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.