C.S.S.B. 1828 78(R)    BILL ANALYSIS


C.S.S.B. 1828
By: Averitt
Agriculture & Livestock
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

 Currently, the Texas State Soil and Water Conservation Board is an agency
of the state. C.S.S.B. 1828 amends the statutes governing the Texas State
Soil and Water Conservation Board to increase the number of the Board
members and to increase the efficiency of the Board.  


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

C.S.S.B.1828 expands the board membership of  the State Soil and Water
Conservation Board (Board) from five to seven members.  The bill sets
forth the membership requirements for the two members appointed by the
governor, provisions for filling a vacancy, and terms for the Board
members.  The bill requires the chair of the state board to be one of its
elected members.  The bill sets forth reporting requirements of the Board
to be prepared and delivered to the governor, lieutenant governor, and the
speaker of the house of representatives.  The bill requires an audit to be
conducted by the state auditor not later than March 1, 2004, to be
delivered to the governor, lieutenant governor, and the speaker of the
house of representatives. The bill requires the Board to consult with
local districts before administering and adopting rules for the brush
control program. The bill adds the Texas Water Development Board and the
Texas Department of Agriculture as agencies, in addition to the Texas
Parks and Wildlife Department, that the Board shall consult with in regard
to the effects of brush control projects.  The bill requires the Board to
prepare a state plan that ranks areas of the state in need of brush
control, rather than designating critical areas in need and it sets forth
notice of hearing requirements and criteria for evaluating brush control
areas.  The bill provides limits on cost sharing participation by the
state, with exceptions.  The bill amends sections relating to passing on
applications for cost sharing.  The bill allows 100% of the total cost of
brush control projects on public lands be made available as the state's
share in cost sharing.  The bill removes permissive language and requires
the Board to establish priorities favoring areas with the most critical
water conservation needs.  The bill repeals two sections in the
Agriculture Code relating to the term "critical area" which is removed
from previous sections.  The bill directs the governor, when making his
initial appointments to the State Soil and Water Conservation Board, to
appoint one member with a term expiring February 1, 2004, and the second
member with a term expiring February 1, 2005. 


EFFECTIVE DATE

September 1, 2003.





 COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original by adding qualification requirements
for the governor appointees.  The substitute further requires that the
chair of the board be an elected member of the board whereas the original
does not.  The substitute modifies the authority of the board relating to
the brush control program including approved methods for brush control and
considerations in passing on an application whereas the original does not.
The substitute repeals two sections of the Agriculture Code relating to
the term "critical areas" whereas the original does not. A provision in
the original relating to conflict of interest for a member of the state
board is not included in the substitute.