HBA-JRA H.B. 3349 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3349 By: Turner, Bob Agriculture & Livestock 4/7/1999 Introduced BACKGROUND AND PURPOSE A state brush control cost-sharing program, which required the state to bear 70 percent of the costs and the land owner to bear the remaining 30 percent, was previously established but never funded. H.B. 3349 eliminates the cost-sharing program and replaces it with a financial assistance program. This bill also requires the Texas State Soil and Water Conservation Board, in consultation with the Texas Water Development Board, to develop criteria for brush control projects and requires the state to use inmate labor on these projects when possible. 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 the heading to Subchapter E, Chapter 203, Agriculture Code, as follows: SUBCHAPTER E. FINANCIAL ASSISTANCE FOR BRUSH CONTROL Deletes the words "cost sharing." SECTION 2. Amends Subchapter C, Chapter 203, Agriculture Code, by adding Section 203.0515, as follows: Sec. 203.0515. USE OF WATERSHED STUDIES. Requires the State Soil and Water Conservation Board (board) to consider the findings and recommendations of available watershed studies in administering this chapter, including the North Concho watershed study, that are conducted by or with the participation of state or local government. SECTION 3. Amends Section 203.053, Agriculture Code, by adding Subsection (c), as follows: (c) Requires the board to designate the Edwards Aquifer recharge zone, the Nueces River basin, and the North Concho River basin as critical areas with the most critical water conservation needs until the board determines that the areas are no longer in critical need of water conservation efforts provided by this chapter (Brush Control). SECTION 4. Amends Section 203.055(b), Agriculture Code, to make a conforming change. SECTION 5. Amends Subchapter C, Chapter 203, Agriculture Code, by adding Sections 203.0555 and 203.057, as follows: Sec. 203.0555. CRITERIA FOR PROJECTS. Requires the board, in consultation with the Texas Water Development Board, to develop criteria for evaluating brush control projects under this chapter, provide guidance to each person participating in the financial assistance program under Subchapter E regarding the person's rights and responsibilities concerning the use of water affected by projects under this chapter, and develop and collect data on each brush control project. Sec. 203.057. FEDERAL FUNDS. Requires the board to take any action necessary to obtain any available funds from federal assistance programs for the brush control program, as long as acceptance of the funds does not include conditions that adversely affect the brush control program. SECTION 6. Amends Section 203.102, Agriculture Code, to make a conforming change. SECTION 7. Amends Section 203.103(a), Agriculture Code, to make a conforming change. SECTION 8. Amends Section 203.104(c), Agriculture Code, to make a conforming change. SECTION 9. Amends Sections 203.151-203.153, 203.155-203.157, and 203.159-203.161, Agriculture Code, as follows: Sec. 203.151. New title: CREATION OF FINANCIAL ASSISTANCE PROGRAM. Makes a conforming change. Sec. 203.152. BRUSH CONTROL FUND. Provides that the brush control fund is a special account, rather than fund, created in the state treasury. Provides that the brush control fund consists of appropriate federal assistance funds, as well as legislative appropriations and money transferred to the fund by law. Sec. 203.153. USE OF MONEY IN BRUSH CONTROL FUND. Makes a conforming change. Sec. 203.155. LIMIT TO CRITICAL AREAS AND APPROVED METHODS. Makes a conforming change. Sec. 203.156. New title: APPLICATION FOR FINANCIAL ASSISTANCE. Makes conforming changes. Sec. 203.157. CONSIDERATIONS IN PASSING ON APPLICATION. Redesignates existing Subdivisions (8)-(9) to Subdivisions (7)-(8). Makes conforming changes. Sec. 203.159. PRIORITY OF PROJECTS. Makes conforming changes. Sec. 203.160. New title: CONTRACT FOR FINANCIAL ASSISTANCE. Makes conforming changes. Sec. 203.161. ADMINISTRATION OF EXPENDITURES. Makes conforming changes. SECTION 10. Amends Subchapter E, Chapter 497, Government Code, by adding Section 497.0925, as follows: Sec. 497.0925. BRUSH CONTROL. Authorizes the Department of Agriculture and the board to enter into and perform an agreement or contract for the use of inmate labor for a brush control project under Chapter 203, Agriculture Code. SECTION 11. Repealer: Section 203.154 (Limit on Cost-Sharing Participation), Agriculture Code. SECTION 12. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 13. Emergency clause.