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A BILL TO BE ENTITLED
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AN ACT
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relating to the functions of the Texas Water Development Board and |
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continuation and functions of the State Water Implementation Fund |
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for Texas Advisory Committee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6.013, Water Code, is amended to read as |
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follows: |
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Sec. 6.013. SUNSET PROVISION. The Texas Water Development |
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Board is subject to review under Chapter 325, Government Code |
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(Texas Sunset Act), but is not abolished under that chapter. The |
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board shall be reviewed during the period in which state agencies |
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abolished in 2035 [2023] and every 12th year after 2035 [2023] are |
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reviewed. |
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SECTION 2. Section 6.062, Water Code, is amended by |
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amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the law governing [legislation that created the] |
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board operations; |
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(2) the programs, functions, rules, and budget of |
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[operated by] the board; |
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(3) the scope of and limitations on the rulemaking |
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authority [role and functions] of the board; |
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(4) [the rules of the board, with an emphasis on the |
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rules that relate to disciplinary and investigatory authority; |
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[(5) the current budget for the board; |
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[(6)] the results of the most recent formal audit of |
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the board; |
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(5) [(7)] the requirements of: |
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(A) laws relating to [the] open meetings, [law, |
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Chapter 551, Government Code; |
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[(B) the] public information, [law, Chapter 552, |
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Government Code; |
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[(C) the] administrative procedure, [law, |
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Chapter 2001, Government Code;] and disclosing conflicts of |
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interest; and |
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(B) [(D)] other laws applicable to members of a |
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state policy-making body in performing their duties [relating to |
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public officials, including conflict of interest laws]; and |
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(6) [(8)] any applicable ethics policies adopted by |
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the board or the Texas Ethics Commission. |
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(d) The executive administrator shall create a training |
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manual that includes the information required by Subsection (b). |
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The executive administrator shall distribute a copy of the training |
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manual annually to each member of the board. Each member of the |
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board shall sign and submit to the executive administrator a |
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statement acknowledging that the member received and reviewed the |
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training manual. |
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SECTION 3. Section 15.438(k), Water Code, is amended to |
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read as follows: |
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(k) The advisory committee is subject to Chapter 325, |
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Government Code (Texas Sunset Act). Unless continued in existence |
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as provided by that chapter, the advisory committee is abolished |
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and this section expires September 1, 2035 [2023]. |
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SECTION 4. Section 16.053, Water Code, is amended by |
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amending Subsection (e) and adding Subsection (e-2) to read as |
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follows: |
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(e) Each regional water planning group shall submit to the |
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development board a regional water plan that: |
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(1) is consistent with the guidance principles for the |
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state water plan adopted by the development board under Section |
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16.051(d); |
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(2) provides information based on data provided or |
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approved by the development board in a format consistent with the |
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guidelines provided by the development board under Subsection (d); |
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(2-a) is consistent with the desired future conditions |
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adopted under Section 36.108 for the relevant aquifers located in |
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the regional water planning area as of the most recent deadline for |
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the board to adopt the state water plan under Section 16.051 or, at |
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the option of the regional water planning group, established |
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subsequent to the adoption of the most recent plan; provided, |
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however, that if no groundwater conservation district exists within |
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the area of the regional water planning group, the regional water |
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planning group shall determine the supply of groundwater for |
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regional planning purposes; the Texas Water Development Board shall |
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review and approve, prior to inclusion in the regional water plan, |
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that the groundwater supply for the regional planning group without |
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a groundwater conservation district in its area is physically |
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compatible, using the board's groundwater availability models, |
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with the desired future conditions adopted under Section 36.108 for |
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the relevant aquifers in the groundwater management area that are |
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regulated by groundwater conservation districts; |
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(3) identifies: |
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(A) each source of water supply in the regional |
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water planning area, including information supplied by the |
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executive administrator on the amount of modeled available |
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groundwater in accordance with the guidelines provided by the |
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development board under Subsections (d) and (f); |
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(B) factors specific to each source of water |
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supply to be considered in determining whether to initiate a |
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drought response; |
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(C) actions to be taken as part of the response; |
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(D) existing major water infrastructure |
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facilities that may be used for interconnections in the event of an |
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emergency shortage of water; and |
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(E) unnecessary or counterproductive variations |
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in specific drought response strategies, including outdoor |
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watering restrictions, among user groups in the regional water |
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planning area that may confuse the public or otherwise impede |
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drought response efforts; |
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(4) has specific provisions for water management |
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strategies to be used during a drought of record; |
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(5) includes but is not limited to consideration of |
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the following: |
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(A) any existing water or drought planning |
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efforts addressing all or a portion of the region and potential |
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impacts on public health, safety, or welfare in this state; |
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(B) approved groundwater conservation district |
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management plans and other plans submitted under Section 16.054; |
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(C) all potentially feasible water management |
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strategies, including but not limited to improved conservation, |
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reuse, and management of existing water supplies, conjunctive use, |
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acquisition of available existing water supplies, and development |
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of new water supplies; |
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(D) protection of existing water rights in the |
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region; |
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(E) opportunities for and the benefits of |
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developing regional water supply facilities or providing regional |
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management of water supply facilities; |
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(F) appropriate provision for environmental |
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water needs and for the effect of upstream development on the bays, |
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estuaries, and arms of the Gulf of Mexico and the effect of plans on |
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navigation; |
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(G) provisions in Section 11.085(k)(1) if |
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interbasin transfers are contemplated; |
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(H) voluntary transfer of water within the region |
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using, but not limited to, regional water banks, sales, leases, |
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options, subordination agreements, and financing agreements; |
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(I) emergency transfer of water under Section |
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11.139, including information on the part of each permit, certified |
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filing, or certificate of adjudication for nonmunicipal use in the |
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region that may be transferred without causing unreasonable damage |
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to the property of the nonmunicipal water rights holder; and |
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(J) opportunities for and the benefits of |
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developing large-scale desalination facilities for: |
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(i) marine seawater that serve local or |
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regional entities; and |
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(ii) brackish groundwater that serve local |
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or regional brackish groundwater production zones identified and |
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designated under Section 16.060(b)(5); |
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(6) identifies river and stream segments of unique |
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ecological value and sites of unique value for the construction of |
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reservoirs that the regional water planning group recommends for |
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protection under Section 16.051; |
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(7) assesses the impact of the plan on unique river and |
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stream segments identified in Subdivision (6) if the regional water |
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planning group or the legislature determines that a site of unique |
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ecological value exists; |
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(8) describes the impact of proposed water projects on |
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water quality; |
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(9) includes information on: |
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(A) projected water use and conservation in the |
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regional water planning area; [and] |
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(B) the implementation of state and regional |
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water plan projects, including water conservation strategies, |
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necessary to meet the state's projected water demands; and |
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(C) the implementation of large projects, |
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including reservoirs, interstate water transfers, innovative |
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technology projects, desalination plants, and other large projects |
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as determined by the board, including information regarding: |
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(i) expenditures of sponsor money; |
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(ii) permit applications, including the |
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status of a permit application; and |
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(iii) status updates on the phase of |
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construction of a project; |
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(10) if the regional water planning area has |
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significant identified water needs, provides a specific assessment |
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of the potential for aquifer storage and recovery projects to meet |
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those needs; |
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(11) sets one or more specific goals for gallons of |
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water use per capita per day in each decade of the period covered by |
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the plan for the municipal water user groups in the regional water |
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planning area; and |
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(12) assesses the progress of the regional water |
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planning area in encouraging cooperation between water user groups |
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for the purpose of achieving economies of scale and otherwise |
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incentivizing strategies that benefit the entire region. |
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(e-2) A regional water planning group may plan for drought |
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conditions worse than the drought of record when developing a |
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regional water plan under Subsection (e). |
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SECTION 5. Subchapter E, Chapter 16, Water Code, is amended |
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by adding Section 16.147 to read as follows: |
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Sec. 16.147. ESTABLISHMENT OF CERTAIN PERFORMANCE GOALS AND |
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METRICS. (a) The board shall develop and implement performance |
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goals and performance metrics as part of a comprehensive evaluation |
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of the board's review of proposed projects for compliance with |
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programmatic and design requirements. |
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(b) The board shall periodically: |
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(1) collect data regarding the performance metrics; |
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(2) analyze the data described by Subdivision (1) |
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related to the performance metrics to identify relevant trends; and |
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(3) use the performance metrics to assess the board's |
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progress toward meeting the board's performance goals. |
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(c) The board shall periodically review the performance |
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goals and performance metrics to assess the effectiveness and |
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efficiency of the board's review of proposed projects. |
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(d) The executive administrator shall periodically update |
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the board on the implementation and analysis of the performance |
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metrics and progress toward performance goals. |
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(e) The board shall develop and implement periodic |
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reporting schedules for all performance goals and performance |
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metrics required under this section. |
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SECTION 6. Section 17.276, Water Code, is amended by adding |
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Subsections (d-1), (d-2), and (d-3) to read as follows: |
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(d-1) The board by rule may adopt procedures allowing the |
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use of different standards of review and approval of design |
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criteria for plans and specifications for sewage collection, |
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treatment, and disposal systems. |
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(d-2) In establishing the appropriate standard of review |
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and approval for plans and specifications under Subsection (d-1), |
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the rules must require an individualized assessment that applies |
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risk-based considerations to each project associated with the plans |
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and specifications, including: |
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(1) any potential financial risk associated with the |
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project; |
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(2) any risk to public health associated with the |
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project; or |
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(3) other relevant financial considerations |
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associated with the project. |
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(d-3) For plans and specifications subject to a limited |
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standard of review and approval under Subsection (d-1), the board |
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shall require the registered professional engineer who submitted |
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the plans and specifications to make a finding that: |
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(1) the plans and specifications are in substantial |
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compliance with standards established by the commission; and |
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(2) any deviation from the standards established by |
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the commission is based on the best professional judgment of the |
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registered professional engineer. |
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SECTION 7. The following provisions of the Water Code are |
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repealed: |
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(1) Section 15.108; |
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(2) Section 15.218; and |
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(3) Section 15.3061. |
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SECTION 8. (a) Except as provided by Subsection (b) of this |
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section, Section 6.062, Water Code, as amended by this Act, applies |
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to a member of the Texas Water Development Board appointed before, |
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on, or after the effective date of this Act. |
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(b) A member of the Texas Water Development Board who, |
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before the effective date of this Act, completed the training |
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program required by Section 6.062, Water Code, as that law existed |
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before the effective date of this Act, is only required to complete |
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additional training on the subjects added by this Act to the |
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training program required by Section 6.062, Water Code. A board |
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member described by this subsection may not vote, deliberate, or be |
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counted as a member in attendance at a meeting of the board held on |
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or after December 1, 2023, until the member completes the |
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additional training. |
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SECTION 9. This Act takes effect September 1, 2023. |