SRC-JLB H.B. 1378 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1378
By: Geren (Duncan)
Natural Resources
5/5/2003
Engrossed


DIGEST AND PURPOSE 

H.B. 1378 clarifies language in several programs of the Texas Water
Development Board and allows landowners to request that information
collected through field investigations for groundwater availability
modeling purposes be kept confidential. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 15.005(a), (b), and (d), Water Code, as
follows: 
 
(a)  Requires the executive administrator, rather than the development
fund manager, on submission of a project application under this chapter,
to determine if the application includes a project that will have flood
control as one of its purposes and if the political subdivision submitting
the application includes all of the watershed in which the project is to
be located. 
 
 (b) and (d) Make conforming changes.

SECTION 2.  Amends Section 16.012(m), Water Code, to authorize the
executive administrator to conduct surveys of entities using groundwater
and surface water for municipal, industrial, power generation, or mining
purposes at intervals determined appropriate by the executive
administrator to gather data to be used for long-term water supply
planning.  Deletes text regarding surveys obtained by the board from
nongovernmental entities. 

SECTION 3.  Amends Section 16.012, Water Code, by adding Subsection (n),
to provide that information collected through field investigations on a
landowner's property by the executive administrator after September 1,
2003, solely for use in the development of groundwater availability models
under Subsection (1) of this section that reveals site-specific
information about such landowner is not subject to Chapter 552, Government
Code, and prohibits it from being disclosed to any person outside the
board if the landowner on whose land the information is collected has
requested in writing that such information be deemed confidential.
Authorizes the executive administrator, if a landowner requests that his
or her information not be disclosed, to release information regarding
groundwater information only if the information is summarized in a manner
that prevents the identification of an individual or specific parcel of
land and the landowner.  Provides that this subsection does not apply to a
parcel of land that is publicly owned. 
 
SECTION 4.  Amends Sections 16.053(d) and (e), Water Code, as follows: 

(d)  Deletes text requiring by rule a report to be sent to the board on
certain water pipelines and other facilities and text regarding the
prevention of certain management plans or projects.    

 (e)  Deletes text regarding certain information on water pipelines and
other facilities. 
 SECTION 5.  Amends Section 17.183, Water Code, as follows:
 
Sec. 17.183.  CONSTRUCTION CONTRACT REQUIREMENTS.  Makes conforming
changes.   

SECTION 6.  Amends Section 17.276(a), Water Code, to make a conforming
change. 

SECTION 7.  Repealer:  Section 11.155(c) (Aquifer Storage Pilot Project
Reports), Water Code. 
 
SECTION 8.  Effective date:  upon passage or September 1, 2003.