|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of the atmosphere modification research |
|
program and center and the administration of the weather |
|
modification and control program. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Title 3, Agriculture Code, is amended by adding |
|
Chapter 50C to read as follows: |
|
CHAPTER 50C. ATMOSPHERE MODIFICATION RESEARCH |
|
SUBCHAPTER A. ATMOSPHERE MODIFICATION RESEARCH PROGRAM |
|
Sec. 50C.001. PURPOSE. The atmosphere modification |
|
research program is established to increase understanding of |
|
precipitation and the ability to control precipitation to decrease |
|
the damaging effects of drought, hail, and flooding on the |
|
environment and man-made structures. |
|
Sec. 50C.002. PARTICIPATION. The atmosphere modification |
|
research program is a competitive research grant program for |
|
faculty researchers at Texas public and private institutions of |
|
higher education with expertise in weather modification or an |
|
atmospheric science. |
|
Sec. 50C.003. ADMINISTRATION OF PROGRAM. The department |
|
shall: |
|
(1) administer the atmosphere modification research |
|
program; |
|
(2) administer grants for research under the program; |
|
(3) select research proposals submitted for |
|
participation in the program by a peer review process; |
|
(4) give preference to multi-institutional and |
|
multidisciplinary proposals and proposals with federal or private |
|
matching funds; and |
|
(5) adopt rules for the implementation and |
|
administration of the program. |
|
Sec. 50C.004. DURATION OF GRANT. A grant made by the |
|
department under this chapter shall be for a period of two years |
|
and, subject to department review, may be extended for a period of |
|
not more than two years. |
|
Sec. 50C.005. REPORT. Not later than October 31 of each |
|
year, a participant in the atmosphere modification research program |
|
must file with the department an annual report detailing the |
|
progress of the participant's project. |
|
Sec. 50C.006. EVALUATION OF PROGRAM. The department shall |
|
cause an independent evaluation of the atmosphere modification |
|
research program to be conducted by a team of experts not associated |
|
with the program or the department during the second year after the |
|
program is created and every two years thereafter. |
|
[Sections 50C.007-50C.050 reserved for expansion] |
|
SUBCHAPTER B. ATMOSPHERE MODIFICATION RESEARCH CENTER |
|
Sec. 50C.051. PURPOSE. The department shall establish an |
|
atmosphere modification research center at Texas Tech University to |
|
conduct basic and applied research designed to increase |
|
understanding of precipitation and the ability to control |
|
precipitation to decrease the damaging effects of drought, hail, |
|
and flooding on the environment and man-made structures. |
|
Sec. 50C.052. PUBLIC FORUM. The atmosphere modification |
|
research center must provide a public forum to disseminate research |
|
findings and recommendations and to obtain comments from state and |
|
local government agencies, business entities, and citizens. |
|
Sec. 50C.053. ATMOSPHERE MODIFICATION RESEARCH CENTER |
|
FUND. (a) The atmosphere modification research center fund is |
|
created as a trust fund with the comptroller and shall be |
|
administered by the department as a trustee on behalf of the center. |
|
The fund is composed of: |
|
(1) gifts, grants, and other donations received by the |
|
department for the fund; |
|
(2) revenue from operation of the center; and |
|
(3) until September 1, 2013, any amounts appropriated |
|
by the legislature for deposit to the credit of the fund from the |
|
general revenue fund, and after that date, an amount appropriated |
|
by the legislature for deposit to the credit of the fund from the |
|
general revenue fund that does not exceed nonstate funding. |
|
(b) Money in the atmosphere modification research center |
|
fund may be used only to finance the atmosphere modification |
|
research of the center. |
|
Sec. 50C.054. DIRECTOR; STAFF. (a) The board of regents |
|
of Texas Tech University shall select a director for the atmosphere |
|
modification research center from among the faculty at the |
|
university. |
|
(b) The center shall be staffed by Texas Tech University |
|
faculty members, research professionals, students, and other |
|
personnel as determined by the board of regents of the university. |
|
Sec. 50C.055. SCIENTIFIC ADVISORY BOARD. (a) The |
|
department shall establish a scientific advisory board to advise |
|
the atmosphere modification research center on research |
|
priorities, guidelines, and procedures. |
|
(b) The board shall establish and review metrics to assess |
|
the effectiveness of the center's research projects. |
|
Sec. 50C.056. REPORT. The atmosphere modification research |
|
center shall file annually with the department and the legislature |
|
a report detailing the center's activities, findings, and |
|
recommendations. |
|
SECTION 2. Subdivision (5), Section 301.001, Agriculture |
|
Code, is amended to read as follows: |
|
(5) "Weather modification and control program" means |
|
the research, development, licensing, and permitting and other |
|
associated activities to be administered by the department [Texas
|
|
Department of Licensing and Regulation]. |
|
SECTION 3. The heading to Subchapter B, Chapter 301, |
|
Agriculture Code, is amended to read as follows: |
|
SUBCHAPTER B. POWERS AND DUTIES OF [TEXAS] DEPARTMENT OF |
|
AGRICULTURE [LICENSING AND REGULATION] |
|
SECTION 4. Section 301.051, Agriculture Code, is amended to |
|
read as follows: |
|
Sec. 301.051. RULES. The department [Texas Department of
|
|
Licensing and Regulation] may adopt rules necessary to: |
|
(1) exercise the powers and perform the duties under |
|
this chapter; |
|
(2) establish procedures and conditions for the |
|
issuance of licenses and permits under this chapter; and |
|
(3) establish standards and instructions to govern the |
|
carrying out of research or projects in weather modification and |
|
control that the department [Texas Department of Licensing and
|
|
Regulation] considers necessary or desirable to minimize danger to |
|
health or property. |
|
SECTION 5. Section 301.052, Agriculture Code, is amended to |
|
read as follows: |
|
Sec. 301.052. STUDIES; INVESTIGATIONS; HEARINGS. The |
|
department [Texas Department of Licensing and Regulation] may make |
|
any studies or investigations, obtain any information, and hold any |
|
hearings necessary or proper to administer or enforce this chapter |
|
or any rules or orders issued under this chapter. |
|
SECTION 6. Section 301.053, Agriculture Code, is amended to |
|
read as follows: |
|
Sec. 301.053. ADVISORY COMMITTEES. The department [Texas
|
|
Department of Licensing and Regulation] may establish advisory |
|
committees to advise the department [Texas Department of Licensing
|
|
and Regulation] and to make recommendations to the department |
|
[Texas Department of Licensing and Regulation] concerning |
|
legislation, policies, administration, research, and other matters |
|
related to the duties, powers, or functions of the department |
|
[Texas Department of Licensing and Regulation] under this chapter. |
|
SECTION 7. Section 301.054, Agriculture Code, is amended to |
|
read as follows: |
|
Sec. 301.054. PERSONNEL. The department [executive
|
|
director] may, as provided by the General Appropriations Act, |
|
appoint and fix the compensation of any personnel, including |
|
specialists and consultants, necessary to perform duties and |
|
functions under this chapter. |
|
SECTION 8. Section 301.055, Agriculture Code, is amended to |
|
read as follows: |
|
Sec. 301.055. MATERIALS AND EQUIPMENT. The department |
|
[Texas Department of Licensing and Regulation] may acquire in the |
|
manner provided by law any materials, equipment, and facilities |
|
necessary to the performance of its duties and functions under this |
|
chapter. |
|
SECTION 9. Section 301.056, Agriculture Code, is amended to |
|
read as follows: |
|
Sec. 301.056. INTERSTATE COMPACTS. The department |
|
[executive director] may represent the state in matters pertaining |
|
to plans, procedures, or negotiations for interstate compacts |
|
relating to weather modification and control. |
|
SECTION 10. Section 301.057, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.057. CONTRACTS AND COOPERATIVE AGREEMENTS. |
|
(a) The department [Texas Department of Licensing and Regulation] |
|
may cooperate with public or private agencies to promote the |
|
purposes of this chapter. |
|
(b) The department [Texas Department of Licensing and
|
|
Regulation] may enter into cooperative agreements with the United |
|
States or any of its agencies, with counties and municipalities of |
|
this state, or with any private or public agencies for conducting |
|
weather modification or cloud-seeding operations. |
|
(c) The department [Texas Department of Licensing and
|
|
Regulation] may represent the state, counties, municipalities, and |
|
public and private agencies in contracting with private concerns |
|
for the performance of weather modification or cloud-seeding |
|
operations. |
|
SECTION 11. Section 301.058, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.058. PROMOTION OF RESEARCH AND DEVELOPMENT. |
|
(a) In order to assist in expanding the theoretical and practical |
|
knowledge of weather modification and control, the department |
|
[Texas Department of Licensing and Regulation] shall promote |
|
continuous research and development in: |
|
(1) the theory and development of methods of weather |
|
modification and control, including processes, materials, and |
|
devices related to these methods; |
|
(2) the use of weather modification and control for |
|
agricultural, industrial, commercial, and other purposes; and |
|
(3) the protection of life and property during |
|
research and operational activities. |
|
(b) The department [Texas Department of Licensing and
|
|
Regulation with approval of the executive director] may conduct and |
|
may contract for research and development activities relating to |
|
the purposes of this section. |
|
SECTION 12. Section 301.059, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.059. GRANTS AND GIFTS. Subject to any limitations |
|
imposed by law, the department [Texas Department of Licensing and
|
|
Regulation] may accept federal grants, private gifts, and donations |
|
from any other source. Unless the use of the money is restricted or |
|
subject to any limitations provided by law, the department [Texas
|
|
Department of Licensing and Regulation] may spend the money for the |
|
administration of this chapter. |
|
SECTION 13. Section 301.060, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.060. DISPOSITION OF LICENSE AND PERMIT FEES. The |
|
department [Texas Department of Licensing and Regulation] shall |
|
deposit all license and permit fees in the state treasury. |
|
SECTION 14. Section 301.101, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.101. LICENSE AND PERMIT REQUIRED. Except as |
|
provided by rule of the department [Texas Department of Licensing
|
|
and Regulation] under Section 301.102, a person may not engage in |
|
activities for weather modification and control: |
|
(1) without a weather modification license and weather |
|
modification permit issued by the department; or |
|
(2) in violation of any term or condition of the |
|
license or permit. |
|
SECTION 15. Section 301.102, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.102. EXEMPTIONS. (a) The department [Texas
|
|
Department of Licensing and Regulation] by rule, to the extent it |
|
considers exemptions practical, shall provide for exempting the |
|
following activities from the license and permit requirements of |
|
this chapter: |
|
(1) research, development, and experiments conducted |
|
by state and federal agencies, institutions of higher learning, and |
|
bona fide nonprofit research organizations; |
|
(2) laboratory research and experiments; |
|
(3) activities of an emergent nature for protection |
|
against fire, frost, sleet, or fog; and |
|
(4) activities normally conducted for purposes other |
|
than inducing, increasing, decreasing, or preventing precipitation |
|
or hail. |
|
(b) The department [Texas Department of Licensing and
|
|
Regulation] by rule may modify or revoke an exemption. |
|
SECTION 16. Subsection (a), Section 301.103, Agriculture |
|
Code, is amended to read as follows: |
|
(a) The department [Texas Department of Licensing and
|
|
Regulation], in accordance with the rules adopted under this |
|
chapter, shall issue a weather modification license to each |
|
applicant who: |
|
(1) pays the license fee; and |
|
(2) demonstrates, to the satisfaction of the |
|
department [Texas Department of Licensing and Regulation], |
|
competence in the field of meteorology that is reasonably necessary |
|
to engage in weather modification and control activities. |
|
SECTION 17. Section 301.106, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.106. RENEWAL LICENSE. At the expiration of the |
|
license period, the department [Texas Department of Licensing and
|
|
Regulation] shall issue a renewal license to each applicant who |
|
pays the license fee and who has the qualifications necessary for |
|
issuance of an original license. |
|
SECTION 18. Section 301.107, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.107. ISSUANCE OF PERMIT. (a) The department |
|
[Texas Department of Licensing and Regulation], in accordance with |
|
the rules adopted under this chapter and on a finding that the |
|
weather modification and control operation as proposed in the |
|
permit application will not significantly dissipate the clouds and |
|
prevent their natural course of developing rain in the area in which |
|
the operation is to be conducted to the material detriment of |
|
persons or property in that area, and after approval at an election |
|
if governed by Subchapter D, may issue a weather modification |
|
permit to each applicant who: |
|
(1) holds a valid weather modification license; |
|
(2) pays the permit fee; |
|
(3) publishes a notice of intention and submits proof |
|
of publication as required by this chapter; and |
|
(4) furnishes proof of financial responsibility. |
|
(b) The department [Texas Department of Licensing and
|
|
Regulation] shall, if requested by at least 25 persons, hold at |
|
least one public hearing in the area where the operation is to be |
|
conducted prior to the issuance of a permit. |
|
SECTION 19. Section 301.109, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.109. SCOPE OF PERMIT. A separate permit is |
|
required for each operation. If an operation is to be conducted |
|
under contract, a permit is required for each separate contract. |
|
The department [Texas Department of Licensing and Regulation] may |
|
not issue a permit for a contracted operation unless it covers a |
|
continuous period not to exceed four years. |
|
SECTION 20. Section 301.113, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.113. PROOF OF PUBLICATION; AFFIDAVIT. The |
|
applicant shall file proof of the publication, together with the |
|
publishers' affidavits, with the department [Texas Department of
|
|
Licensing and Regulation] during the 15-day period immediately |
|
after the date of the last publication. |
|
SECTION 21. Section 301.114, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.114. PROOF OF FINANCIAL RESPONSIBILITY. Proof of |
|
financial responsibility is made by showing to the satisfaction of |
|
the department [Texas Department of Licensing and Regulation] that |
|
the license holder has the ability to respond in damages for |
|
liability that might reasonably result from the operation for which |
|
the permit is sought. |
|
SECTION 22. Section 301.115, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.115. MODIFICATION OF PERMIT. The department |
|
[Texas Department of Licensing and Regulation] may modify the terms |
|
and conditions of a permit if: |
|
(1) the license holder is first given notice and a |
|
reasonable opportunity for a hearing on the need for a |
|
modification; and |
|
(2) it appears to the department [Texas Department of
|
|
Licensing and Regulation] that a modification is necessary to |
|
protect the health or property of any person. |
|
SECTION 23. Section 301.116, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.116. SCOPE OF ACTIVITY. Once a permit is issued, |
|
the license holder shall confine the license holder's activities |
|
substantially within the limits of time and area specified in the |
|
notice of intention, except to the extent that the limits are |
|
modified by the department [Texas Department of Licensing and
|
|
Regulation]. The license holder shall comply with any terms and |
|
conditions of the permit as originally issued or as subsequently |
|
modified by the department [Texas Department of Licensing and
|
|
Regulation]. |
|
SECTION 24. Section 301.117, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.117. RECORDS AND REPORTS. (a) A license holder |
|
shall keep a record of each operation conducted under a permit, |
|
showing: |
|
(1) the method employed; |
|
(2) the type of equipment used; |
|
(3) the kind and amount of each material used; |
|
(4) the times and places the equipment is operated; |
|
(5) the name and mailing address of each individual, |
|
other than the license holder, who participates or assists in the |
|
operation; and |
|
(6) other information required by the department |
|
[Texas Department of Licensing and Regulation]. |
|
(b) The department [Texas Department of Licensing and
|
|
Regulation] shall require written reports for each operation, |
|
whether the operation is exempt or conducted under a permit. A |
|
license holder shall submit a written report at the time and in the |
|
manner required by the department [Texas Department of Licensing
|
|
and Regulation]. |
|
(c) All information on an operation shall be submitted to |
|
the department [Texas Department of Licensing and Regulation] |
|
before it is released to the public. |
|
(d) The reports and records in the custody of the department |
|
[Texas Department of Licensing and Regulation] shall be kept open |
|
for public inspection. |
|
SECTION 25. Subsection (b), Section 301.151, Agriculture |
|
Code, is amended to read as follows: |
|
(b) The department [Texas Department of Licensing and
|
|
Regulation] by rule shall define hail suppression as used in this |
|
subchapter, using the most current scientifically accepted |
|
technological concepts. |
|
SECTION 26. Subsection (c), Section 301.152, Agriculture |
|
Code, is amended to read as follows: |
|
(c) If the application for a permit does not describe the |
|
operational area, the department [Texas Department of Licensing and
|
|
Regulation] may designate an area located inside and up to eight |
|
miles from the limits of the target area described in the |
|
application as the operational area of the permit for the purposes |
|
of this chapter. |
|
SECTION 27. Section 301.153, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.153. DATE OF PERMIT ISSUANCE; PERMIT AREA. A |
|
permit may not be issued by the department [Texas Department of
|
|
Licensing and Regulation] before the end of the 30-day period |
|
immediately following the first publication of notice and then only |
|
in: |
|
(1) those counties or parts of counties in the target |
|
area or operational area in which the majority of the qualified |
|
voters voting have approved or have not disapproved the issuance of |
|
a permit if an election has been held; or |
|
(2) any county or part of a county in the target area |
|
or operational area if no petition for an election has been filed. |
|
SECTION 28. Subsection (d), Section 301.156, Agriculture |
|
Code, is amended to read as follows: |
|
(d) Immediately on calling the election, the clerk of each |
|
county within the target area or operational area shall notify the |
|
department [executive director] of the date of the election. |
|
SECTION 29. Subsection (d), Section 301.162, Agriculture |
|
Code, is amended to read as follows: |
|
(d) The commissioners court of each county holding an |
|
election shall send certified copies of the results of the election |
|
to the department [executive director] not later than 24 hours |
|
after the results are declared under Subsection (a). |
|
SECTION 30. Subsections (b), (c), and (d), Section 301.163, |
|
Agriculture Code, are amended to read as follows: |
|
(b) If a majority of the qualified voters voting in the |
|
election precincts any part of which are located within the target |
|
area vote in favor of issuance of the permit, the department [Texas
|
|
Department of Licensing and Regulation] may issue the permit as |
|
provided in this subchapter, except that if a majority of the |
|
qualified voters voting in any of the following areas vote against |
|
issuance of the permit, that area is excluded from the coverage of |
|
the permit: |
|
(1) an election precinct any part of which is located |
|
in the operational area; or |
|
(2) an election precinct located wholly within the |
|
target area and contiguous with its outer boundary. |
|
(c) If the department [Texas Department of Licensing and
|
|
Regulation] finds that a weather modification and control operation |
|
is still feasible, a permit may be issued covering areas in which no |
|
election is requested or areas in which the voters give their |
|
approval as provided by this subchapter. |
|
(d) If a permit is denied under Subsection (a), an |
|
application for a permit covering all or part of the same target |
|
area or operational area that was denied may not be considered, and |
|
for a period of two years following the date of the election, a |
|
permit under that application may not be issued by the department |
|
[Texas Department of Licensing and Regulation] and an election may |
|
not be held under this chapter. |
|
SECTION 31. Section 301.165, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.165. MONITOR OF PROGRAM. The department [Texas
|
|
Department of Licensing and Regulation] may monitor any program |
|
under conditions the department [Texas Department of Licensing and
|
|
Regulation] determines advisable. |
|
SECTION 32. Subsection (b), Section 301.166, Agriculture |
|
Code, is amended to read as follows: |
|
(b) If the county voters voting in the election disapprove |
|
the issuance of permits authorizing hail suppression, the |
|
department [Texas Department of Licensing and Regulation] may not |
|
issue a permit covering the county until the proposition has been |
|
approved at a subsequent election. |
|
SECTION 33. Subsection (a), Section 301.167, Agriculture |
|
Code, is amended to read as follows: |
|
(a) If any county or part of a county has disapproved the |
|
issuance of a permit at a previous election held under this |
|
subchapter, that county or part of a county may not be included in |
|
any permit issued by the department [Texas Department of Licensing
|
|
and Regulation] until the voters of that county or part of a county |
|
have participated in a subsequent election at which a permit is |
|
approved. |
|
SECTION 34. Section 301.201, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.201. PENALTIES. A person who violates this |
|
chapter is subject to Section 12.020 [Subchapters F and G, Chapter
|
|
51, Occupations Code,] in the same manner as a person regulated by |
|
the department [Texas Department of Licensing and Regulation] under |
|
other law is subject to that section [those subchapters]. |
|
SECTION 35. Section 301.203, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.203. DEFENSE EXCLUDED. Unless otherwise provided |
|
by this chapter, the fact that a person holds a permit issued under |
|
this chapter [by the Texas Department of Licensing and Regulation] |
|
does not relieve that person from liability for the violation of |
|
this chapter or a rule adopted or order or permit issued under this |
|
chapter. |
|
SECTION 36. Section 301.252, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.252. GROUNDS FOR REVOCATION OR SUSPENSION OF |
|
PERMIT. After notice and hearing, the department [Texas Department
|
|
of Licensing and Regulation] may revoke or suspend a permit issued |
|
under this chapter on any of the following grounds: |
|
(1) violating any term or condition of the permit, and |
|
revocation or suspension is necessary to maintain the quality of |
|
water or the quality of air in the state, or to otherwise protect |
|
human health and the environment consistent with the objectives of |
|
the law within the jurisdiction of the department or another agency |
|
of this state [Texas Department of Licensing and Regulation]; |
|
(2) having a record of environmental violations in the |
|
preceding five years at the permitted site; |
|
(3) causing a discharge, release, or emission |
|
contravening a pollution control standard [set by the Texas
|
|
Department of Licensing and Regulation] or contravening the intent |
|
of a law within the jurisdiction of the department or another agency |
|
of this state [Texas Department of Licensing and Regulation]; |
|
(4) misrepresenting or failing to disclose fully all |
|
relevant facts in obtaining the permit or misrepresenting to the |
|
department [Texas Department of Licensing and Regulation] any |
|
relevant fact at any time; |
|
(5) being indebted to the state for fees, payment of |
|
penalties, or taxes imposed by [the] law [within the department's
|
|
jurisdiction]; |
|
(6) failing to ensure that the management of the |
|
permitted facility conforms or will conform to the law within the |
|
jurisdiction of the department or another agency of this state |
|
[Texas Department of Licensing and Regulation]; |
|
(7) abandoning the permit or operations under the |
|
permit; |
|
(8) the finding by the department [Texas Department of
|
|
Licensing and Regulation] that a change in conditions requires |
|
elimination of the discharge authorized by the permit; or |
|
(9) failing to continue to possess qualifications |
|
necessary for the issuance of the permit. |
|
SECTION 37. Subsection (b), Section 301.253, Agriculture |
|
Code, is amended to read as follows: |
|
(b) After notice and hearing, the department [Texas
|
|
Department of Licensing and Regulation] may suspend or revoke a |
|
license, place on probation a person whose license has been |
|
suspended, reprimand a license holder, or refuse to renew or |
|
reissue a license on any of the following grounds: |
|
(1) having a record of environmental violations in the |
|
preceding five years at a permit site; |
|
(2) committing fraud or deceit in obtaining the |
|
license; |
|
(3) demonstrating gross negligence, incompetency, or |
|
misconduct while acting as license holder; |
|
(4) making an intentional misstatement or |
|
misrepresentation of fact in information required to be maintained |
|
or submitted to the department [Texas Department of Licensing and
|
|
Regulation] by the license holder; |
|
(5) failing to keep and transmit records as required |
|
by a law within the jurisdiction of the department [Texas
|
|
Department of Licensing and Regulation]; |
|
(6) being indebted to the state for a fee, payment of a |
|
penalty, or a tax imposed by [a] law [within the jurisdiction of the
|
|
Texas Department of Licensing and Regulation]; or |
|
(7) failing to continue to possess qualifications |
|
necessary for the issuance of the license. |
|
SECTION 38. Section 301.254, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.254. PROCEDURES FOR NOTICE AND HEARINGS. The |
|
department [Texas Department of Licensing and Regulation] by rule |
|
shall establish procedures for public notice and any public hearing |
|
under this subchapter. |
|
SECTION 39. Section 301.255, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.255. HEARINGS. A hearing under this subchapter |
|
shall be conducted in accordance with the hearing rules adopted by |
|
the department [Texas Department of Licensing and Regulation] and |
|
the applicable provisions of Chapter 2001, Government Code. |
|
SECTION 40. Section 301.256, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.256. REVOCATION OR SUSPENSION BY CONSENT. If a |
|
permit holder or license holder requests or consents to the |
|
revocation or suspension of the permit or license, the department |
|
[executive director] may revoke or suspend the permit or license |
|
without a hearing. |
|
SECTION 41. Section 301.257, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 301.257. OTHER RELIEF. A proceeding brought by the |
|
department [Texas Department of Licensing and Regulation] under |
|
this subchapter does not affect the authority of the department |
|
[Texas Department of Licensing and Regulation] to bring suit for |
|
injunctive relief or a penalty, or both, under this chapter. |
|
SECTION 42. Section 302.001, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 302.001. FINDINGS. The legislature finds that weather |
|
modification and control activities may have a significant impact |
|
on Texas agriculture. The legislature further finds that the |
|
department [Texas Department of Licensing and Regulation] is the |
|
proper state agency to administer grants to political subdivisions |
|
for weather modification and control activities. |
|
SECTION 43. Section 302.002, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 302.002. DEFINITION [DEFINITIONS]. In this chapter,[:
|
|
[(1)
"Commission" means the Texas Commission of
|
|
Licensing and Regulation.
|
|
[(2)
"Department" means the Texas Department of
|
|
Licensing and Regulation.
|
|
[(3)] "weather [Weather] modification and control" |
|
means changing or controlling, or attempting to change or control, |
|
by artificial methods the natural development of atmospheric cloud |
|
forms or precipitation forms that occur in the troposphere. |
|
SECTION 44. Subdivision (1), Section 301.001, Agriculture |
|
Code, is repealed. |
|
SECTION 45. (a) On October 1, 2007: |
|
(1) all duties, obligations, rights, contracts, |
|
records, assets, funds, appropriations, and property, excluding |
|
real property and office space, of the Texas Department of |
|
Licensing and Regulation that relate primarily to weather |
|
modification and control are transferred to the Department of |
|
Agriculture; |
|
(2) all rules, policies, forms, procedures, and |
|
decisions of the Texas Department of Licensing and Regulation that |
|
relate primarily to weather modification and control are continued |
|
in effect as rules, policies, forms, procedures, and decisions of |
|
the Department of Agriculture until superseded by a rule or other |
|
appropriate action of the Department of Agriculture; and |
|
(3) the full-time employees of the Texas Department of |
|
Licensing and Regulation who primarily perform duties related to |
|
weather modification and control become employees of the Department |
|
of Agriculture. |
|
(b) Not later than September 21, 2007, the Texas Department |
|
of Licensing and Regulation shall enter into a memorandum of |
|
understanding with the Department of Agriculture to implement this |
|
section. |
|
SECTION 46. This Act takes effect September 1, 2007. |