BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 806

79R6463 BDH-D                                                                                                             By: Averitt

                                                                                                                               Natural Resources

                                                                                                                                              4/9/2005

                                                                                                                                              As Filed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

S.B. 1828, 78th Legislature, Regular Session, 2003, amended Section 201.011, Agriculture Code, to expand the composition of the Texas State Soil and Water Conservation Board (board) from five members to seven.  Under the provisions of the bill, the two additional board members would be appointed by the governor.  The other five members are elected by the soil and water conservation districts.  The legislative intent of S.B. 1828 was to ensure that qualifications of appointed board members were consistent with those of elected board members.  However, the qualifications were not consistent. 

 

As proposed, S.B. 806 harmonizes the qualifications for the board members by requiring that gubernatorial appointees meet the same qualifications as elected board members. 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 201.011, Agriculture Code, to require that two members of the State Soil and Water Conservation Board (board) are eligible voters who own land within a conservation district and are actively engaged in the business of farming or animal husbandry, rather than in the business of farming, animal husbandry, or other business related to agriculture.  Deletes existing text relating to board members wholly or partly owning or leasing land used in connection with an agriculture-related business. 

 

SECTION 2.  Provides that the change in law made by Section 201.011, Agriculture Code, as amended by this Act, does not affect the entitlement of a member serving on the board immediately before the effective date of this Act to continue to serve and function as a member of the board for the remainder of the member's term.  Requires members appointed to fill vacancies on the board occurring on or after the effective date of this Act to be appointed in accordance with Section 201.011, Agriculture Code, as amended by this Act.

 

SECTION 3.  Effective date: upon passage or September 1, 2005.