVISORY COMMITTEES. The department may
1-60 establish advisory committees to advise the department and to make
1-61 recommendations to the department concerning legislation, policies,
1-62 administration, research, and other matters related to the
1-63 department's duties, powers, or functions under this article.
1-64 SECTION 1.14. PERSONNEL. The commissioner may, as provided
2-1 by the General Appropriations Act, appoint and fix the compensation
2-2 of any personnel, including specialists and consultants, necessary
2-3 to perform duties and functions under this article.
2-4 SECTION 1.15. MATERIALS AND EQUIPMENT. The department may
2-5 acquire in the manner provided by law any materials, equipment, and
2-6 facilities necessary to the performance of its duties and functions
2-7 under this article.
2-8 SECTION 1.16. INTERSTATE COMPACTS. The commissioner may
2-9 represent the state in matters pertaining to plans, procedures, or
2-10 negotiations for interstate compacts relating to weather
2-11 modification and control.
2-12 SECTION 1.17. CONTRACTS, COOPERATIVE AGREEMENTS, ETC.
2-13 (a) The department may cooperate with public or private agencies
2-14 to promote the purposes of this article.
2-15 (b) The department may enter into cooperative agreements
2-16 with the United States or any of its agencies, with counties and
2-17 municipalities of this state, or with any private or public
2-18 agencies for conducting weather modification or cloud-seeding
2-19 operations.
2-20 (c) The department may represent the state, counties,
2-21 municipalities, and public and private agencies in contracting with
2-22 private concerns for the performance of weather modification or
2-23 cloud-seeding operations.
2-24 SECTION 1.18. PROMOTION OF RESEARCH AND DEVELOPMENT.
2-25 (a) In order to assist in expanding the theoretical and practical
2-26 knowledge of weather modification and control, the department shall
2-27 promote continuous research and development in:
2-28 (1) the theory and development of methods of weather
2-29 modification and control, including processes, materials, and
2-30 devices related to these methods;
2-31 (2) the use of weather modification and control for
2-32 agricultural, industrial, commercial, and other purposes; and
2-33 (3) the protection of life and property during
2-34 research and operational activities.
2-35 (b) The department with approval of the commissioner may
2-36 conduct and may contract for research and development activities
2-37 relating to the purposes of this section.
2-38 SECTION 1.19. GRANTS, GIFTS, ETC. Subject to any
2-39 limitations imposed by law, the department may accept federal
2-40 grants, private gifts, and donations from any other source. Unless
2-41 the use of the money is restricted or subject to any limitations
2-42 provided by law, the department may spend the money for the
2-43 administration of this article.
2-44 SECTION 1.20. DISPOSITION OF LICENSE AND PERMIT FEES. The
2-45 department shall deposit all license and permit fees in the state
2-46 treasury.
2-47 SUBCHAPTER C. LICENSES AND PERMITS
2-48 SECTION 1.31. LICENSE AND PERMIT REQUIRED. Except as
2-49 provided by rule of the department under Section 1.32 of this
2-50 article, a person may not engage in activities for weather
2-51 modification and control:
2-52 (1) without a weather modification license and weather
2-53 modification permit issued by the department; or
2-54 (2) in violation of any term or condition of the
2-55 license or permit.
2-56 SECTION 1.32. EXEMPTIONS. (a) The department by rule, to
2-57 the extent it considers exemptions practical, shall provide for
2-58 exempting the following activities from the license and permit
2-59 requirements of this article:
2-60 (1) research, development, and experiments conducted
2-61 by state and federal agencies, institutions of higher learning, and
2-62 bona fide nonprofit research organizations;
2-63 (2) laboratory research and experiments;
2-64 (3) activities of an emergent nature for protection
2-65 against fire, frost, sleet, or fog; and
2-66 (4) activities normally conducted for purposes other
2-67 than inducing, increasing, decreasing, or preventing precipitation
2-68 or hail.
2-69 (b) The department by rule may modify or revoke an
3-1 exemption.
3-2 SECTION 1.33. ISSUANCE OF LICENSE. (a) The department, in
3-3 accordance with the rules adopted under this article, shall issue a
3-4 weather modification license to each applicant who:
3-5 (1) pays the license fee; and
3-6 (2) demonstrates, to the satisfaction of the
3-7 department, competence in the field of meteorology that is
3-8 reasonably necessary to engage in weather modification and control
3-9 activities.
3-10 (b) If the applicant is an organization, the competence must
3-11 be demonstrated by the individual or individuals who are to be in
3-12 control and in charge of the operation for the applicant.
3-13 SECTION 1.34. LICENSE FEE. The fee for an original or
3-14 renewal license is $150.
3-15 SECTION 1.35. EXPIRATION DATE. Each original or renewal
3-16 license expires at the end of the state fiscal year for which it
3-17 was issued.
3-18 SECTION 1.36. RENEWAL LICENSE. At the expiration of the
3-19 license period, the department shall issue a renewal license to
3-20 each applicant who pays the license fee and who has the
3-21 qualifications necessary for issuance of an original license.
3-22 SECTION 1.37. ISSUANCE OF PERMIT. (a) The department, in
3-23 accordance with the rules adopted under this article and on a
3-24 finding that the weather modification and control operation as
3-25 proposed in the permit application will not significantly dissipate
3-26 the clouds and prevent their natural course of developing rain in
3-27 the area in which the operation is to be conducted to the material
3-28 detriment of persons or property in that area, and after approval
3-29 at an election if covered by Section 1.41 of this article, may
3-30 issue a weather modification permit to each applicant who:
3-31 (1) holds a valid weather modification license;
3-32 (2) pays the permit fee;
3-33 (3) publishes a notice of intention and submits proof
3-34 of publication as required by this article; and
3-35 (4) furnishes proof of financial responsibility.
3-36 (b) The department shall, if requested by at least 25
3-37 persons, hold at least one public hearing in the area where the
3-38 operation is to be conducted prior to the issuance of a permit.
3-39 SECTION 1.38. PERMIT FEE. The fee for each permit is $75.
3-40 SECTION 1.39. SCOPE OF PERMIT. A separate permit is
3-41 required for each operation. If an operation is to be conducted
3-42 under contract, a permit is required for each separate contract.
3-43 The department may not issue a permit for a contracted operation
3-44 unless it covers a continuous period not to exceed four years.
3-45 SECTION 1.40. APPLICATION AND NOTICE OF INTENTION. Before
3-46 undertaking any operation, a license holder must file an
3-47 application for a permit and have a notice of intention published
3-48 as required by this article.
3-49 SECTION 1.41. ELECTION FOR APPROVAL OF PERMIT THAT INCLUDES
3-50 AUTHORIZATION FOR HAIL SUPPRESSION. (a) In this section:
3-51 (1) "Target area" means that area described by metes
3-52 and bounds or other specific bounded description set out in the
3-53 application for a permit.
3-54 (2) "Operational area" means that area that joins the
3-55 target area and is reasonably necessary to use in order to
3-56 effectuate the purposes over the target area without affecting the
3-57 land or land owners in the operational area.
3-58 (b) No part of an operational area may be more than eight
3-59 miles from the limits of the target area. The operational area
3-60 must be described by metes and bounds or other specific bounded
3-61 description and set out in the application for a permit. If the
3-62 application for a permit does not describe the operational area,
3-63 the department may designate an area located inside and up to eight
3-64 miles from the limits of the target area described in the
3-65 application as the operational area of the permit for the purposes
3-66 of this article.
3-67 (c) A permit may not be issued by the department before the
3-68 end of the 30-day period immediately following the first
3-69 publication of notice and then only in:
4-1 (1) those counties or parts of counties in the target
4-2 area or operational area in which the majority of the qualified
4-3 voters voting have approved or have not disapproved the issuance of
4-4 a permit if an election has been held; or
4-5 (2) any county or part of a county in the target area
4-6 or operational area if no petition for an election has been filed.
4-7 (d) Persons eligible to vote in elections held under this
4-8 section shall include qualified voters in counties or parts of
4-9 counties included in the target area or operational area. If the
4-10 target area or operational area includes only part of a county, an
4-11 election held under this section may be held only in the election
4-12 precincts that are included entirely within or are partially
4-13 included in those areas. All qualified voters in those precincts
4-14 are entitled to vote in these elections.
4-15 (e) On written request of at least 25 qualified voters
4-16 residing in the target area or operational area mentioned in the
4-17 notice requesting an election accompanied by unsigned petitions,
4-18 the county clerk of each county within the target area or
4-19 operational area shall certify and mark for identification
4-20 petitions for circulation. An application for a petition seeking
4-21 an election to disapprove the issuance of a permit must be headed:
4-22 "Application for Election to Disapprove a Weather Modification
4-23 Permit." The application shall contain a statement just ahead of
4-24 the signatures of the applicants stating the following: "It is the
4-25 hope, purpose, and intent of the applicants whose signatures appear
4-26 on this application to see disapproved the issuance of a permit for
4-27 weather modification, including hail suppression." An application
4-28 for a petition seeking an election to approve the issuance of a
4-29 permit shall be headed: "Application for Election to Approve a
4-30 Weather Modification Permit." The application shall contain a
4-31 statement just ahead of the signatures of the applicants as
4-32 follows: "It is the hope, purpose, and intent of the applicants
4-33 whose signatures appear on this petition to see approved the
4-34 issuance of a permit for weather modification, including hail
4-35 suppression." On the return to the county clerks of petitions
4-36 signed by at least 10 percent of the qualified voters residing in
4-37 each county within the target area or operational area in the
4-38 notice requesting an election, the commissioners court of each
4-39 county shall call and hold an election. Notice under Chapter 111,
4-40 Local Government Code, of the commissioners court meeting to call
4-41 and hold the election is not required. The date of the election
4-42 shall be determined by the commissioners court in accordance with
4-43 this section, notwithstanding Sections 41.004 and 41.0041, Election
4-44 Code. The petition must be filed with the clerk of each county
4-45 within 30 days immediately following the first publication of
4-46 notice. The election must be held within 45 days after the date
4-47 the petition is received to determine whether or not the qualified
4-48 voters in the target area or operational area approve the issuance
4-49 of the permit. Immediately on calling the election, the clerk of
4-50 each county within the target area or operational area shall notify
4-51 the commissioner of the date of the election. Except as otherwise
4-52 provided in this article, elections must be held in accordance with
4-53 the Election Code.
4-54 (f) The petition for the election shall read substantially
4-55 as follows: "The following qualified voters of __________ County
4-56 request the Commissioners Court of __________ County to call an
4-57 election at which the qualified voters shall be asked to vote on
4-58 the proposition of whether or not they approve of the issuance of a
4-59 weather modification permit that includes authorization for hail
4-60 suppression (description of area)." Each qualified voter signing
4-61 the petition must give the voter's full name and address and voter
4-62 registration number. Within five days after the date of receiving
4-63 a petition under this section, the commissioners court shall have
4-64 the county clerk of the county check the names on the petition
4-65 against the voter registration lists of the county and certify to
4-66 the commissioners court the number of qualified voters signing the
4-67 petition as reflected by checking the county's voter registration
4-68 lists. If only a part of a county is included in the target area
4-69 or operational area, the county clerk shall also certify that those
5-1 signing the petition reside in an election precinct in the county
5-2 totally or partially included in the target area or operational
5-3 area. On certification by the county clerk, the petition must be
5-4 filed with the official records of the county and be made available
5-5 for public inspection.
5-6 (g) A person filing a petition with the county clerk shall
5-7 deposit with the county clerk an amount of money estimated by the
5-8 county clerk to be sufficient to cover the costs of the election,
5-9 to be held by the county clerk until the result of the election to
5-10 approve or disapprove the issuance of the permit is officially
5-11 announced. If the result of the election favors the party
5-12 petitioning for the election, the county clerk shall return the
5-13 deposit to the person filing the petition or to the person's agent
5-14 or attorney, but if the result of the election does not favor the
5-15 party petitioning for the election, the county clerk shall pay the
5-16 cost and expenses of the election from the deposit and return the
5-17 balance of the deposit to the person filing the petition or to the
5-18 person's agent or attorney.
5-19 (h) The ballots for an election under this section must be
5-20 printed to provide for voting for or against the proposition: "The
5-21 issuance of a permit providing for weather modification, including
5-22 authorization for hail suppression and control in (description of
5-23 area)."
5-24 (i) The order calling the election shall provide for the
5-25 time and place or places for holding the election, the form of the
5-26 ballots, and the presiding judge for each voting place.
5-27 (j) The commissioners court shall publish a copy of the
5-28 election order in a newspaper of general circulation in the county
5-29 or in the part of the county within the target area or operational
5-30 area at least 30 days preceding the day of the election.
5-31 (k) The presiding judge of each voting place shall supervise
5-32 the counting of all votes cast and shall certify the results to the
5-33 commissioners court within five days after the date of the
5-34 election. A copy of the results is to be filed with the county
5-35 clerk and is a public record.
5-36 (l) Within five days after the results are filed, the
5-37 commissioners court shall declare the results.
5-38 (m) The commissioners court of each county holding an
5-39 election shall send certified copies of the results of the election
5-40 to the commissioner within 24 hours after the results are declared
5-41 under Subsection (k) of this section.
5-42 (n) If a majority of the qualified voters voting in the
5-43 election precincts any part of which are located in the target area
5-44 vote against issuance of the permit, a permit may not be issued.
5-45 If a majority of the qualified voters voting in the election
5-46 precincts any part of which are located within the target area vote
5-47 in favor of issuance of the permit, the department may issue the
5-48 permit as provided in this subchapter, except that if a majority of
5-49 the qualified voters voting in either of the following areas vote
5-50 against issuance of the permit, those areas must be excluded from
5-51 the coverage of the permit:
5-52 (1) any election precinct any part of which is located
5-53 in the operational area; or
5-54 (2) any election precinct located wholly within the
5-55 target area and contiguous with its outer boundary.
5-56 (o) If the department finds that a weather modification and
5-57 control operation is still feasible, a permit may be issued
5-58 covering areas in which no election is requested or areas in which
5-59 the voters give their approval as provided in this section.
5-60 (p) If a permit is denied under Subsection (n) of this
5-61 section, an application for a permit covering all or part of the
5-62 same target area or operational area that was denied may not be
5-63 considered, and for a period of two years following the date of the
5-64 election, a permit under that application may not be issued by the
5-65 department and an election may not be held under this article.
5-66 (q) If a permit including authorization for hail suppression
5-67 is to cover only a part of a county, only those qualified voters
5-68 residing in an election precinct or precincts of the county
5-69 included in the target area or operational area are eligible to
6-1 sign a petition and to vote at an election under this section. In
6-2 computing the vote, only a majority of qualified voters residing in
6-3 those areas and voting in the election is necessary to carry the
6-4 proposition in that county.
6-5 (r) A permit may not be issued that provides for or allows
6-6 the seeding of clouds for hail suppression outside the target area
6-7 or within those counties or parts of counties located in the
6-8 operational or target areas that were excluded from the coverage of
6-9 the permit by an election under Subsection (n) of this section.
6-10 Seeding may be done in those counties or parts of counties located
6-11 in the operational or target area that were not excluded from the
6-12 coverage of the permit by virtue of an election under Subsection
6-13 (n) of this section, provided the seeding is reasonably calculated
6-14 to take effect only within the target area. This subsection does
6-15 not prohibit the observation of cloud and cloud formations.
6-16 (s) The department may monitor any program under conditions
6-17 the department determines advisable.
6-18 (t) On petition as provided in this section, the
6-19 commissioners court of any county outside but adjacent to a county
6-20 included in the operational area of an existing or proposed permit
6-21 shall call and hold an election on the proposition of whether or
6-22 not the qualified voters of the county approve of the issuance of
6-23 any permit authorizing hail suppression in the county. If the
6-24 county voters voting in the election disapprove the issuance of
6-25 permits authorizing hail suppression, the department may not issue
6-26 a permit covering the county until the proposition has been
6-27 approved at a subsequent election.
6-28 (u) If any county or part of a county has disapproved the
6-29 issuance of a permit at the previous election held under this
6-30 section, that county or part of a county may not be included in any
6-31 permit issued by the department until the voters of that county or
6-32 part of a county have participated in a subsequent election at
6-33 which a permit is approved. The applicant for a permit that
6-34 includes that county or part of a county has the burden of
6-35 petitioning for an election and depositing costs in the manner
6-36 provided by this section for the original election to approve or
6-37 disapprove a permit.
6-38 (v) The department by rule shall define hail suppression as
6-39 used in this section, using the most current scientifically
6-40 accepted technological concepts.
6-41 SECTION 1.42. CONTENT OF NOTICE. In the notice of
6-42 intention, the applicant must include:
6-43 (1) the name and address of the license holder;
6-44 (2) the nature and object of the intended operation
6-45 and the person or organization on whose behalf it is to be
6-46 conducted;
6-47 (3) the area in which and the approximate time during
6-48 which the operation is to be conducted;
6-49 (4) the area that is intended to be affected by the
6-50 operation; and
6-51 (5) the materials and methods to be used in conducting
6-52 the operation.
6-53 SECTION 1.43. PUBLICATION OF NOTICE. The notice of
6-54 intention required under Section 1.40 of this article must be
6-55 published at least once a week for three consecutive weeks in a
6-56 newspaper of general circulation in each county in which the
6-57 operation is to be conducted.
6-58 SECTION 1.44. PROOF OF PUBLICATION; AFFIDAVIT. The
6-59 applicant shall file proof of the publication, together with the
6-60 publishers' affidavits, with the department during the 15-day
6-61 period immediately after the date of the last publication.
6-62 SECTION 1.45. PROOF OF FINANCIAL RESPONSIBILITY. Proof of
6-63 financial responsibility is made by showing to the satisfaction of
6-64 the department that the license holder has the ability to respond
6-65 in damages for liability that might reasonably result from the
6-66 operation for which the permit is sought.
6-67 SECTION 1.46. MODIFICATION OF PERMIT. The department may
6-68 modify the terms and conditions of a permit if:
6-69 (1) the license holder is first given notice and a
7-1 reasonable opportunity for a hearing on the need for a
7-2 modification; and
7-3 (2) it appears to the department that a modification
7-4 is necessary to protect the health or property of any person.
7-5 SECTION 1.47. SCOPE OF ACTIVITY. Once a permit is issued,
7-6 the license holder shall confine the license holder's activities
7-7 substantially within the limits of time and area specified in the
7-8 notice of intention, except to the extent that the limits are
7-9 modified by the department. The license holder shall comply with
7-10 any terms and conditions of the permit as originally issued or as
7-11 subsequently modified by the department.
7-12 SECTION 1.48. RECORDS AND REPORTS. (a) A license holder
7-13 shall keep a record of each operation conducted under a permit,
7-14 showing:
7-15 (1) the method employed;
7-16 (2) the type of equipment used;
7-17 (3) the kind and amount of each material used;
7-18 (4) the times and places the equipment is operated;
7-19 (5) the name and mailing address of each individual,
7-20 other than the license holder, who participates or assists in the
7-21 operation; and
7-22 (6) other information required by the department.
7-23 (b) The department shall require written reports covering
7-24 each operation, whether the operation is exempt or conducted under
7-25 a permit. A license holder shall submit a written report at the
7-26 time and in the manner required by the department.
7-27 (c) All information on an operation shall be submitted to
7-28 the department before it is released to the public.
7-29 (d) The reports and records in the custody of the department
7-30 shall be kept open for public inspection.
7-31 SUBCHAPTER D. SANCTIONS
7-32 SECTION 1.51. PENALTIES. A person who violates this article
7-33 is subject to Subchapters F and G, Chapter 51, Occupations Code, in
7-34 the same manner as a person regulated by the department under other
7-35 law is subject to those subchapters.
7-36 SECTION 1.52. ACT OF GOD. If a person can establish that an
7-37 event that would otherwise be a violation of this article or a rule
7-38 adopted or order or permit issued under this article was caused
7-39 solely by an act of God, war, strike, riot, or other catastrophe,
7-40 the event is not a violation of this article or a rule, order, or
7-41 permit issued under this article.
7-42 SECTION 1.53. DEFENSE EXCLUDED. Unless otherwise provided
7-43 by this article, the fact that a person holds a permit issued by
7-44 the department does not relieve that person from liability for the
7-45 violation of this article or a rule adopted or order or permit
7-46 issued under this article.
7-47 SUBCHAPTER E. REVOCATION AND SUSPENSION
7-48 SECTION 1.61. DEFINITIONS. In this subchapter, "permit
7-49 holder" includes each member of a partnership or association that
7-50 is a permit holder and, with respect to a corporation that is a
7-51 permit holder, each officer and the owner or owners of a majority
7-52 of the corporate stock, provided that the member or owner controls
7-53 at least 20 percent of the permit holder.
7-54 SECTION 1.62. GROUNDS FOR REVOCATION OR SUSPENSION OF
7-55 PERMIT. After notice and hearing, the department may revoke or
7-56 suspend a permit issued under this article on any of the following
7-57 grounds:
7-58 (1) violating any term or condition of the permit, and
7-59 revocation or suspension is necessary to maintain the quality of
7-60 water or the quality of air in the state, or to otherwise protect
7-61 human health and the environment consistent with the objectives of
7-62 the law within the department's jurisdiction;
7-63 (2) having a record of environmental violations in the
7-64 preceding five years at the permitted site;
7-65 (3) causing a discharge, release, or emission
7-66 contravening a pollution control standard set by the department or
7-67 contravening the intent of a law within the department's
7-68 jurisdiction;
7-69 (4) misrepresenting or failing to disclose fully all
8-1 relevant facts in obtaining the permit or misrepresenting to the
8-2 department any relevant fact at any time;
8-3 (5) being indebted to the state for fees, payment of
8-4 penalties, or taxes imposed by the law within the department's
8-5 jurisdiction;
8-6 (6) failing to ensure that the management of the
8-7 permitted facility conforms or will conform to the law within the
8-8 department's jurisdiction;
8-9 (7) abandoning the permit or operations under the
8-10 permit;
8-11 (8) the department's finding that a change in
8-12 conditions requires elimination of the discharge authorized by the
8-13 permit; or
8-14 (9) failing to continue to possess qualifications
8-15 necessary for the issuance of the permit.
8-16 SECTION 1.63. GROUNDS FOR REVOCATION OR SUSPENSION OF
8-17 LICENSE. This section applies to a license issued under this
8-18 article or a rule adopted under this article. After notice and
8-19 hearing, the department may suspend or revoke a license issued
8-20 under this article, place on probation a person whose license has
8-21 been suspended, reprimand a license holder, or refuse to renew or
8-22 reissue a license on any of the following grounds:
8-23 (1) having a record of environmental violations in the
8-24 preceding five years at a permit site;
8-25 (2) committing fraud or deceit in obtaining the
8-26 license;
8-27 (3) demonstrating gross negligence, incompetency, or
8-28 misconduct while acting as license holder;
8-29 (4) making an intentional misstatement or
8-30 misrepresentation of fact in information required to be maintained
8-31 or submitted to the department by the license holder;
8-32 (5) failing to keep and transmit records as required
8-33 by a law within the department's jurisdiction;
8-34 (6) being indebted to the state for a fee, payment of
8-35 a penalty, or a tax imposed by a law within the department's
8-36 jurisdiction; or
8-37 (7) failing to continue to possess qualifications
8-38 necessary for the issuance of the license.
8-39 SECTION 1.64. PROCEDURES. The department by rule shall
8-40 establish procedures for public notice and any public hearing under
8-41 this subchapter.
8-42 SECTION 1.65. HEARINGS. A hearing under this subchapter
8-43 shall be conducted in accordance with the hearing rules adopted by
8-44 the department and the applicable provisions of Chapter 2001,
8-45 Government Code.
8-46 SECTION 1.66. CONSENT. If a permit holder or license holder
8-47 requests or consents to the revocation or suspension of the permit
8-48 or license, the commissioner may revoke or suspend the permit or
8-49 license without a hearing.
8-50 SECTION 1.67. OTHER RELIEF. A proceeding brought by the
8-51 department under this subchapter does not affect the department's
8-52 authority to bring suit for injunctive relief or a penalty, or
8-53 both, under this article.
8-54 SECTION 1.68. PROBATION REQUIREMENTS. If a license
8-55 suspension is probated, the department may require the license
8-56 holder:
8-57 (1) to report regularly to the department on matters
8-58 that are the basis of the probation;
8-59 (2) to limit activities to the areas prescribed by the
8-60 department; or
8-61 (3) to continue or renew professional education until
8-62 the registrant attains a degree of skill satisfactory to the
8-63 department in those areas that are the basis of the probation.
8-64 SUBCHAPTER F. IMMUNITY; LEGAL RELATIONSHIPS
8-65 SECTION 1.71. IMMUNITY OF STATE. The state and its officers
8-66 and employees are immune from liability for all weather
8-67 modification and control activities conducted by private persons or
8-68 groups.
8-69 SECTION 1.72. PRIVATE LEGAL RELATIONSHIPS. (a) This
9-1 article does not affect private legal relationships, except that an
9-2 operation conducted under the license and permit requirements of
9-3 this article is not an ultrahazardous activity that makes the
9-4 participants subject to liability without fault.
9-5 (b) The fact that a person holds a license or permit under
9-6 this article or that the person has complied with this article or
9-7 the regulations issued under this article is not admissible as
9-8 evidence in any legal proceeding brought against the person.
9-9 ARTICLE 2
9-10 SECTION 2.01. Title 2, Agriculture Code, is amended by
9-11 adding Chapter 20 to read as follows:
9-12 CHAPTER 20. WEATHER MODIFICATION AND CONTROL GRANT PROGRAM
9-13 Sec. 20.001. FINDINGS. The legislature finds that weather
9-14 modification and control activities may have a significant impact
9-15 on Texas agriculture. The legislature further finds that the
9-16 Department of Agriculture is the proper state agency to administer
9-17 grants to political subdivisions for weather modification and
9-18 control activities.
9-19 Sec. 20.002. DEFINITION. In this chapter, "weather
9-20 modification and control" means changing or controlling, or
9-21 attempting to change or control, by artificial methods the natural
9-22 development of atmospheric cloud forms or precipitation forms that
9-23 occur in the troposphere.
9-24 Sec. 20.003. WEATHER MODIFICATION AND CONTROL GRANT PROGRAM.
9-25 The department shall develop and administer a program awarding
9-26 matching grants to political subdivisions of this state for weather
9-27 modification and control.
9-28 Sec. 20.004. RULES. The department may adopt rules
9-29 necessary to administer this chapter.
9-30 Sec. 20.005. CONTRACTS. The department may enter into
9-31 contracts with public or private entities to assist the department
9-32 in the administration or evaluation of the weather modification and
9-33 control grant program or to conduct research relating to the
9-34 effectiveness of weather modification and control activities.
9-35 Sec. 20.006. FUNDING. The department may accept
9-36 appropriations and may solicit and accept gifts, grants, and other
9-37 donations from any source to administer the weather modification
9-38 and control grant program.
9-39 ARTICLE 3
9-40 SECTION 3.01. Subsection (a), Section 5.013, Water Code, is
9-41 amended to read as follows:
9-42 (a) The commission has general jurisdiction over:
9-43 (1) water and water rights including the issuance of
9-44 water rights permits, water rights adjudication, cancellation of
9-45 water rights, and enforcement of water rights;
9-46 (2) continuing supervision over districts created
9-47 under Article III, Sections 52(b)(1) and (2), and Article XVI,
9-48 Section 59, of the Texas Constitution;
9-49 (3) the state's water quality program including
9-50 issuance of permits, enforcement of water quality rules, standards,
9-51 orders, and permits, and water quality planning;
9-52 (4) [the state's weather modification program
9-53 including the issuance of permits and licenses and the enforcement
9-54 of permits, licenses, rules, standards, and orders relating to
9-55 weather modification;]
9-56 [(5)] the determination of the feasibility of certain
9-57 federal projects;
9-58 (5) [(6)] the adoption and enforcement of rules and
9-59 performance of other acts relating to the safe construction,
9-60 maintenance, and removal of dams;
9-61 (6) [(7)] conduct of the state's hazardous spill
9-62 prevention and control program;
9-63 (7) [(8)] the administration of the state's program
9-64 relating to inactive hazardous substance, pollutant, and
9-65 contaminant disposal facilities;
9-66 (8) [(9)] the administration of a portion of the
9-67 state's injection well program;
9-68 (9) [(10)] the administration of the state's programs
9-69 involving underground water and water wells and drilled and mined
10-1 shafts;
10-2 (10) [(11)] the state's responsibilities relating to
10-3 regional waste disposal;
10-4 (11) [(12)] the responsibilities assigned to the
10-5 commission by Chapters 361, 363, 382, 401, and 402, Health and
10-6 Safety Code;
10-7 (12) [(13)] the administration of the national flood
10-8 insurance program;
10-9 (13) [(14)] administration of the state's water rate
10-10 program under Chapter 13 of this code; and
10-11 (14) [(15)] any other areas assigned to the commission
10-12 by this code and other laws of this state.
10-13 SECTION 3.02. Subsection (a), Section 7.052, Water Code, is
10-14 amended to read as follows:
10-15 (a) The amount of the penalty for a violation of Chapter
10-16 [18,] 32, 33, or 34 of this code or Chapter 366, 371, or 372,
10-17 Health and Safety Code, may not exceed $2,500 a day for each
10-18 violation.
10-19 SECTION 3.03. Section 7.102, Water Code, is amended to read
10-20 as follows:
10-21 Sec. 7.102. MAXIMUM PENALTY. A person who causes, suffers,
10-22 allows, or permits a violation of a statute, rule, order, or permit
10-23 relating to Chapter [18,] 32, 33, or 34 of this code or Chapter
10-24 366, 371, or 372, Health and Safety Code, shall be assessed for
10-25 each violation a civil penalty not less than $50 nor greater than
10-26 $5,000 for each day of each violation as the court or jury
10-27 considers proper. A person who causes, suffers, allows, or permits
10-28 a violation of a statute, rule, order, or permit relating to any
10-29 other matter within the commission's jurisdiction to enforce, other
10-30 than violations of Chapter 11, 12, 13, 16, or 36 of this code, or
10-31 Chapter 341, Health and Safety Code, shall be assessed for each
10-32 violation a civil penalty not less than $50 nor greater than
10-33 $25,000 for each day of each violation as the court or jury
10-34 considers proper. Each day of a continuing violation is a separate
10-35 violation.
10-36 SECTION 3.04. Section 7.302, Water Code, is amended to read
10-37 as follows:
10-38 Sec. 7.302. GROUNDS FOR REVOCATION OR SUSPENSION OF PERMIT.
10-39 (a) This section applies to a permit or exemption issued by the
10-40 commission under:
10-41 (1) Chapter [18,] 26, 27, 28, or 31 of this code;
10-42 (2) Subchapter C or R, Chapter 361, Health and Safety
10-43 Code;
10-44 (3) Subchapter D, Chapter 366, Health and Safety Code;
10-45 (4) Chapter 382, Health and Safety Code; or
10-46 (5) a rule adopted under any of those provisions.
10-47 (b) After notice and hearing, the commission may revoke,
10-48 suspend, or revoke and reissue a permit or exemption on any of the
10-49 following grounds:
10-50 (1) violating any term or condition of the permit, and
10-51 revocation, suspension, or revocation and reissuance is necessary
10-52 in order to maintain the quality of water or the quality of air in
10-53 the state, or to otherwise protect human health and the environment
10-54 consistent with the objectives of the statutes or rules within the
10-55 commission's jurisdiction;
10-56 (2) having a record of environmental violations in the
10-57 preceding five years at the permitted or exempted site;
10-58 (3) causing a discharge, release, or emission
10-59 contravening a pollution control standard set by the commission or
10-60 contravening the intent of a statute or rule described in
10-61 Subsection (a);
10-62 (4) including a material mistake in a federal
10-63 operating permit issued under Chapter 382, Health and Safety Code,
10-64 or making an inaccurate statement in establishing an emissions
10-65 standard or other term or condition of a federal operating permit;
10-66 (5) misrepresenting or failing to disclose fully all
10-67 relevant facts in obtaining the permit or misrepresenting to the
10-68 commission any relevant fact at any time;
10-69 (6) a permit holder being indebted to the state for
11-1 fees, payment of penalties, or taxes imposed by the statutes or
11-2 rules within the commission's jurisdiction;
11-3 (7) a permit holder failing to ensure that the
11-4 management of the permitted facility conforms or will conform to
11-5 the statutes and rules within the commission's jurisdiction;
11-6 (8) the permit is subject to cancellation or
11-7 suspension under Section 26.084;
11-8 (9) abandoning the permit or operations under the
11-9 permit; or
11-10 (10) the commission finds that a change in conditions
11-11 requires elimination of the discharge authorized by the permit[; or]
11-12 [(11) with respect to a permit issued under Chapter
11-13 18, failing to continue to possess qualifications necessary for the
11-14 issuance of an original permit].
11-15 SECTION 3.05. Section 7.303, Water Code, is amended to read
11-16 as follows:
11-17 Sec. 7.303. GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE,
11-18 CERTIFICATE, OR REGISTRATION. (a) This section applies to a
11-19 license, certificate, or registration issued:
11-20 (1) by the commission under:
11-21 (A) Section 26.0301 or 26.459 of this code;
11-22 (B) Chapter [18,] 32, 33, or 34 of this code;
11-23 (C) Section 361.0861, 361.092, or 361.112,
11-24 Health and Safety Code; or
11-25 (D) Chapter 366, 371, or 401, Health and Safety
11-26 Code;
11-27 (2) by a county under Subchapter E, Chapter 361,
11-28 Health and Safety Code; or
11-29 (3) under a rule adopted under any of those
11-30 provisions.
11-31 (b) After notice and hearing, the commission may suspend or
11-32 revoke a license, certificate, or registration the commission or a
11-33 county has issued, place on probation a person whose license,
11-34 certificate, or registration has been suspended, reprimand the
11-35 holder of a license, certificate, or registration, or refuse to
11-36 renew or reissue a license, certificate, or registration on any of
11-37 the following grounds:
11-38 (1) having a record of environmental violations in the
11-39 preceding five years at the licensed, certified, or registered
11-40 site;
11-41 (2) committing fraud or deceit in obtaining the
11-42 license, certificate, or registration;
11-43 (3) demonstrating gross negligence, incompetency, or
11-44 misconduct while acting as holder of a license, certificate, or
11-45 registration;
11-46 (4) making an intentional misstatement or
11-47 misrepresentation of fact in information required to be maintained
11-48 or submitted to the commission by the holder of the license,
11-49 certificate, or registration;
11-50 (5) failing to keep and transmit records as required
11-51 by a statute within the commission's jurisdiction or a rule adopted
11-52 under such a statute;
11-53 (6) being indebted to the state for a fee, payment of
11-54 a penalty, or a tax imposed by a statute within the commission's
11-55 jurisdiction or a rule adopted under such a statute;
11-56 (7) [with respect to a license issued under Chapter
11-57 18, failing to continue to possess qualifications necessary for the
11-58 issuance of an original license;]
11-59 [(8)] with respect to a certificate of competency
11-60 issued under Section 26.0301, violating a discharge permit of a
11-61 sewage treatment plant, unless:
11-62 (A) the holder of the certificate is unable to
11-63 properly operate the sewage treatment facility due to the refusal
11-64 of the permit holder to authorize necessary expenditures to operate
11-65 the sewage treatment facility properly; or
11-66 (B) failure of the sewage treatment facility to
11-67 comply with its discharge permit results from faulty design of the
11-68 sewage treatment facility;
11-69 (8) [(9)] with respect to a license issued under
12-1 Chapter 32, failing to advise a person for whom a well is being
12-2 drilled that injurious water has been encountered, is a pollution
12-3 hazard, and must be immediately plugged in an acceptable manner;
12-4 (9) [(10)] with respect to a registration issued under
12-5 Chapter 366, Health and Safety Code, violating that chapter or a
12-6 rule adopted under that chapter; or
12-7 (10) [(11)] with respect to a license issued under
12-8 Subchapter E, Chapter 361, Health and Safety Code, violating that
12-9 chapter or another applicable law or a commission rule governing
12-10 the processing, storage, or disposal of solid waste.
12-11 SECTION 3.06. Chapter 18 and Section 7.144, Water Code, are
12-12 repealed.
12-13 SECTION 3.07. (a) On the effective date of this Act, all
12-14 powers, duties, obligations, rights, records, employees, and
12-15 property of the Texas Natural Resource Conservation Commission that
12-16 are used by that agency on the effective date of this Act to
12-17 administer the weather modification program are transferred to the
12-18 Texas Department of Licensing and Regulation.
12-19 (b) On the effective date of this Act, and as provided by
12-20 the General Appropriations Act, all powers, duties, obligations,
12-21 rights, contracts, records, property, and unspent and unobligated
12-22 appropriations and other funds of the Texas Natural Resource
12-23 Conservation Commission that are used by that agency on the
12-24 effective date of this Act to administer the weather modification
12-25 grant program are transferred to the Department of Agriculture.
12-26 (c) All rules, policies, procedures, and decisions that
12-27 affect the weather modification program are continued in effect
12-28 until superseded by a rule or other appropriate action of the Texas
12-29 Department of Licensing and Regulation.
12-30 (d) Any action or proceeding before the Texas Natural
12-31 Resource Conservation Commission relating to the weather
12-32 modification program is transferred without change in status to the
12-33 Texas Department of Licensing and Regulation, and the Texas
12-34 Department of Licensing and Regulation assumes, without change in
12-35 status, the position of the Texas Natural Resource Conservation
12-36 Commission in any action or proceeding relating to the weather
12-37 modification program to which the Texas Natural Resource
12-38 Conservation Commission is a party.
12-39 (e) The weather modification program established under
12-40 Chapter 18, Water Code, is abolished on the effective date of this
12-41 Act. The Texas Natural Resource Conservation Commission may not
12-42 award a grant under that program on or after that date.
12-43 (f) The Texas Department of Licensing and Regulation shall
12-44 adopt rules to implement Article 1 of this Act not later than
12-45 December 31, 2001.
12-46 ARTICLE 4
12-47 SECTION 4.01. This Act takes effect September 1, 2001.
12-48 * * * * *