HBA-KMH H.B. 972 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 972
By: Lewis, Ron
Natural Resources
3/17/1999
Introduced



BACKGROUND AND PURPOSE 

Initial coordinating bodies, which are responsible for forming regional
water planning groups under Section 16.053, Water Code, are required to
form such regional water planning groups (planning groups) so that there is
adequate representation from the interests comprising the region.  Those
interests include, but are not limited to, the public, counties,
municipalities, industries, agricultural, environmental, small businesses,
electric generating utilities, river authorities, water districts, and
water utilities.  Stakeholders have become increasingly concerned that,
after the planning group has been designated, it does not have the same
requirement of maintaining representation of the subject interest as did
the initial coordinating body. 

Planning group members have expressed concerns over their liability as
individuals and as a group for actions they take as part of the group.
Texas Attorney General Opinion No. 98-080 stated that a regional water
planning group was not a governmental entity and therefore did not have
protection from liability beyond that provided by the entity they
represent.  In many cases, members are individuals or represent entities
that have no protection from liability. 

H.B. 972 provides continuing authority to an initial coordinating body to
designate additional representatives to a planning group.  This bill also
grants certain immunities to the planning group as well as requiring the
attorney general to represent the planning group or an individual of the
group, under provided conditions. 

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 16.053, Water Code, by amending Subsection (c)
and adding Subsections (l)-(p), as follows: 

(c) Authorizes, rather than requires, the initial coordinating body to
designate additional representatives to serve on the regional water
planning group (planning group).  Requires the initial coordinating body
(initial body) to designate additional representatives if necessary to
ensure adequate representation from interests comprising that region.
Requires the planning group to maintain adequate representation from those
interests. 

(l) Authorizes a political subdivision to contract with a planning group to
assist the planning group in developing or revising a regional water plan. 

(m) Provides that a planning group is a governmental unit and an action of
a planning group is a governmental function for purposes of Chapter 101
(Tort Claims), Civil Practice and Remedies Code. 

(n) Sets forth that certain actions of the planning group are within the
course and scope of authority of the planning group. 

 (o) Indemnifies against liability a planning group, a representative who
serves on the planning group, or an employee of a political subdivision
that contracts with the planning group under Subsection (l)  from damages
arising from the performance of a function of the planning group. 

(p) Requires the attorney general to represent a person described by
Subsection (o) in a suit arising from the performance of a function of a
planning group. 

SECTION 2.  Makes application of this Act prospective as to Sections
16.053(m)-(p). 

SECTION 3.  Emergency clause.
  Effective date: upon passage.