82R9591 JXC-F
 
  By: Callegari H.B. No. 1916
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of weather modification operations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter B, Chapter 301,
  Agriculture Code, is amended to read as follows:
  SUBCHAPTER B. POWERS AND DUTIES OF COUNTIES [TEXAS DEPARTMENT
  OF LICENSING AND REGULATION]
         SECTION 2.  Sections 301.051 and 301.052, Agriculture Code,
  are amended to read as follows:
         Sec. 301.051.  ORDERS [RULES]. A county commissioners court
  [The Texas Department of Licensing and Regulation] may issue orders
  [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 commissioners court [Texas Department of Licensing
  and Regulation] considers necessary or desirable to minimize danger
  to health or property.
         Sec. 301.052.  STUDIES; INVESTIGATIONS; HEARINGS. A
  commissioners court [The 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 3.  Sections 301.057(a) and (b), Agriculture Code,
  are amended to read as follows:
         (a)  A county may enter into cooperative agreements with
  other counties to exercise the powers and perform the duties under
  [The Texas Department of Licensing and Regulation may cooperate
  with public or private agencies to promote the purposes of] this
  chapter.
         (b)  A county [The Texas Department of Licensing and
  Regulation] may enter into cooperative agreements with the United
  States or any of its agencies, with other counties and
  municipalities of this state, or with any private or public
  agencies for conducting weather modification or cloud-seeding
  operations.
         SECTION 4.  Section 301.058(b), Agriculture Code, is amended
  to read as follows:
         (b)  A county [The Texas Department of Licensing and
  Regulation with approval of the executive director] may conduct and
  may contract for research and development activities relating to:
               (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 [the purposes of this section].
         SECTION 5.  Sections 301.101, 301.102, 301.103, 301.105,
  301.106, 301.107, 301.109, 301.110, 301.111, 301.113, 301.114,
  301.115, 301.116, and 301.117, Agriculture Code, are amended to
  read as follows:
         Sec. 301.101.  LICENSE AND PERMIT [REQUIRED]. (a)  A
  commissioners court may require a person who engages in activities
  for weather modification and control in the county or with intent to
  affect any part of the county to obtain a license and permit under
  this chapter.
         (b)  Except as provided by the commissioners court of the
  county [rule of the Texas Department of Licensing and Regulation]
  under Section 301.102, a person may not engage in activities for
  weather modification and control in a county or with intent to
  affect any part of the county:
               (1)  without a weather modification license and weather
  modification permit issued by the county, if the county requires a
  license and permit [the department]; or
               (2)  in violation of any term or condition of a [the]
  license or permit issued under this chapter.
         Sec. 301.102.  EXEMPTIONS. (a) A commissioners court [The
  Texas Department of Licensing and Regulation by rule], to the
  extent it considers exemptions practical, may [shall] provide for
  exempting the following activities from any [the] license and
  permit requirements the county adopts [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 commissioners court [The Texas Department of
  Licensing and Regulation by rule] may modify or revoke an
  exemption.
         Sec. 301.103.  ISSUANCE OF LICENSE. (a) A commissioners
  court that requires a license under this chapter shall establish
  procedures for the county to [The 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
  commissioners court [Texas Department of Licensing and
  Regulation], competence in the field of meteorology that is
  reasonably necessary to engage in weather modification and control
  activities.
         (b)  If the applicant is an organization, the competence must
  be demonstrated by the individual or individuals who are to be in
  control and in charge of the operation for the applicant.
         Sec. 301.105.  EXPIRATION DATE. Each original or renewal
  license expires at the end of the period established by the
  commissioners court [state fiscal year for which it was issued].
         Sec. 301.106.  RENEWAL LICENSE. At the expiration of the
  license period, the county [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.
         Sec. 301.107.  ISSUANCE OF PERMIT. (a) If the commissioners
  court of a county requires a permit, the county [The Texas
  Department of Licensing and Regulation], in accordance with
  procedures [the rules] adopted by the commissioners court 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)  files an application for a permit and 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 commissioners court [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.
         Sec. 301.109.  SCOPE OF PERMIT. If the commissioners court
  requires a permit, a [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 county [Texas
  Department of Licensing and Regulation] may not issue a permit for a
  contracted operation unless the permit [it] covers a continuous
  period not to exceed four years.
         Sec. 301.110.  [APPLICATION AND] NOTICE OF INTENTION.
  Before undertaking any operation, a person who is to conduct the
  operation must [a license holder must file an application for a
  permit and] have a notice of intention published as required by this
  chapter, regardless of whether the commissioners court requires the
  person to have a license or permit.
         Sec. 301.111.  CONTENT OF NOTICE. In the notice of
  intention, the person [applicant] must include:
               (1)  the name and address of the license holder, if the
  commissioners court requires a license, or of the person who is to
  conduct the operation, if the court does not require a license;
               (2)  the nature and object of the intended operation
  and the person or organization on whose behalf it is to be
  conducted;
               (3)  the area in which and the approximate time during
  which the operation is to be conducted;
               (4)  the area that is intended to be affected by the
  operation; and
               (5)  the materials and methods to be used in conducting
  the operation.
         Sec. 301.113.  PROOF OF PUBLICATION; AFFIDAVIT. A person
  who publishes notice under Section 301.111 [The applicant] shall
  file proof of the publication, together with the publishers'
  affidavits, with the county [Texas Department of Licensing and
  Regulation] during the 15-day period immediately after the date of
  the last publication.
         Sec. 301.114.  PROOF OF FINANCIAL RESPONSIBILITY. Proof of
  financial responsibility is made by showing to the satisfaction of
  the county [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.
         Sec. 301.115.  MODIFICATION OF PERMIT. A commissioners
  court [The Texas Department of Licensing and Regulation] may modify
  the terms and conditions of a permit the commissioners court issued 
  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 commissioners court [Texas
  Department of Licensing and Regulation] that a modification is
  necessary to protect the health or property of any person.
         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 commissioners court that issued the permit [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 commissioners court
  [Texas Department of Licensing and Regulation].
         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 county [Texas
  Department of Licensing and Regulation].
         (b)  The county [Texas Department of Licensing and
  Regulation] shall require license holders to submit to the county 
  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 county
  [Texas Department of Licensing and Regulation].
         (c)  All information a county requires to be submitted on an
  operation shall be submitted to the county [Texas Department of
  Licensing and Regulation] before it is released to the public.
         (d)  The reports and records in the custody of the county
  [Texas Department of Licensing and Regulation] shall be kept open
  for public inspection.
         SECTION 6.  Section 301.151(b), Agriculture Code, is amended
  to read as follows:
         (b)  A commissioners court may [The Texas Department of
  Licensing and Regulation by rule shall] define hail suppression as
  used in this subchapter.  A commissioners court that defines hail
  suppression shall use[, using] the most current scientifically
  accepted technological concepts.
         SECTION 7.  Sections 301.152(b) and (c), Agriculture Code,
  are amended to read as follows:
         (b)  If a county requires a permit under this chapter for
  hail suppression, the [The] operational area must be described by
  metes and bounds or other specific bounded description and set out
  in the application for a permit.
         (c)  If the application for a permit does not describe the
  operational area, the commissioners court [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 8.  Section 301.153, Agriculture Code, is amended to
  read as follows:
         Sec. 301.153.  DATE OF PERMIT ISSUANCE; PERMIT AREA. A
  county [permit] may not issue a permit under this subchapter [be
  issued by the 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 9.  Sections 301.163(b), (c), and (d), 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 county [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 commissioners court [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 county [Texas
  Department of Licensing and Regulation] and an election may not be
  held under this chapter.
         SECTION 10.  Section 301.165, Agriculture Code, is amended
  to read as follows:
         Sec. 301.165.  MONITOR OF PROGRAM. The commissioners court
  [Texas Department of Licensing and Regulation] may monitor any
  program conducted under this subchapter under conditions the
  commissioners court [Texas Department of Licensing and Regulation]
  determines advisable.
         SECTION 11.  Section 301.166(b), 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
  commissioners court of that county [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 12.  Section 301.167(a), 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 commissioners court [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 13.  Sections 301.201, 301.202, 301.203, 301.252,
  301.253, 301.254, 301.257, and 301.301, Agriculture Code, are
  amended to read as follows:
         Sec. 301.201.  CIVIL PENALTIES. A commissioners court may
  provide civil penalties for a violation of this chapter or an order
  issued under this chapter [person who violates this chapter is
  subject to Subchapters F and G, Chapter 51, Occupations Code, in the
  same manner as a person regulated by the Texas Department of
  Licensing and Regulation under other law is subject to those
  subchapters].
         Sec. 301.202.  ACT OF GOD. If a person can establish that an
  event that would otherwise be a violation of this chapter or an [a
  rule adopted or] order or permit issued under this chapter was
  caused solely by an act of God, war, strike, riot, or other
  catastrophe, the event is not a violation of this chapter or an [a
  rule,] order[,] or permit issued under this chapter.
         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 an [a rule adopted or] order or permit issued under
  this chapter.
         Sec. 301.252.  GROUNDS FOR REVOCATION OR SUSPENSION OF
  PERMIT. After notice and an opportunity for a hearing, a
  commissioners court [the Texas Department of Licensing and
  Regulation] may revoke or suspend a permit issued by the
  commissioners court 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 county's jurisdiction [of the Texas Department
  of Licensing and Regulation];
               (2)  having a record of environmental violations in the
  preceding five years related to the permitted operation [at the
  permitted site];
               (3)  causing a discharge, release, or emission
  contravening a pollution control standard set by the county [Texas
  Department of Licensing and Regulation] or contravening the intent
  of a law within the county's jurisdiction [of the Texas Department
  of Licensing and Regulation];
               (4)  misrepresenting or failing to disclose fully all
  relevant facts in obtaining the permit or misrepresenting to the
  county [Texas Department of Licensing and Regulation] any relevant
  fact at any time;
               (5)  being indebted to the county [state] for fees,
  payment of penalties, or taxes imposed by the law within the
  county's [department's] jurisdiction;
               (6)  failing to ensure that the management of the
  permitted facility conforms or will conform to the law within the
  county's jurisdiction [of the Texas Department of Licensing and
  Regulation];
               (7)  abandoning the permit or operations under the
  permit;
               (8)  the finding by the county [Texas Department of
  Licensing and Regulation] that a change in conditions requires
  discontinuing [elimination of] the operations [discharge]
  authorized by the permit; or
               (9)  failing to continue to possess qualifications
  necessary for the issuance of the permit.
         Sec. 301.253.  GROUNDS FOR REVOCATION OR SUSPENSION OF
  LICENSE. (a) This section applies to a license issued under this
  chapter or under an order issued [a rule adopted] under this
  chapter.
         (b)  After notice and an opportunity for a hearing, a
  commissioners court [the Texas Department of Licensing and
  Regulation] may suspend or revoke a license issued by the
  commissioners court under this chapter, 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 related to permitted operations [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 county [Texas Department of Licensing and
  Regulation] by the license holder;
               (5)  failing to keep and transmit records as required
  by a law within the county's jurisdiction [of the Texas Department
  of Licensing and Regulation];
               (6)  being indebted to the county [state] for a fee,
  payment of a penalty, or a tax imposed by a law within the county's 
  jurisdiction [of the Texas Department of Licensing and Regulation];
  or
               (7)  failing to continue to possess qualifications
  necessary for the issuance of the license.
         Sec. 301.254.  PROCEDURES FOR NOTICE AND HEARINGS. The
  commissioners court [Texas Department of Licensing and Regulation
  by rule] shall establish procedures for public notice and any
  public hearing under this subchapter.
         Sec. 301.257.  OTHER RELIEF. A proceeding brought by a
  county [the Texas Department of Licensing and Regulation] under
  this subchapter does not affect the authority of the appropriate
  county official [the Texas Department of Licensing and Regulation]
  to bring suit for injunctive relief or other relief to which the
  county may be entitled [a penalty, or both,] under this chapter.
         Sec. 301.301.  IMMUNITY OF STATE. A county [The state] and
  its officers and employees are immune from liability for all
  weather modification and control activities conducted by private
  persons or groups.
         SECTION 14.  Section 301.302(b), Agriculture Code, is
  amended to read as follows:
         (b)  The fact that a person holds a license or permit under
  this chapter or that the person has complied with this chapter or an
  order [the rules] issued under this chapter is not admissible as
  evidence in any legal proceeding brought against the person.
         SECTION 15.  The following provisions of the Agriculture
  Code are repealed:
               (1)  Sections 301.001(1) and (5);
               (2)  Section 301.053;
               (3)  Section 301.054;
               (4)  Section 301.055;
               (5)  Section 301.056;
               (6)  Section 301.057(c);
               (7)  Section 301.058(a);
               (8)  Section 301.059;
               (9)  Section 301.060;
               (10)  Section 301.156(d);
               (11)  Section 301.162(d);
               (12)  Section 301.255;
               (13)  Section 301.256; and
               (14)  Chapter 302.
         SECTION 16.  (a)  The changes in law made by this Act to
  Chapter 301, Agriculture Code, apply only to a license or permit
  issued on or after the effective date of this Act.
         (b)  A county that requires a license and permit under
  Chapter 301, Agriculture Code, as amended by this Act, may review a
  license or permit that was issued by the Texas Department of
  Licensing and Regulation before the effective date of this Act.  A
  county that reviews a license or permit under this section must
  allow the license or permit holder to apply for a license or permit
  from the county before the county revokes the holder's state-issued
  license or permit.
         (c)  A license or permit issued before the effective date of
  this Act is governed by the law in effect on the date the license or
  permit is issued, and the former law is continued in effect for that
  purpose until the license or permit expires or is revoked under
  Subsection (b) of this section.
         SECTION 17.  This Act takes effect September 1, 2011.