HBA-JRA C.S.H.B. 3349 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3349 By: Turner, Bob Agriculture & Livestock 4/13/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE The state previously established a 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, but never funded it. C.S.H.B. 3349 requires the Texas State Soil and Water Conservation Board, in consultation with the Texas Water Development Board, to develop criteria for brush control projects; requires the board to take any action necessary to obtain any available funds from federal assistance programs for the brush control program; and authorizes the board and the Department of Agriculture to enter into a contract for the use of inmate labor on these projects. 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 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. SECTION 2. 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 cost-sharing 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 3. 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 4. Effective date: September 1, 1999. SECTION 13. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original by deleting SECTION 1 of the original, which amended the heading to Subchapter E, Chapter 203, Agriculture Code, to read "Financial Assistance For Brush Control." The substitute modifies the original by redesignating SECTION 2 of the original to SECTION 1 (proposed Section 203.0515, Agriculture Code) and by deleting the specific requirement that the State Soil and Water Conservation Board (board) consider the North Concho watershed study and the requirement that the studies the board considers be conducted by or with the participation of state or local government. The substitute modifies the original by deleting SECTION 3 of the original, which amended Section 203.053, Agriculture Code, to require 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). The substitute modifies the original by deleting SECTIONS 4 and 6-8 of the original, which amended Sections 203.055(b), and 203.102, 203.103(a), and 203.104(c), Agriculture Code, respectively, to make changes conforming to the repeal of Section 203.154 (Limit on Cost-Sharing Participation), Agriculture Code, which the substitute also deletes. The substitute modifies the original by deleting SECTION 9 of the original, which amended Sections 203.151-203.153, 203.155-203.157, and 203.159-203.161, Agriculture Code, to provide that the brush control fund is a special account, rather than fund, created in the state treasury and to provide that the brush control fund consists of appropriate federal assistance funds, as well as legislative appropriations and money transferred to the fund by law. SECTION 9 of the original also made changes conforming to the repeal of Section 203.154, Agriculture Code. The substitute modifies the original by deleting SECTION 11 of the original, which repealed Section 203.154 (Limit on Cost-Sharing Participation), Agriculture Code. The substitute redesignates SECTIONS 5, 10, 12, and 13 of the original, to SECTIONS 2, 3, 4, and 5.