By:  Averitt                                                      S.B. No. 1828


A BILL TO BE ENTITLED

AN ACT

relating to the composition and duties of the State Soil and Water 
Conservation Board.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 201.011, Agriculture Code, is amended to 
read as follows:
	Sec. 201.011.  COMPOSITION.  The State Soil and Water 
Conservation Board is a state agency composed of seven [five] 
members as follows:
		(1)  [, with] one member elected from each of the state 
districts in accordance with this subchapter; and
		(2)  two members appointed by the governor, each of 
whom is:         
			(A)  actively engaged in the business of farming, 
animal husbandry, or other business related to agriculture and who 
wholly or partly owns or leases land used in connection with that 
business; and
			(B)  not a member of the board of directors of a 
conservation district.
	SECTION 2.  Subsection (b), Section 201.015, Agriculture 
Code, is amended to read as follows:
	(b)  The term of office of an elected [a] member of the state 
board begins on the day after the day on which the member was 
elected.  The term of one member appointed by the governor expires 
February 1 of each odd-numbered year, and the term of the other 
member appointed by the governor expires February 1 of each 
even-numbered year.
	SECTION 3.  Section 201.016, Agriculture Code, is amended to 
read as follows:
	Sec. 201.016.  VACANCY.  Vacancies on the state board for 
state district positions are filled by election in the manner 
provided by this subchapter for an unexpired term or for a full 
term.
	SECTION 4.  Subchapter B, Chapter 201, Agriculture Code, is 
amended by adding Sections 201.028, 201.029, and 201.030 to read as 
follows:
	Sec. 201.028.  SEMIANNUAL REPORT.  Not later than January 1 
and July 1 of each year, the state board shall prepare and deliver a 
report to the governor, the lieutenant governor, and the speaker of 
the house of representatives relating to the status of the board's 
budget areas of responsibility assigned to the board, including 
outreach programs, grants made and received, federal funding 
applied for and received, special projects, and oversight of water 
conservation district activities.
	Sec. 201.029.  MANAGEMENT AUDIT.  (a)  Not later than March 
1, 2004, the state auditor, in coordination with the Legislative 
Budget Board, shall conduct a management audit of the State Soil and 
Water Conservation Board and deliver the audit report to the 
governor, the lieutenant governor, and the speaker of the house of 
representatives.  The audit shall include an evaluation of the 
administrative budget for the board.
	(b)  This section expires April 1, 2004.                                
	Sec. 201.030.  CONFLICT OF INTEREST.  A member of the state 
board may not have an interest in any agreement or contract to which 
the state board is a party.
	SECTION 5.  In making initial appointments to the State Soil 
and Water Conservation Board under Section 201.011, Agriculture 
Code, as amended by this Act, the governor shall designate one 
member to serve a term expiring February 1, 2004, and the other 
member to serve a term expiring February 1, 2005.
	SECTION 6.  The State Soil and Water Conservation Board 
shall prepare and deliver the first report required by Section 
201.028, Agriculture Code, as added by this Act, not later than 
January 1, 2004.
	SECTION 7.  This Act takes effect September 1, 2003.