2009S0248-2 03/10/09
 
  By: Averitt S.B. No. 2317
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the composition, duties, and expenses of certain
  entities created to study and provide advice regarding
  environmental flows.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (e), Section 11.0236, Water Code, is
  amended to read as follows:
         (e)  The lieutenant governor shall designate an appointed
  senator [with the most seniority] and the speaker of the house of
  representatives shall designate an [the] appointed house member to 
  [with the most seniority] serve together as co-presiding officers
  of the advisory group.
         SECTION 2.  Section 11.02361, Water Code, is amended by
  amending Subsections (a), (b), and (c) and adding Subsection (b-1)
  to read as follows:
         (a)  The Texas environmental flows science advisory
  committee consists of at least five but not more than nine members
  appointed by the board [advisory group].
         (b)  The board [advisory group] shall appoint to the science
  advisory committee persons who will provide an objective
  perspective and diverse technical expertise, including expertise
  in hydrology, hydraulics, water resources, aquatic and terrestrial
  biology, geomorphology, geology, water quality, computer modeling,
  and other technical areas pertinent to the evaluation of
  environmental flows.
         (b-1)  In making an appointment under this section, the board
  shall ensure that the appointee to the science advisory committee
  is not disqualified from service on the committee under provisions
  of state law that apply to such appointees, including provisions
  regarding conflicts of interest.
         (c)  Members of the science advisory committee serve
  five-year terms expiring March 1. A vacancy on the science advisory
  committee is filled by appointment by the board [co-presiding
  officers of the advisory group] for the unexpired term.
         SECTION 3.  Section 11.02362, Water Code, is amended by
  amending Subsections (c), (d), (f), and (g) and adding Subsections
  (f-1) and (i-1) to read as follows:
         (c)  For the river basin and bay systems listed in Subsection
  (b)(1):
               (1)  the advisory group shall appoint the basin and bay
  area stakeholders committee not later than November 1, 2007;
               (2)  the basin and bay area stakeholders committee
  shall establish a basin and bay expert science team not later than
  March 1, 2008;
               (3)  the basin and bay expert science team shall
  finalize environmental flow regime recommendations and submit them
  to the basin and bay area stakeholders committee, the advisory
  group, and the commission not later than December 1 [March 1], 2009,
  except that at the request of the basin and bay area stakeholders
  committee for good cause shown, the advisory group may extend the
  deadline provided by this subdivision;
               (4)  the basin and bay area stakeholders committee
  shall submit to the commission its comments on and recommendations
  regarding the basin and bay expert science team's recommended
  environmental flow regime not later than June 1, 2010 [September 1,
  2009]; and
               (5)  the commission shall adopt the environmental flow
  standards as provided by Section 11.1471 not later than June 1, 2011
  [September 1, 2010].
         (d)  The advisory group shall appoint the basin and bay area
  stakeholders committees for the river basin and bay systems listed
  in Subsection (b)(2) not later than June 1, 2009 [September 1,
  2008], and shall appoint the basin and bay area stakeholders
  committees for the river basin and bay systems listed in Subsection
  (b)(3) not later than June 1, 2010 [September 1, 2009].  The
  advisory group shall establish a schedule for the performance of
  the tasks listed in Subsections (c)(2) through (5) with regard to
  the river basin and bay systems listed in Subsections (b)(2) and (3)
  that will result in the adoption of environmental flow standards
  for that river basin and bay system by the commission as soon as is
  reasonably possible.  Each basin and bay area stakeholders
  committee and basin and bay expert science team for a river basin
  and bay system listed in Subsection (b)(2) or (3) shall make
  recommendations to the advisory group with regard to the schedule
  applicable to that river basin and bay system.  The advisory group
  shall consider the recommendations of the basin and bay area
  stakeholders committee and basin and bay expert science team as
  well as coordinate with, and give appropriate consideration to the
  recommendations of, the commission, the Parks and Wildlife
  Department, and the board in establishing the schedule.
         (f)  The board [advisory group] shall appoint a basin and bay
  area stakeholders committee for each river basin and bay system in
  this state for which a schedule for the development of
  environmental flow regime recommendations and the adoption of
  environmental flow standards is specified by or established under
  Subsection (c), (d), or (e). Chapter 2110, Government Code, does
  not apply to the size, composition, or duration of a basin and bay
  area stakeholders committee. Each committee must consist of at
  least 17 members. The membership of each committee must:
               (1)  reflect a fair and equitable balance of interest
  groups concerned with the particular river basin and bay system for
  which the committee is established; and
               (2)  be representative of appropriate stakeholders,
  including the following if they have a presence in the particular
  river basin and bay system for which the committee is established:
                     (A)  agricultural water users, including
  representatives of each of the following sectors:
                           (i)  agricultural irrigation;
                           (ii)  free-range livestock; and
                           (iii)  concentrated animal feeding
  operation;
                     (B)  recreational water users, including coastal
  recreational anglers and businesses supporting water recreation;
                     (C)  municipalities;
                     (D)  soil and water conservation districts;
                     (E)  industrial water users, including
  representatives of each of the following sectors:
                           (i)  refining;
                           (ii)  chemical manufacturing;
                           (iii)  electricity generation; and
                           (iv)  production of paper products or
  timber;
                     (F)  commercial fishermen;
                     (G)  public interest groups;
                     (H)  regional water planning groups;
                     (I)  groundwater conservation districts;
                     (J)  river authorities and other conservation and
  reclamation districts with jurisdiction over surface water; and
                     (K)  environmental interests.
         (f-1)  In appointing a member to a basin and bay area
  stakeholders committee, the board shall ensure that the appointee
  is not disqualified from service on the committee under provisions
  of state law that apply to such appointees, including provisions
  regarding conflicts of interest.
         (g)  Members of a basin and bay area stakeholders committee
  serve five-year terms expiring March 1. On the expiration of a
  member's term, the board shall make an appointment to the committee
  in accordance with Subsections (f) and (f-1). If a vacancy occurs
  on a committee, the remaining members of the committee by majority
  vote shall appoint a member to serve the remainder of the unexpired
  term.
         (i-1)  In appointing a member to a basin and bay expert
  science team, the basin and bay area stakeholders committee shall
  ensure that the appointee is not disqualified from service on the
  team under provisions of state law that apply to such appointees,
  including provisions regarding conflicts of interest.
         SECTION 4.  Section 15.4063, Water Code, is amended to read
  as follows:
         Sec. 15.4063.  ENVIRONMENTAL FLOWS FUNDING.  The board may
  authorize the use of money in the research and planning fund:
               (1)  to compensate the members of the Texas
  environmental flows science advisory committee established under
  Section 11.02361 for attendance and participation at meetings of
  the committee and for transportation, meals, lodging, or other
  travel expenses other than out-of-state travel expenses associated
  with attendance at those meetings as provided by the General
  Appropriations Act;
               (2)  for contracts with cooperating state and federal
  agencies and universities and with private entities as necessary to
  provide technical assistance to enable the Texas environmental
  flows science advisory committee and the basin and bay expert
  science teams established under Section 11.02362 to perform their
  statutory duties;
               (3)  to compensate the members of the basin and bay
  expert science teams established under Section 11.02362 for
  attendance and participation at meetings of the basin and bay
  expert science teams and for transportation, meals, lodging, or
  other travel expenses other than out-of-state travel expenses 
  associated with attendance at those meetings as provided by the
  General Appropriations Act; and
               (4)  for contracts with political subdivisions
  designated as representatives of basin and bay area stakeholders
  committees established under Section 11.02362 to fund all or part
  of the administrative expenses incurred in conducting meetings of
  the basin and bay area stakeholders committees or the pertinent
  basin and bay expert science teams.
         SECTION 5.  The changes in law made by this Act to Sections
  11.02361 and 11.02362, Water Code, in the appointment and
  qualifications of members of the Texas environmental flows science
  advisory committee, a basin and bay area stakeholders committee,
  and a basin and bay expert science team do not affect the
  entitlement of a member serving on a committee or team immediately
  before the effective date of this Act to continue to serve and
  function as a member of the committee or team for the remainder of
  the member's term. Those changes in law apply only to a member
  appointed on or after the effective date of this Act.
         SECTION 6.  This Act takes effect September 1, 2009.