79R1313 RMB-F
By: Puente H.B. No. 1226
A BILL TO BE ENTITLED
AN ACT
relating to water conservation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 2, Water Code, is amended by
adding Chapter 10 to read as follows:
CHAPTER 10. WATER CONSERVATION ADVISORY COUNCIL
Sec. 10.001. DEFINITIONS. In this chapter:
(1) "Best management practices" has the meaning
assigned by Section 11.002.
(2) "Board" means the Texas Water Development Board.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "Council" means the Water Conservation Advisory
Council.
Sec. 10.002. PURPOSE. The council is created to provide the
governor, lieutenant governor, speaker of the house of
representatives, legislature, board, commission, political
subdivisions, and the public with the resource of a select council
with expertise in water conservation.
Sec. 10.003. CREATION AND MEMBERSHIP. (a) The council is
composed of 17 members appointed by the board. The board shall
appoint one member to represent each of the following entities or
interest groups:
(1) Texas Commission on Environmental Quality;
(2) Department of Agriculture;
(3) Parks and Wildlife Department;
(4) State Soil and Water Conservation Board;
(5) Texas Water Development Board;
(6) regional water planning groups;
(7) federal agencies;
(8) municipalities;
(9) groundwater conservation districts;
(10) river authorities;
(11) environmental groups;
(12) irrigation districts;
(13) industries;
(14) institutional water users;
(15) professional organizations focused on water
conservation;
(16) higher education; and
(17) agricultural groups.
(b) Each entity or interest group described by Subsection
(a) may recommend one or more persons to fill the position on the
council held by the member who represents that entity or interest
group. If one or more persons are recommended for a position on the
council, the board shall appoint one of the persons recommended to
fill the position.
Sec. 10.004. TERMS. (a) Members of the council serve
staggered terms of six years, with five or six members' terms, as
applicable, expiring August 31 of each odd-numbered year.
(b) The board shall fill a vacancy on the council for the
unexpired term by appointing a person who has the same
qualifications as required under Section 10.003 for the person who
previously held the vacated position.
Sec. 10.005. PRESIDING OFFICER. The council members shall
select one member as the presiding officer of the council to serve
in that capacity until the person's term as a council member
expires.
Sec. 10.006. COUNCIL STAFF. On request by the council, the
board shall provide any necessary staff to assist the council in the
performance of its duties.
Sec. 10.007. PUBLIC MEETINGS AND PUBLIC INFORMATION. (a)
The council may hold public meetings as needed to fulfill its duties
under this chapter.
(b) The council is subject to Chapters 551 and 552,
Government Code.
Sec. 10.008. INAPPLICABILITY OF ADVISORY COMMITTEE LAW.
Chapter 2110, Government Code, does not apply to the size,
composition, or duration of the council.
Sec. 10.009. COMPENSATION OF MEMBERS. (a) Members of the
council serve without compensation but 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 presiding officer of the council.
Sec. 10.010. POWERS AND DUTIES OF COUNCIL. The council
shall:
(1) monitor trends in water conservation
implementation;
(2) monitor new technologies for possible inclusion by
the board as best management practices in the best management
practices guide developed by the water conservation implementation
task force under Chapter 109, Acts of the 78th Legislature, Regular
Session, 2003;
(3) monitor the effectiveness of the statewide water
conservation public awareness program developed under Section
16.401 and associated local involvement in implementation of the
program;
(4) develop and implement a state water management
resource library;
(5) develop and implement a public recognition program
for water conservation;
(6) monitor the implementation of water conservation
strategies by water users included in regional water plans; and
(7) monitor target and goal guidelines for water
conservation to be considered by the board and commission.
Sec. 10.011. REPORT. Not later than December 1 of each
even-numbered year, the council shall submit to the governor,
lieutenant governor, and speaker of the house of representatives a
report on progress made in water conservation in this state.
SECTION 2. Section 11.002, Water Code, is amended by adding
Subdivision (15) to read as follows:
(15) "Best management practices" means those
voluntary efficiency measures developed by the commission and the
board that save a quantifiable amount of water, either directly or
indirectly, and that can be implemented within a specified time
frame.
SECTION 3. Subchapter E, Chapter 13, Water Code, is amended
by adding Section 13.146 to read as follows:
Sec. 13.146. WATER CONSERVATION PLAN. The commission shall
require a retail public utility that provides potable water service
to a population of 3,300 or more to submit to the executive
administrator of the board a water conservation plan based on
specific targets and goals developed by the retail public utility
and using appropriate best management practices, as defined by
Section 11.002, or other water conservation strategies. For
purposes of this section, the population served by a retail public
utility shall be determined on the basis of the population
estimates contained in the most recent regional water plan adopted
for the regional water planning area in which the retail public
utility's service area is located.
SECTION 4. Section 15.102(b), Water Code, is amended to
read as follows:
(b) The loan fund may also be used by the board to provide:
(1) grants or loans for projects that include
supplying water and wastewater services in economically distressed
areas or nonborder colonias as provided by legislative
appropriations, this chapter, and board rules, including projects
involving retail distribution of those services; and
(2) grants for:
(A) projects for which federal grant funds are
placed in the loan fund;
(B) projects, on specific legislative
appropriation for those projects; or
(C) water conservation, desalination, brush
control, weather modification, regionalization, and projects
providing regional water quality enhancement services as defined by
board rule, including regional conveyance systems.
SECTION 5. Section 16.053(g), Water Code, is amended to
read as follows:
(g) The board shall provide technical and financial
assistance to the regional water planning groups in the development
of their plans. The board shall simplify, as much as possible,
planning requirements in regions with abundant water resources.
The board, if requested, may facilitate resolution of conflicts
within regions. The board shall develop and implement a regional
water conservation assistance program consisting of regional
conservation coordinators located in each regional water planning
area of the state to enhance and facilitate water conservation
efforts in each of those areas. A regional conservation
coordinator located in a regional water planning area may assist a
coordinator located in another area.
SECTION 6. Chapter 16, Water Code, is amended by adding
Subchapter K to read as follows:
SUBCHAPTER K. WATER CONSERVATION
Sec. 16.401. STATEWIDE WATER CONSERVATION PUBLIC AWARENESS
PROGRAM. The executive administrator shall develop and implement a
statewide water conservation public awareness program to educate
residents of this state about water conservation. The program
shall take into account the differences in water conservation needs
of various geographic regions of the state and shall be designed to
complement and support existing local and regional water
conservation programs.
Sec. 16.402. WATER CONSERVATION PLAN REVIEW. (a) Each
entity that is required to submit a water conservation plan to the
commission under this code shall submit a copy of the plan to the
executive administrator.
(b) Each entity that is required to submit a water
conservation plan to the executive administrator, board, or
commission under this code shall report annually to the executive
administrator on the entity's progress in implementing the plan.
(c) The executive administrator shall review each water
conservation plan and annual report to determine compliance with
the minimum requirements and submission deadlines developed under
Subsection (e).
(d) The board may notify the commission if the board
determines that an entity has violated this section or a rule
adopted under this section. Notwithstanding Section 7.051(b), a
violation of this section or of a rule adopted under this section is
enforceable in the manner provided by Chapter 7 for a violation of a
provision of this code within the commission's jurisdiction or of a
rule adopted by the commission under a provision of this code within
the commission's jurisdiction.
(e) The board and commission jointly shall adopt rules:
(1) identifying the minimum requirements and
submission deadlines for the water conservation plans described by
Subsection (b) and the annual reports required by that subsection;
and
(2) providing for the enforcement of this section and
rules adopted under this section.
SECTION 7. Section 17.125, Water Code, is amended by adding
Subsection (b-2) to read as follows:
(b-2) The board shall give priority to applications for
funds for implementation of water supply projects in the state
water plan by entities that:
(1) have already demonstrated significant water
conservation savings; or
(2) will achieve significant water conservation
savings by implementing the proposed project for which the
financial assistance is sought.
SECTION 8. As soon as practicable on or after the effective
date of this Act, the Texas Water Development Board shall appoint
the initial members of the Water Conservation Advisory Council, as
required by Section 10.003, Water Code, as added by this Act. In
making the initial appointments, the board shall designate five
members to serve terms expiring August 31, 2007, six members to
serve terms expiring August 31, 2009, and six members to serve terms
expiring August 31, 2011.
SECTION 9. (a) Sections 15.102 and 17.125, Water Code, as
amended by this Act, apply only to an application for financial
assistance filed with the Texas Water Development Board on or after
the effective date of this Act. An application for financial
assistance filed before the effective date of this Act is governed
by the law in effect on the date the application was filed, and the
former law is continued in effect for that purpose.
(b) Not later than January 1, 2006, the Texas Water
Development Board and the Texas Commission on Environmental Quality
jointly shall adopt rules as required by Section 16.402(e), Water
Code, as added by this Act.
SECTION 10. 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, 2005.