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.