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78R6737 MI-F
By: Geren H.B. No. 1378
A BILL TO BE ENTITLED
AN ACT
relating to the duties of the Texas Water Development Board and the
executive administrator of the board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 15.005(a), (b), and (d), Water Code,
are amended to read as follows:
(a) On submission of a project application under this
chapter, the executive administrator [development fund manager]
shall 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) If the executive administrator [development fund
manager] finds that the application includes a project that has
flood control as one of its purposes and that the watershed in which
the project is located is partially located outside the political
subdivision making the application, the executive administrator
[development fund manager] shall require the applicant to submit a
written memorandum of understanding relating to the management of
the watershed in which the project is to be located.
(d) The board shall not consider any application for which a
memorandum of understanding must be filed under this section until
that memorandum of understanding is filed with the executive
administrator [development fund manager].
SECTION 2. Section 16.012(m), Water Code, is amended to
read as follows:
(m) The executive administrator may conduct surveys of
entities using groundwater and surface water at intervals
determined appropriate by the executive administrator to gather
data to be used for long-term water supply planning. Recipients of
the survey shall complete and return the survey to the executive
administrator. A person who fails to timely complete and return the
survey is not eligible for funding from the board for board programs
and is ineligible to obtain permits, permit amendments, or permit
renewals from the commission under Chapter 11. A person who fails
to complete and return the survey commits an offense that is
punishable as a Class C misdemeanor. [Surveys obtained by the board
from nongovernmental entities are excepted from the requirements of
Section 552.021, Government Code, unless otherwise directed in
writing by the person completing the survey.] This subsection does
not apply to survey information regarding windmills used for
domestic and livestock use.
SECTION 3. Section 16.053(d), Water Code, is amended to
read as follows:
(d) The board shall provide guidelines for the
consideration of existing regional planning efforts by regional
water planning groups. The board shall provide guidelines for the
format in which information shall be presented in the regional
water plans. [The board by rule shall require a holder of a surface
water permit, a certified filing, or a certificate of adjudication
for surface water, a holder of a permit for the export of
groundwater from a groundwater conservation district, a retail
public water supplier, a wholesale water provider, an irrigation
district, and any other person who is transporting groundwater or
surface water 20 miles or more to report to the board information on
certain water pipelines and other facilities that can be used for
water conveyance. Nothing in the initial planning effort shall
prevent development of a management plan or project where local or
regional needs require action prior to completion of the initial
regional water plan under this section.]
SECTION 4. Section 17.183, Water Code, is amended to read as
follows:
Sec. 17.183. CONSTRUCTION CONTRACT REQUIREMENTS. The
governing body of each political subdivision receiving financial
assistance from the board shall require in all contracts for the
construction of a project:
(1) that each bidder furnish a bid guarantee
equivalent to five percent of the bid price;
(2) that each contractor awarded a construction
contract furnish performance and payment bonds:
(A) the performance bond shall include without
limitation guarantees that work done under the contract will be
completed and performed according to approved plans and
specifications and in accordance with sound construction
principles and practices; and
(B) the performance and payment bonds shall be in
a penal sum of not less than 100 percent of the contract price and
remain in effect for one year beyond the date of approval by the
engineer of the political subdivision; and
(3) that payment be made in partial payments as the
work progresses;
(4) that each partial payment shall not exceed 95
percent of the amount due at the time of the payment as shown by the
engineer of the project, but, if the project is substantially
complete, a partial release of the five percent retainage may be
made by the political subdivision with approval of the executive
administrator;
(5) that payment of the retainage remaining due upon
completion of the contract shall be made only after:
(A) approval by the engineer for the political
subdivision as required under the bond proceedings;
(B) approval by the governing body of the
political subdivision by a resolution or other formal action; and
(C) certification by the executive administrator
[development fund manager] in accordance with the rules of the
board that the work to be done under the contract has been completed
and performed in a satisfactory manner and in accordance with sound
engineering principles and practices;
(6) that no valid approval may be granted unless the
work done under the contract has been completed and performed in a
satisfactory manner according to approved plans and
specifications; and
(7) that, if a political subdivision receiving
financial assistance under Subchapter K of this chapter, labor
from inside the political subdivision be used to the extent
possible.
SECTION 5. Section 17.276(a), Water Code, is amended to
read as follows:
(a) After an application is received for financial
assistance, the executive administrator [development fund manager]
shall submit the application to the board together with comments
and recommendations concerning the best method of making financial
assistance available.
SECTION 6. Section 11.155(c), Water Code, is repealed.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
COMMITTEE AMENDMENT NO. 1
Amend H.B. 1378 as follows:
(1) On page 2, line 4, between "water" and "at", insert "for
municipal, industrial, power generation or mining purposes".
(2) On page 2, line 19, between "Section 16.053 (d)" and the
comma, insert "and (e)"
(3) On page 3, after line 9, insert the following:
"(e) Each regional water planning group shall submit to the
board a regional water plan that:
(1) is consistent with the guidance principles for the
state water plan adopted by the board under Section 16.051(d);
(2) provides information based on data provided or
approved by the board in a format consistent with the guidelines
provided by the board under Subsection (d);
(3) identifies:
(A) each source of water supply in the regional
water planning area in accordance with the guidelines provided by
the board under Subsections (d) and (f);
(B) factors specific to each source of water
supply to be considered in determining whether to initiate a
drought response; and
(C) actions to be taken as part of the response;
[and]
[(D) information on water pipelines and other
facilities that can be used for water conveyance, including, but
not limited to, currently used and abandoned oil, gas, and water
pipelines, as provided by board rules and guidelines;]
(4) has specific provisions for water management
strategies to be used during a drought of record;
(5) includes but is not limited to consideration of
the following:
(A) any existing water or drought planning
efforts addressing all or a portion of the region;
(B) certified groundwater conservation district
management plans and other plans submitted under Section 16.054;
(C) all potentially feasible water management
strategies, including but not limited to improved conservation,
reuse, and management of existing water supplies, acquisition of
available existing water supplies, and development of new water
supplies;
(D) protection of existing water rights in the
region;
(E) opportunities for and the benefits of
developing regional water supply facilities or providing regional
management of water supply facilities;
(F) appropriate provision for environmental
water needs and for the effect of upstream development on the bays,
estuaries, and arms of the Gulf of Mexico and the effect of plans on
navigation;
(G) provisions in Section 11.085(k)(1) if
interbasin transfers are contemplated;
(H) voluntary transfer of water within the region
using, but not limited to, regional water banks, sales, leases,
options, subordination agreements, and financing agreements; and
(I) emergency transfer of water under Section
11.139, including information on the part of each permit, certified
filing, or certificate of adjudication for nonmunicipal use in the
region that may be transferred without causing unreasonable damage
to the property of the nonmunicipal water rights holder;
(6) identifies river and stream segments of unique
ecological value and sites of unique value for the construction of
reservoirs that the regional water planning group recommends for
protection under Section 16.051;
(7) assesses the impact of the plan on unique river and
stream segments identified in Subdivision (6) if the regional water
planning group or the legislature determines that a site of unique
ecological value exists; and
(8) describes the impact of proposed water projects on
water quality."
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