|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the review and functions of the Texas Water Development |
|
Board. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. SECTION 6.013, Water Code, is amended to read as |
|
follows: |
|
Sec. 6.013. SUNSET PROVISION. The Texas Water Development |
|
Board is subject to review under Chapter 325, Government Code |
|
(Texas Sunset Act), but is not abolished under that chapter. The |
|
board shall be reviewed during the period in which state agencies |
|
abolished in 2023 [2011] and every 12th year after 2023 [2011] are |
|
reviewed. |
|
SECTION 2. Subchapter D, Chapter 6, Water Code, is amended |
|
by adding Sections 6.113, 6.114, and 6.115 to read as follows: |
|
Sec. 6.113. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE |
|
RESOLUTION. (a) The board shall develop and implement a policy to |
|
encourage the use of: |
|
(1) negotiated rulemaking procedures under Chapter |
|
2008, Government Code, for the adoption of board rules; and |
|
(2) appropriate alternative dispute resolution |
|
procedures under Chapter 2009, Government Code, to assist in the |
|
resolution of internal and external disputes under the board's |
|
jurisdiction. |
|
(b) The board's procedures relating to alternative dispute |
|
resolution must conform, to the extent possible, to any model |
|
guidelines issued by the State Office of Administrative Hearings |
|
for the use of alternative dispute resolution by state agencies. |
|
(c) The board shall: |
|
(1) coordinate the implementation of the policy |
|
adopted under Subsection (a); |
|
(2) provide training as needed to implement the |
|
procedures for negotiated rulemaking or alternative dispute |
|
resolution; and |
|
(3) collect data concerning the effectiveness of those |
|
procedures. |
|
Sec. 6.114. FINANCIAL ASSISTANCE PROGRAMS: DEFAULT, |
|
REMEDIES, AND ENFORCEMENT. (a) In this section: |
|
(1) "Default" means: |
|
(A) default in payment of the principal of or |
|
interest on bonds, securities, or other obligations purchased or |
|
acquired by the board; |
|
(B) a default or breach of any of the terms of a |
|
loan, grant, or other financing agreement; or |
|
(C) any other failure to perform an obligation, |
|
breach of a term of an agreement, or default as provided by any |
|
proceeding or agreement evidencing an obligation or agreement of a |
|
recipient, beneficiary, or guarantor of financial assistance |
|
provided by the board. |
|
(2) "Financial assistance program recipient" means a |
|
recipient or beneficiary of funds administered by the board under |
|
this code, including a borrower, grantee, guarantor, or other |
|
beneficiary. |
|
(b) In the event of a default and on request by the board, |
|
the attorney general shall seek: |
|
(1) a writ of mandamus to compel a financial |
|
assistance program recipient or the financial assistance program |
|
recipient's officers, agents, and employees to cure the default; |
|
and |
|
(2) any other legal or equitable remedy the board and |
|
the attorney general consider necessary and appropriate. |
|
(c) A proceeding authorized by this section shall be brought |
|
and venue is in a district court in Travis County. |
|
(d) In a proceeding under this section, the attorney general |
|
may recover reasonable attorney's fees, investigative costs, and |
|
court costs incurred on behalf of the state in the proceeding in the |
|
same manner as provided by general law for a private litigant. |
|
Sec. 6.115. BOARD INFORMATION RESOURCE TECHNOLOGIES. |
|
Subchapter L, Chapter 2054, Government Code, does not apply to |
|
information resource technologies obtained, used, managed, or |
|
controlled by the board. |
|
SECTION 3. Section 6.154, Water Code, is amended to read as |
|
follows: |
|
Sec. 6.154. COMPLAINT FILE. (a) The board shall maintain a |
|
system to promptly and efficiently act on complaints [file on each
|
|
written complaint] filed with the board. The board shall maintain |
|
information about parties to the complaint, [file must include:
|
|
[(1) the name of the person who filed the complaint;
|
|
[(2) the date the complaint is received by the board;
|
|
[(3)] the subject matter of the complaint,[;
|
|
[(4)
the name of each person contacted in relation to
|
|
the complaint;
|
|
[(5)] a summary of the results of the review or |
|
investigation of the complaint, and its disposition[; and
|
|
[(6)
an explanation of the reason the file was closed,
|
|
if the agency closed the file without taking action other than to
|
|
investigate the complaint]. |
|
(b) The board shall make information available describing |
|
its [provide to the person filing the complaint and to each person
|
|
who is a subject of the complaint a copy of the board's policies
|
|
and] procedures for [relating to] complaint investigation and |
|
resolution. |
|
SECTION 4. Section 6.155, Water Code, is amended to read as |
|
follows: |
|
Sec. 6.155. NOTICE OF COMPLAINT. The board[, at least
|
|
quarterly until final disposition of the complaint,] shall |
|
periodically notify the [person filing the] complaint parties [and
|
|
each person who is a subject of the complaint] of the status of the |
|
complaint until final disposition [investigation unless the notice
|
|
would jeopardize an undercover investigation]. |
|
SECTION 5. Section 11.1271, Water Code, is amended by |
|
amending Subsection (f) and adding Subsection (g) to read as |
|
follows: |
|
(f) The commission shall adopt rules: |
|
(1) establishing criteria and deadlines for |
|
submission of water conservation plans, including any required |
|
amendments, and for submission of implementation reports; and |
|
(2) requiring the uniform water use calculation system |
|
developed under Section 16.403 to be used in the water conservation |
|
plans required by this section. |
|
(g) At a minimum, rules adopted under Subsection (f)(2) must |
|
require an entity to report the most detailed level of municipal |
|
water use data currently available to the entity. The commission |
|
may not adopt a rule that requires an entity to report municipal |
|
water use data that is more detailed than the entity's billing |
|
system is capable of producing. |
|
SECTION 6. Section 16.021, Water Code, is amended by |
|
amending Subsections (c), (d), and (e) and adding Subsections (d-1) |
|
and (g) to read as follows: |
|
(c) The executive administrator shall designate the |
|
director of the Texas Natural Resources Information System to serve |
|
as the state geographic information officer. The state geographic |
|
information officer shall: |
|
(1) coordinate the acquisition and use of |
|
high-priority imagery and data sets; |
|
(2) establish, support, and disseminate authoritative |
|
statewide geographic data sets; |
|
(3) support geographic data needs of emergency |
|
management responders during emergencies; |
|
(4) monitor trends in geographic information |
|
technology; and |
|
(5) support public access to state geographic data and |
|
resources [The Texas Geographic Information Council (TGIC) is
|
|
created to provide strategic planning and coordination in the
|
|
acquisition and use of geo-spatial data and related technologies in
|
|
the State of Texas. The executive administrator and the executive
|
|
director of the Department of Information Resources shall designate
|
|
entities to be members of the TGIC.
The chief administrative
|
|
officer of each member entity shall select one representative to
|
|
serve on the TGIC.
The duties of the TGIC shall include providing
|
|
guidance to the executive administrator in carrying out the
|
|
executive administrator's duties under this section and guidance to
|
|
the Department of Information Resources for development of rules
|
|
related to statewide geo-spatial data and technology standards]. |
|
(d) Not later than December 1, 2016, and before the end of |
|
each successive five-year period after that date, the board shall |
|
submit to the governor, lieutenant governor, and speaker of the |
|
house of representatives a report that contains recommendations |
|
regarding: |
|
(1) statewide geographic data acquisition needs and |
|
priorities, including updates on progress in maintaining the |
|
statewide digital base maps described by Subsection (e)(6); |
|
(2) policy initiatives to address the acquisition, |
|
use, storage, and sharing of geographic data across the state; |
|
(3) funding needs to acquire data, implement |
|
technologies, or pursue statewide policy initiatives related to |
|
geographic data; and |
|
(4) opportunities for new initiatives to improve the |
|
efficiency, effectiveness, or accessibility of state government |
|
operations through the use of geographic data [Member entities of
|
|
the TGIC that are state agencies shall, and member entities that are
|
|
not state agencies may, provide information to the TGIC about their
|
|
investments in geographic information and plans for its use.
Not
|
|
later than November 1 of each even-numbered year, the TGIC shall
|
|
prepare and provide to the board, the Department of Information
|
|
Resources, the governor, and the legislature a report that:
|
|
[(1)
describes the progress made by each TGIC member
|
|
entity toward achieving geographic information system goals and in
|
|
implementing geographic information systems initiatives; and
|
|
[(2)
recommends additional initiatives to improve the
|
|
state's geographic information systems programs]. |
|
(d-1) The board shall consult with stakeholders in |
|
preparing the report required by Subsection (d). |
|
(e) The [Under the guidance of the TGIC, the] executive |
|
administrator shall: |
|
(1) further develop the Texas Natural Resources |
|
Information System by promoting and providing for effective |
|
acquisition, archiving, documentation, indexing, and dissemination |
|
of natural resource and related digital and nondigital data and |
|
information; |
|
(2) obtain information in response to disagreements |
|
regarding names and name spellings for natural and cultural |
|
features in the state and provide this information to the Board on |
|
Geographic Names of the United States Department of the Interior; |
|
(3) make recommendations to the Board on Geographic |
|
Names of the United States Department of the Interior for naming any |
|
natural or cultural feature subject to the limitations provided by |
|
Subsection (f); |
|
(4) make recommendations to the Department of |
|
Information Resources to adopt and promote standards that |
|
facilitate sharing of digital natural resource data and related |
|
socioeconomic data among federal, state, and local governments and |
|
other interested parties; |
|
(5) acquire and disseminate natural resource and |
|
related socioeconomic data describing the Texas-Mexico border |
|
region; and |
|
(6) coordinate, conduct, and facilitate the |
|
development, maintenance, and use of mutually compatible statewide |
|
digital base maps depicting natural resources and man-made |
|
features. |
|
(g) The board may establish one or more advisory committees |
|
to assist the board or the executive administrator in implementing |
|
this section, including by providing information in connection with |
|
the preparation of the report required by Subsection (d). In |
|
appointing members to an advisory committee, the board shall |
|
consider including representatives of: |
|
(1) state agencies that are major users of geographic |
|
data; |
|
(2) federal agencies; |
|
(3) local governments; and |
|
(4) the Department of Information Resources. |
|
SECTION 7. Section 16.023(b), Water Code, is amended to |
|
read as follows: |
|
(b) The account may be appropriated only to the board to: |
|
(1) develop, administer, and implement the strategic |
|
mapping program; |
|
(2) provide grants to political subdivisions for |
|
projects related to the development, use, and dissemination of |
|
digital, geospatial information; and |
|
(3) administer, implement, and operate other programs |
|
of the Texas Natural Resources Information System, including: |
|
(A) the operation of a Texas-Mexico border region |
|
information center for the purpose of implementing Section |
|
16.021(e)(5); |
|
(B) the acquisition, storage, and distribution |
|
of historical maps, photographs, and paper map products; |
|
(C) the maintenance and enhancement of |
|
information technology; and |
|
(D) the production, storage, and distribution of |
|
other digital base maps, as determined by the executive |
|
administrator [or a state agency that is a member of the Texas
|
|
Geographic Information Council]. |
|
SECTION 8. Section 16.051, Water Code, is amended by adding |
|
Subsections (a-1) and (a-2) to read as follows: |
|
(a-1) The state water plan must include: |
|
(1) an evaluation of the state's progress in meeting |
|
future water needs, including an evaluation of the extent to which |
|
water management strategies and projects implemented after the |
|
adoption of the preceding state water plan have affected that |
|
progress; and |
|
(2) an analysis of the number of projects included in |
|
the preceding state water plan that received financial assistance |
|
from the board. |
|
(a-2) To assist the board in evaluating the state's progress |
|
in meeting future water needs, the board may obtain implementation |
|
data from the regional water planning groups. |
|
SECTION 9. Sections 16.053(c) and (e), Water Code, are |
|
amended to read as follows: |
|
(c) No later than 60 days after the designation of the |
|
regions under Subsection (b), the board shall designate |
|
representatives within each regional water planning area to serve |
|
as the initial coordinating body for planning. The initial |
|
coordinating body may then designate additional representatives to |
|
serve on the regional water planning group. The initial |
|
coordinating body shall designate additional representatives if |
|
necessary to ensure adequate representation from the interests |
|
comprising that region, including the public, counties, |
|
municipalities, industries, agricultural interests, environmental |
|
interests, small businesses, electric generating utilities, river |
|
authorities, water districts, and water utilities. The regional |
|
water planning group shall maintain adequate representation from |
|
those interests. In addition, the groundwater conservation |
|
districts located in each management area, as defined by Section |
|
36.001, located in the regional water planning area shall appoint |
|
one representative of a groundwater conservation district located |
|
in the management area and in the regional water planning area to |
|
serve on the regional water planning group. In addition, |
|
representatives of the board, the Parks and Wildlife Department, |
|
and the Department of Agriculture shall serve as ex officio members |
|
of each regional water planning group. |
|
(e) Each regional water planning group shall submit to the |
|
development board a regional water plan that: |
|
(1) is consistent with the guidance principles for the |
|
state water plan adopted by the development board under Section |
|
16.051(d); |
|
(2) provides information based on data provided or |
|
approved by the development board in a format consistent with the |
|
guidelines provided by the development board under Subsection (d); |
|
(2-a) is consistent with the desired future conditions |
|
adopted under Section 36.108 for the relevant aquifers located in |
|
the regional water planning area as of the date the board most |
|
recently adopted a state water plan under Section 16.051 or, at the |
|
option of the regional water planning group, established subsequent |
|
to the adoption of the most recent plan; |
|
(3) identifies: |
|
(A) each source of water supply in the regional |
|
water planning area, including information supplied by the |
|
executive administrator on the amount of managed available |
|
groundwater in accordance with the guidelines provided by the |
|
development board under Subsections (d) and (f); |
|
(B) factors specific to each source of water |
|
supply to be considered in determining whether to initiate a |
|
drought response; |
|
(C) actions to be taken as part of the response; |
|
and |
|
(D) existing major water infrastructure |
|
facilities that may be used for interconnections in the event of an |
|
emergency shortage of water; |
|
(4) has specific provisions for water management |
|
strategies to be used during a drought of record; |
|
(5) includes but is not limited to consideration of |
|
the following: |
|
(A) any existing water or drought planning |
|
efforts addressing all or a portion of the region; |
|
(B) approved groundwater conservation district |
|
management plans and other plans submitted under Section 16.054; |
|
(C) all potentially feasible water management |
|
strategies, including but not limited to improved conservation, |
|
reuse, and management of existing water supplies, conjunctive use, |
|
acquisition of available existing water supplies, and development |
|
of new water supplies; |
|
(D) protection of existing water rights in the |
|
region; |
|
(E) opportunities for and the benefits of |
|
developing regional water supply facilities or providing regional |
|
management of water supply facilities; |
|
(F) appropriate provision for environmental |
|
water needs and for the effect of upstream development on the bays, |
|
estuaries, and arms of the Gulf of Mexico and the effect of plans on |
|
navigation; |
|
(G) provisions in Section 11.085(k)(1) if |
|
interbasin transfers are contemplated; |
|
(H) voluntary transfer of water within the region |
|
using, but not limited to, regional water banks, sales, leases, |
|
options, subordination agreements, and financing agreements; and |
|
(I) emergency transfer of water under Section |
|
11.139, including information on the part of each permit, certified |
|
filing, or certificate of adjudication for nonmunicipal use in the |
|
region that may be transferred without causing unreasonable damage |
|
to the property of the nonmunicipal water rights holder; |
|
(6) identifies river and stream segments of unique |
|
ecological value and sites of unique value for the construction of |
|
reservoirs that the regional water planning group recommends for |
|
protection under Section 16.051; |
|
(7) assesses the impact of the plan on unique river and |
|
stream segments identified in Subdivision (6) if the regional water |
|
planning group or the legislature determines that a site of unique |
|
ecological value exists; and |
|
(8) describes the impact of proposed water projects on |
|
water quality. |
|
SECTION 10. Section 16.402, Water Code, is amended by |
|
amending Subsection (e) and adding Subsection (f) to read as |
|
follows: |
|
(e) The board and commission jointly shall adopt rules: |
|
(1) identifying the minimum requirements and |
|
submission deadlines for the annual reports required by Subsection |
|
(b); [and] |
|
(2) requiring the uniform water use calculation system |
|
developed under Section 16.403 to be used in the reports required by |
|
Subsection (b); and |
|
(3) providing for the enforcement of this section and |
|
rules adopted under this section. |
|
(f) At a minimum, rules adopted under Subsection (e)(2) must |
|
require an entity to report the most detailed level of municipal |
|
water use data currently available to the entity. The board and |
|
commission may not adopt a rule that requires an entity to report |
|
municipal water use data that is more detailed than the entity's |
|
billing system is capable of producing. |
|
SECTION 11. Subchapter K, Chapter 16, Water Code, is |
|
amended by adding Section 16.403 to read as follows: |
|
Sec. 16.403. UNIFORM WATER USE CALCULATION SYSTEM. The |
|
board and the commission, in consultation with the Water |
|
Conservation Advisory Council, shall develop a uniform system for |
|
calculating municipal water use in gallons per capita per day to be |
|
used by each entity required to submit a water conservation plan to |
|
the board or the commission under this code. |
|
SECTION 12. Section 17.003, Water Code, is amended by |
|
adding Subsections (c), (d), (e), and (f) to read as follows: |
|
(c) Water financial assistance bonds that have been |
|
authorized but have not been issued are not considered to be state |
|
debt payable from the general revenue fund for purposes of Section |
|
49-j, Article III, Texas Constitution, until the legislature makes |
|
an appropriation from the general revenue fund to the board to pay |
|
the debt service on the bonds. |
|
(d) In requesting approval for the issuance of bonds under |
|
this chapter, the executive administrator shall certify to the bond |
|
review board the debt service on the bonds that is reasonably |
|
expected to be paid from: |
|
(1) the general revenues of the state; and |
|
(2) revenue sources other than the general revenues of |
|
the state. |
|
(e) The bond review board shall determine the portion of the |
|
debt service on bonds to be issued by the board under this chapter |
|
that is state debt payable from the general revenues of the state, |
|
in accordance with the findings made by the board in the resolution |
|
authorizing the issuance of the bonds and the certification |
|
provided by the executive administrator under Subsection (d). |
|
(f) Bonds issued under this chapter that are designed to be |
|
paid from the general revenues of the state shall cease to be |
|
considered bonds payable from those revenues if: |
|
(1) the bonds are backed by insurance or another form |
|
of guarantee that ensures payment from a source other than the |
|
general revenues of the state; or |
|
(2) the board demonstrates to the satisfaction of the |
|
bond review board that the bonds no longer require payment from the |
|
general revenues of the state and the bond review board so certifies |
|
to the Legislative Budget Board. |
|
SECTION 13. As soon as practicable after the effective date |
|
of this Act, groundwater conservation districts shall appoint |
|
initial representatives to regional water planning groups as |
|
required by Section 16.053(c), Water Code, as amended by this Act. |
|
SECTION 14. Not later than January 1, 2013: |
|
(1) the Texas Commission on Environmental Quality |
|
shall adopt rules under Section 11.1271(f), Water Code, as amended |
|
by this Act; |
|
(2) the Texas Water Development Board and the Texas |
|
Commission on Environmental Quality jointly shall adopt rules under |
|
Section 16.402(e), Water Code, as amended by this Act; and |
|
(3) the Texas Water Development Board and the Texas |
|
Commission on Environmental Quality, in consultation with the Water |
|
Conservation Advisory Council, shall develop the water use |
|
calculation system required by Section 16.403, Water Code, as added |
|
by this Act. |
|
SECTION 15. This Act takes effect September 1, 2011. |