HBA-LJP S.B. 1175 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1175
By: Wentworth
Agriculture & Livestock
5/1/2001
Engrossed



BACKGROUND AND PURPOSE 

The weather modification program helps cities, counties, organizations, and
individuals in the design and implementation of cloud-seeding programs and
provides oversight of weather-modification research. Proper weather
management strategies are vital for the success of agricultural activities
in Texas, where agricultural commodities add about $14 billion to the
state's economy, making agriculture the second largest industry in Texas.
Currently, all aspects of the weather modification program are under the
control of and administered by the Texas Natural Resource Conservation
Commission (TNRCC).  Senate Bill 1175 transfers the authority of the
weather modification program from TNRCC to the Texas Department of
Licensing and Regulation and establishes a weather modification and control
grant program administered by the Department of Agriculture. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Licensing and
Regulation in ARTICLE 1 (SECTIONS 1.11, 1.32, 1.41, 1.64, and 3.07) and to
the Department of Agriculture in ARTICLE 2 (Section 20.004, Agriculture
Code) of this bill. 

ANALYSIS

Senate Bill 1175 transfers the authority of the weather modification
program from the Texas Natural Resource Conservation Commission (TNRCC) to
the Texas Department of Licensing and Regulation (department).  The bill
sets forth the powers and duties of the department and authorizes the
department to adopt rules necessary to exercise the powers and duties under
these provisions (SECTIONS 1.111.20).  The bill sets forth permitting and
licensing requirements relating to weather modification (SECTIONS
1.31-1.48).  The bill provides that the fact that a person holds a permit
issued by the department does not relieve that person from liability for
the violation of the provisions of the Act or rules adopted and sets forth
penalties (SECTIONS 1.51 and 1.53).  The bill sets forth the procedures and
criteria for the revocation and suspension of permits and licenses
(SECTIONS 1.61-1.72).  The bill provides for the immunity of the state, its
officers, and employees from liability for all weather modification and
control activities conducted by private persons and groups (SECTION 1.71). 

The bill provides that these provisions do not affect private legal
relationships, except that an operation conducted under the license and
permit requirements is not an ultra hazardous activity which makes the
participants subject to liability without fault.  The bill provides that
the fact that a person holds a license or permit or that the person has
complied with these provisions or regulations is not admissible as evidence
in any legal proceedings brought against the person (SECTION 1.72). 

The bill amends the Agriculture Code to establish a weather modification
and control grant program (grant program) under the authority of the
Department of Agriculture (TDA).  TDA is required to develop and administer
a program awarding matching grants to political subdivisions of this state
for weather modification and control.  The bill authorizes TDA to adopt
rules necessary to administer the program and to enter into contracts with
public or private entities to assist TDA in the administration or
evaluation of the grant program or to conduct research relating to the
effectiveness of weather modification and control  activities. The bill
authorizes TDA to accept appropriations and to solicit and accept gifts,
grants, and other donations from any source to administer the grant program
(SECTION 2.01). 

The bill amends the Water Code to delete references relating to weather
modification programs and repeal the Weather Modification Act (SECTIONS
3.01-3.06). 

The bill sets forth provisions regarding the transfer of authority over the
weather modification program from TNRCC to the department and the weather
modification grant program to TDA (SECTION 3.07). 

EFFECTIVE DATE

September 1, 2001.