2003S0660-1 03/14/03
By: Averitt S.B. No. 1828
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of the State Soil and Water Conservation
Board to the Department of Agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (d), Section 201.001, Agriculture
Code, is amended to read as follows:
(d) It is the policy of the legislature to provide for the
conservation of soil and related resources of this state and for the
control and prevention of soil erosion, and thereby to preserve
natural resources, control floods, prevent impairment of dams and
reservoirs, assist in maintaining the navigability of rivers and
harbors, preserve wildlife, protect the tax base, protect public
lands, and protect and promote the health, safety, and general
welfare of the people of this state, and thus to carry out the
mandate expressed in Article XVI, Section 59a, of the Texas
Constitution. It is further declared as a matter of legislative
intent and determination of policy that the State Soil and Water
Conservation Board is [the state agency] responsible for
implementing the constitutional provisions and state laws relating
to the conservation and protection of soil resources.
SECTION 2. 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 five members,
with one member elected from each of the state districts in
accordance with this subchapter.
SECTION 3. Subchapter B, Chapter 201, Agriculture Code, is
amended by adding Section 201.0111 to read as follows:
Sec. 201.0111. STATE BOARD IN DEPARTMENT. (a) The state
board is within the department.
(b) The state board shall exercise its functions, duties,
and powers under the direction of the commissioner.
SECTION 4. Subsection (c), Section 201.0151, Agriculture
Code, is amended to read as follows:
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
chairman of the state board. The chairman shall then notify the
commissioner, the governor, and the attorney general that a
potential ground for removal exists. If the potential ground for
removal involves the chairman, the executive director shall notify
the next highest ranking officer of the state board, who shall then
notify the commissioner, the governor, and the attorney general
that a potential ground for removal exists.
SECTION 5. Subsections (a), (f), and (i), Section 201.019,
Agriculture Code, are amended to read as follows:
(a) The commissioner [state board] shall designate one of
its members as chairman.
(f) The executive director or the executive director's
designee shall provide to the commissioner, members of the state
board, and state board employees, as often as necessary,
information regarding the requirements for office or employment
under this chapter, including information regarding a person's
responsibilities under applicable laws relating to standards of
conduct for state officers and employees.
(i) The state board [agency] shall develop and implement
policies which clearly separate the respective responsibilities of
the state board and the staff of the board.
SECTION 6. Subsection (c), Section 201.0191, Agriculture
Code, is amended to read as follows:
(c) The policy statement must:
(1) be filed withthe commissioner and the
governor's office;
(2) be updated annually; and
(3) be reviewed by the Commission on Human Rights for
compliance with Subsection (b)(1).
SECTION 7. Subsections (a) and (b), Section 201.023,
Agriculture Code, are amended to read as follows:
(a) Except as provided by Section 201.081, the state board
shall deposit all money and securities received by it in the state
treasury to the credit of a special fund known as the state soil
conservation fund. That fund shall be appropriated to the
department [state board] for use in the administration of this
chapter and is subject to the same care and control while in the
state treasury as other funds of the state.
(b) The financial transactions of the state board are
subject to audit by the state auditor in accordance with Chapter
321, Government Code. The state board shall file annually with, the
commissioner, the governor, and the presiding officer of each house
of the legislature a complete and detailed written report that
accounts for all funds received and disbursed by the board during
the preceding year. The form of the annual report and the time for
the report shall be prescribed in the General Appropriations Act.
SECTION 8. Subsection (e), Section 201.026, Agriculture
Code, as added by Chapter 1095, Acts of the 77th Legislature,
Regular Session, 2001, is amended to read as follows:
(e) State [Other state] agencies with responsibility for
abating agricultural and silvicultural nonpoint source pollution
shall coordinate any abatement programs and activities with the
state board.
SECTION 9. This Act takes effect September 1, 2003.
SECTION 10. The transfer of the State Soil and Water
Conservation Board under this Act does not affect or impair any act
done, any obligation, complaint, review, program, report,
standard, or requirement existing, any investigation begun, or any
penalty accrued under former law, and that law remains in effect for
any action concerning those matters.