83R5502 JAM-D
 
  By: Larson H.B. No. 1189
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to interstate cooperation to address regional water
  issues.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 8, Water Code, is amended
  to read as follows:
  CHAPTER 8. SOUTHWESTERN STATES WATER [MULTI-STATE WATER RESOURCES
  PLANNING] COMMISSION
         SECTION 2.  Section 8.001(1), Water Code, is amended to read
  as follows:
               (1)  "Commission" means the Southwestern States Water
  [Multi-State Water Resources Planning] Commission.
         SECTION 3.  Section 8.011, Water Code, is amended to read as
  follows:
         Sec. 8.011.  CREATION OF COMMISSION. The Southwestern
  States Water [Multi-State Water Resources Planning] Commission is
  created as an advisory commission to the governor and the
  legislature [agency of the state].
         SECTION 4.  Section 8.013, Water Code, is amended to read as
  follows:
         Sec. 8.013.  COMMISSIONERS [MEMBERS OF COMMISSION];
  APPOINTMENT. [(a)] The commission is composed of six [seven]
  commissioners.  Two commissioners [who] are appointed by the
  governor, two commissioners are appointed by the lieutenant
  governor, and two commissioners are appointed by the speaker of the
  house of representatives [with the advice and consent of the
  senate].
         [(b)     The governor shall make the appointments so that each
  member is from a different section of the state.
         [(c)     Three commissioners must be members of the general
  public, one commissioner must have a background in the field of
  higher education, one commissioner must have a background in
  private business, one commissioner must have a background in
  agriculture, and one commissioner must have a background in an
  energy-related field.]
         SECTION 5.  Section 8.015, Water Code, is amended to read as
  follows:
         Sec. 8.015.  TERMS [OF OFFICE]. (a) Commissioners serve
  [hold office] for staggered terms of six years, with the terms of
  two or three commissioners expiring on February 1 of each
  odd-numbered year.
         (b)  Each commissioner serves [holds office] until the
  commissioner's [his] successor is appointed [and has qualified for
  office].
         (c)  A [If a] vacancy on the commission [occurs in the office
  of commissioner, the governor] shall be filled [appoint a successor
  to serve] for the unexpired portion of the term in the same manner
  as the original appointment.
         SECTION 6.  Section 8.051, Water Code, is amended to read as
  follows:
         Sec. 8.051.  INTERACTION WITH OTHER STATES. (a) In
  cooperation with representatives of neighboring states, the
  commission shall study the water needs of the region, including:
               (1)  water needs for environmental purposes;
               (2)  the effect of energy production on the need for
  water;
               (3)  the effect of take or pay provisions in water
  supply contracts on the need for water; and
               (4)  rights to and uses of water [after the year 2000].
         (b)  The commission shall initiate and carry out discussions
  with representatives of neighboring states relating to:
               (1)  the identification and development of sources and
  methods of augmenting water supplies on a regional basis after
  existing water supplies are fully committed, including:
                     (A)  innovative methods or alternative
  technologies for augmenting water supplies, such as aquifer storage
  and recovery, desalination, and weather modification;
                     (B)  management of snow;
                     (C)  conservation and reuse of water; and
                     (D)  transfers of water from agricultural to urban
  areas;
               (2)  water planning, including drought contingency
  planning;
               (3)  funding for water supply projects; and
               (4)  legislation needed to address water supply needs.
         SECTION 7.  Section 8.052, Water Code, is amended to read as
  follows:
         Sec. 8.052.  INTERACTION WITH MEXICO. The commission shall
  [contract and] confer with the government of Mexico concerning
  water needs and development of sources of water supply.
         SECTION 8.  Section 8.056, Water Code, is amended to read as
  follows:
         Sec. 8.056.  COMPACTS. The commission shall contact and
  negotiate with other states regarding the need for establishing
  interstate compacts, addressing groundwater problems, needs, and
  supplies, if an aquifer underlies several states, and addressing
  other related subjects that would be beneficial to the states
  including the conservation and beneficial use of water and the
  issues identified in Section 8.051(b).
         SECTION 9.  Section 8.014, Water Code, is repealed.
         SECTION 10.  (a) Promptly after this Act takes effect, the
  governor, lieutenant governor, and speaker of the house of
  representatives shall appoint the initial members of the
  Southwestern States Water Commission under Chapter 8, Water Code,
  as amended by this Act.
         (b)  In appointing the initial members of the commission:
               (1)  the governor shall appoint one person to a term
  expiring February 1, 2015, and one person to a term expiring
  February 1, 2017;
               (2)  the lieutenant governor shall appoint one person
  to a term expiring February 1, 2015, and one person to a term
  expiring February 1, 2019; and
               (3)  the speaker of the house of representatives shall
  appoint one person to a term expiring February 1, 2017, and one
  person to a term expiring February 1, 2019.
         SECTION 11.  This Act takes effect September 1, 2013.