NMO H.B. 3278 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3278 By: Cook Natural Resources 4/16/1999 Introduced BACKGROUND AND PURPOSE Agriculture in this state depends highly on water resource planning. In addition, the Texas Department of Agriculture has expressed interest in becoming a more active participant in such planning. H.B. 3278 amends the Water Code to provide agricultural interests in this state with more representation in water resource planning through the Texas Department of Agriculture. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 15.4061(h), Water Code, to require the Texas Water Development Board (board) to require that regional water plans developed or revised under contracts entered into under this section (Funding for Regional Water Plans) be made available to the Texas Department of Agriculture (TDA). SECTION 2. Amends Section 15.7031(c), Water Code, to authorize TDA to provide input to the Texas Natural Resource Conservation Commission (TNRCC), as appropriate, during the review and approval process for dedication of water rights. SECTION 3. Amends Sections 16.012(c) and (j), Water Code, to authorize TDA to provide advice to the executive administrator of the board, where appropriate, regarding any of the duties required of the executive administrator under Subsection (b). Makes conforming changes. SECTION 4. Amends Section 16.051(d), Water Code, to require the board to review and update the guidance principles, with input from TNRCC, TDA, and the Parks and Wildlife Department (TPWD), as necessary, but at least every five years to coincide with the five-year cycle for adoption of a new water plan as described in Subsection (a). Makes a conforming change. SECTION 5. Amends Section 16.053(c), Water Code, to authorize, rather than require, additional representatives to serve on the regional water planning group. Requires the initial coordinating body to designate additional representatives if necessary to ensure adequate representation from the interests comprising that region. Requires the regional water planning group to maintain adequate representation from those interests. Requires representatives of the board, TPWD, and TDA to serve as ex officio members of each regional water planning group. Makes conforming and nonsubstantive changes. SECTION 6. Amends Section 16.054(a), Water Code, to authorize TDA to provide input and assistance, as appropriate, for water resource management, water conservation, and drought planning. SECTION 7. Amends Section 17.895, Water Code, by adding Subsection (d), as follows: (b) Authorizes the board or lender districts, for the purposes of this section, to seek the advice of TDA regarding the feasibility of a project for which a conservation loan is sought. SECTION 8. Amends Section 26.121(a), Water Code, to make a conforming change. SECTION 9. Amends Section 26.127, Water Code, to authorize the executive director, on behalf of and with the consent of TNRCC, to enter into contracts or other agreements with TDA for purposes of obtaining laboratory services for water quality testing. Makes conforming changes. SECTION 10. Amends Section 35.007(e), Water Code, to authorize TDA to also provide input to the executive director for purposes of the report required by this section (Identifying, Designating, and Delineating Priority Groundwater Management Areas). SECTION 11. Amends Section 35.012(d), Water Code, to make a conforming change. SECTION 12. Amends Section 35.013(d), Water Code, to make a conforming change. SECTION 13. Emergency clause. Effective date: upon passage.