78R14994 E
By: Puente H.B. No. 3082
Substitute the following for H.B. No. 3082:
By: Puente C.S.H.B. No. 3082
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Water Advisory Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 9.002 through 9.009, 9.016, and 9.017,
Water Code, are amended to read as follows:
Sec. 9.002. CREATION AND MEMBERSHIP. (a) The council is
created to provide the governor, lieutenant governor, speaker of
the house of representatives, and legislature with the resource of
a select council of expertise on state water issues and consists of
15 [13] members as follows:
(1) the chairman, or a board member designated by the
chairman, of the Texas Water Development Board;
(2) the chairman, or a commissioner designated by the
chairman, of the commission;
(3) the chairman, or a commissioner designated by the
chairman, of the Parks and Wildlife Commission;
(4) the commissioner of agriculture;
(5) the commissioner of the General Land Office;
(6) three members of the house of representatives
appointed by the speaker of the house of representatives;
(7) three [two] members of the senate appointed by the
lieutenant governor; and
(8) four [three] members of the general public
appointed by the governor, one representing groundwater
management, one representing surface water management, [and] one
representing the environmental community, and one representing the
coastal region.
(b) Except as provided by Subsection (c), council [Council]
members may not delegate participation or council duties to staff.
(c) A council member who is a member of the governing body of
a state agency may delegate participation and council duties to the
agency's executive administrator, executive director, or deputy
commissioner, as appropriate.
Sec. 9.003. TERMS. (a) Public members serve staggered
three-year terms [Except for the commissioner of the General Land
Office and the commissioner of agriculture, council members who are
officials of state agencies serve terms as determined by the
chairman of each agency].
(b) Public [Council members who are members of the general
public serve staggered six-year terms with the term of one member
expiring August 31 of each odd-numbered year.
[(c) Council] members may be reappointed to serve
additional terms.
(c) Legislative members serve at the discretion of the
original appointing authority.
(d) A vacancy on the council shall be filled by appointment
by the original appointing authority for the unexpired term.
Sec. 9.004. OFFICERS OF THE COUNCIL. (a) The council shall
elect a chair from among the legislative members of the council.
The [governor shall appoint a council member as the] chair of the
council shall serve [for] a two-year term [expiring May 31 of each
even-numbered year].
(b) The council shall alternate the selection of the chair
every two years between a house and senate council member [have a
secretary of the council who serves at the pleasure of the council
and is accountable only to the council].
Sec. 9.005. COUNCIL STAFF. On request by the council, the
senate and house standing committees with primary responsibility
over water resource management, the commission, the Parks and
Wildlife Department, the Department of Agriculture, and the Texas
Water Development Board shall provide any staff [other than the
secretary of the council] necessary to assist the council in the
performance of its duties.
Sec. 9.006. MEETINGS. (a) The council shall conduct public
meetings at the discretion of the chair at least twice a year [meet
at least once in each calendar quarter]. Eight [Six] members
constitute a quorum.
(b) The council is subject to Chapters 551 and 2001,
Government Code.
Sec. 9.007. COMPENSATION OF MEMBERS. (a) Members of the
council serve without compensation but public members may be
reimbursed by legislative appropriation for actual and necessary
expenses related to the performance of council duties.
(b) Reimbursement under Subsection (a) is subject to the
approval of the council [chair].
Sec. 9.008. POWERS AND DUTIES OF COUNCIL. (a) The
governor, lieutenant governor, and speaker of the house of
representatives may issue charges to the council on state water
issues. The council shall provide recommendations to the governor,
lieutenant governor, or speaker of the house of representatives, as
appropriate, based on the charges [The council shall:
[(1) heighten the level of dialogue on significant
water policy issues and, in an advisory role only, strive to provide
focus and recommendations on state water policy initiatives,
including:
[(A) promoting flexibility and incentives for
water desalination, brush control, regionalization, weather
modification projects, and public-private partnerships relating to
water projects;
[(B) promoting adequate financing for surface
water and groundwater projects;
[(C) development of water conservation and
drought management projects;
[(D) implementation of approved regional and
state water plans;
[(E) encouraging commonality of technical data
and information such as joint agency studies, freshwater inflow
recommendations, surface water and groundwater availability
models, and bay and estuary and instream flow recommendations
developed by the Parks and Wildlife Department, the commission, and
the Texas Water Development Board; and
[(F) encouraging the use of supplemental
environmental projects for water infrastructure needs and
enhancing the aquatic environment and habitat in enforcement
proceedings at a state agency or political subdivision;
[(2) encourage the enhancement and coordination of
state, interstate, and international efforts to improve
environmental quality and living conditions along the Texas-Mexico
border;
[(3) coordinate a unified state position on federal
and international water issues; and
[(4) advise the Texas Water Development Board on
developing criteria for prioritizing the funding of projects in the
state water plan].
(b) If the governor, lieutenant governor, or speaker of the
house of representatives does not issue charges to the council, the
council may create a list of state water issues and present the list
to the governor, lieutenant governor, and speaker of the house of
representatives. The governor, lieutenant governor, and speaker of
the house of representatives may select a total of not more than
four issues from the list. The council shall provide
recommendations based on that list.
(c) The council may draft and review proposed legislation,
for purposes of recommendation only, to communicate specific policy
changes that may be needed.
(d) The council may request reports from river authorities,
surface water authorities, and water districts.
(e) The council shall coordinate its efforts with the senate
and house standing committees with primary responsibility over
water resource management.
(f) The council may appoint subcommittees of council
members to analyze specific issues within charges to the council or
issues selected from the council's list by the governor, lieutenant
governor, and speaker of the house of representatives.
(g) The council may appoint a technical committee to analyze
specific issues within charges to the council or issues selected
from the council's list by the governor, lieutenant governor, and
speaker of the house of representatives. The technical committee
may contain noncouncil members.
(h) The council may not:
(1) adopt rules;
(2) regulate water use, water quality, or any other
aspect of water resource management;
(3) plan or construct water resource projects or have
such projects planned or constructed;
(4) grant or lend money for the construction of water
resource projects;
(5) establish water resource management standards or
otherwise usurp the authority of or infringe upon the duties,
responsibilities, or powers of local, regional, or state water
management entities, including groundwater districts, river
authorities and compacts, regional water planning groups, or member
agencies of the council; or
(6) consider or discuss a specific permit or project
or recommendation for a project until the water permit has been
issued by the state and all motions for rehearing have been
overruled.
Sec. 9.009. REPORT. (a) The council shall submit a report
on its recommendations [Not later than December 1 of each
even-numbered year, the council shall submit a report] to the
governor, lieutenant governor, and speaker of the house of
representatives and to the senate and house standing committees
with primary responsibility over water resource management not
later than December 31 each year [and financing].
(b) The report must include recommendations [findings of]
the council made on charges issued by or issues selected from the
council's list by the governor, lieutenant governor, and speaker of
the house of representatives during the year [in the periodic
reviews of authorities during the preceding two-year period and any
other findings and recommendations the council considers
necessary].
(c) The governor, lieutenant governor, and speaker of the
house of representatives may request additional reports on specific
charges at any time.
(d) The council may request reports from committees
established under Sections 9.008(f) and (g).
Sec. 9.016. PUBLIC PARTICIPATION. The council shall
encourage public participation at council meetings and public input
regarding the council's purpose, the exercise of its powers and
duties under Section 9.008, and its preparation of the report
described in Section 9.009[, and its analysis of authorities under
Sections 9.010 and 9.011].
Sec. 9.017. DISSOLUTION OF COUNCIL AND ACCOUNT. Unless
extended by the 79th [78th] Texas Legislature, this chapter and the
interagency water advisory account expire on December 31 [September
1], 2005.
SECTION 2. Sections 9.010, 9.011, and 9.012, Water Code,
are repealed.
SECTION 3. (a) The terms of public members serving on the
Texas Water Advisory Council on the effective date of this Act
expire on that date.
(b) As soon as practicable after the effective date of this
Act, the governor shall appoint four members of the general public
to the Texas Water Advisory Council as provided by Section 9.002,
Water Code, as amended by this Act. The governor may reappoint a
person who was serving on the council on the effective date of this
Act. The newly appointed public members shall draw lots to
determine which two members serve two-year terms and which two
members serve three-year terms.
SECTION 4. This Act takes effect September 1, 2003.