Bill Text: TX HB1565 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relating to the functions of the Texas Water Development Board and continuation and functions of the State Water Implementation Fund for Texas Advisory Committee.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Passed) 2023-05-19 - Effective on 9/1/23 [HB1565 Detail]

Download: Texas-2023-HB1565-Comm_Sub.html

---

By: Canales, et al. (Senate Sponsor - Perry) H.B. No. 1565
(In the Senate - Received from the House April 19, 2023;
April 20, 2023, read first time and referred to Committee on Water,
Agriculture & Rural Affairs; May 2, 2023, reported favorably by the
following vote: Yeas 8, Nays 0; May 2, 2023, sent to printer.)
Click here to see the committee vote

A BILL TO BE ENTITLED
AN ACT
relating to the functions of the Texas Water Development Board and
continuation and functions of the State Water Implementation Fund
for Texas Advisory Committee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6.013, Water Code, is amended to read as
follows:
Sec. 6.013. SUNSET PROVISION. The Texas Water Development
Board is subject to review under Chapter 325, Government Code
(Texas Sunset Act), but is not abolished under that chapter. The
board shall be reviewed during the period in which state agencies
abolished in 2035 [2023] and every 12th year after 2035 [2023] are
reviewed.
SECTION 2. Section 6.062, Water Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing [legislation that created the]
board operations;
(2) the programs, functions, rules, and budget of
[operated by] the board;
(3) the scope of and limitations on the rulemaking
authority [role and functions] of the board;
(4) [the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
[(5) the current budget for the board;
[(6)] the results of the most recent formal audit of
the board;
(5) [(7)] the requirements of:
(A) laws relating to [the] open meetings, [law,
Chapter 551, Government Code;
[(B) the] public information, [law, Chapter 552,
Government Code;
[(C) the] administrative procedure, [law,
Chapter 2001, Government Code;] and disclosing conflicts of
interest; and
(B) [(D)] other laws applicable to members of a
state policy-making body in performing their duties [relating to
public officials, including conflict of interest laws]; and
(6) [(8)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(d) The executive administrator shall create a training
manual that includes the information required by Subsection (b).
The executive administrator shall distribute a copy of the training
manual annually to each member of the board. Each member of the
board shall sign and submit to the executive administrator a
statement acknowledging that the member received and reviewed the
training manual.
SECTION 3. Section 15.438(k), Water Code, is amended to
read as follows:
(k) The advisory committee is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the advisory committee is abolished
and this section expires September 1, 2035 [2023].
SECTION 4. Section 16.053, Water Code, is amended by
amending Subsection (e) and adding Subsection (e-2) to read as
follows:
(e) Each regional water planning group shall submit to the
development board a regional water plan that:
(1) is consistent with the guidance principles for the
state water plan adopted by the development board under Section
16.051(d);
(2) provides information based on data provided or
approved by the development board in a format consistent with the
guidelines provided by the development board under Subsection (d);
(2-a) is consistent with the desired future conditions
adopted under Section 36.108 for the relevant aquifers located in
the regional water planning area as of the most recent deadline for
the board to adopt the state water plan under Section 16.051 or, at
the option of the regional water planning group, established
subsequent to the adoption of the most recent plan; provided,
however, that if no groundwater conservation district exists within
the area of the regional water planning group, the regional water
planning group shall determine the supply of groundwater for
regional planning purposes; the Texas Water Development Board shall
review and approve, prior to inclusion in the regional water plan,
that the groundwater supply for the regional planning group without
a groundwater conservation district in its area is physically
compatible, using the board's groundwater availability models,
with the desired future conditions adopted under Section 36.108 for
the relevant aquifers in the groundwater management area that are
regulated by groundwater conservation districts;
(3) identifies:
(A) each source of water supply in the regional
water planning area, including information supplied by the
executive administrator on the amount of modeled available
groundwater in accordance with the guidelines provided by the
development board under Subsections (d) and (f);
(B) factors specific to each source of water
supply to be considered in determining whether to initiate a
drought response;
(C) actions to be taken as part of the response;
(D) existing major water infrastructure
facilities that may be used for interconnections in the event of an
emergency shortage of water; and
(E) unnecessary or counterproductive variations
in specific drought response strategies, including outdoor
watering restrictions, among user groups in the regional water
planning area that may confuse the public or otherwise impede
drought response efforts;
(4) has specific provisions for water management
strategies to be used during a drought of record;
(5) includes but is not limited to consideration of
the following:
(A) any existing water or drought planning
efforts addressing all or a portion of the region and potential
impacts on public health, safety, or welfare in this state;
(B) approved groundwater conservation district
management plans and other plans submitted under Section 16.054;
(C) all potentially feasible water management
strategies, including but not limited to improved conservation,
reuse, and management of existing water supplies, conjunctive use,
acquisition of available existing water supplies, and development
of new water supplies;
(D) protection of existing water rights in the
region;
(E) opportunities for and the benefits of
developing regional water supply facilities or providing regional
management of water supply facilities;
(F) appropriate provision for environmental
water needs and for the effect of upstream development on the bays,
estuaries, and arms of the Gulf of Mexico and the effect of plans on
navigation;
(G) provisions in Section 11.085(k)(1) if
interbasin transfers are contemplated;
(H) voluntary transfer of water within the region
using, but not limited to, regional water banks, sales, leases,
options, subordination agreements, and financing agreements;
(I) emergency transfer of water under Section
11.139, including information on the part of each permit, certified
filing, or certificate of adjudication for nonmunicipal use in the
region that may be transferred without causing unreasonable damage
to the property of the nonmunicipal water rights holder; and
(J) opportunities for and the benefits of
developing large-scale desalination facilities for:
(i) marine seawater that serve local or
regional entities; and
(ii) brackish groundwater that serve local
or regional brackish groundwater production zones identified and
designated under Section 16.060(b)(5);
(6) identifies river and stream segments of unique
ecological value and sites of unique value for the construction of
reservoirs that the regional water planning group recommends for
protection under Section 16.051;
(7) assesses the impact of the plan on unique river and
stream segments identified in Subdivision (6) if the regional water
planning group or the legislature determines that a site of unique
ecological value exists;
(8) describes the impact of proposed water projects on
water quality;
(9) includes information on:
(A) projected water use and conservation in the
regional water planning area; [and]
(B) the implementation of state and regional
water plan projects, including water conservation strategies,
necessary to meet the state's projected water demands; and
(C) the implementation of large projects,
including reservoirs, interstate water transfers, innovative
technology projects, desalination plants, and other large projects
as determined by the board, including information regarding:
(i) expenditures of sponsor money;
(ii) permit applications, including the
status of a permit application; and
(iii) status updates on the phase of
construction of a project;
(10) if the regional water planning area has
significant identified water needs, provides a specific assessment
of the potential for aquifer storage and recovery projects to meet
those needs;
(11) sets one or more specific goals for gallons of
water use per capita per day in each decade of the period covered by
the plan for the municipal water user groups in the regional water
planning area; and
(12) assesses the progress of the regional water
planning area in encouraging cooperation between water user groups
for the purpose of achieving economies of scale and otherwise
incentivizing strategies that benefit the entire region.
(e-2) A regional water planning group may plan for drought
conditions worse than the drought of record when developing a
regional water plan under Subsection (e).
SECTION 5. Subchapter E, Chapter 16, Water Code, is amended
by adding Section 16.147 to read as follows:
Sec. 16.147. ESTABLISHMENT OF CERTAIN PERFORMANCE GOALS AND
METRICS. (a) The board shall develop and implement performance
goals and performance metrics as part of a comprehensive evaluation
of the board's review of proposed projects for compliance with
programmatic and design requirements.
(b) The board shall periodically:
(1) collect data regarding the performance metrics;
(2) analyze the data described by Subdivision (1)
related to the performance metrics to identify relevant trends; and
(3) use the performance metrics to assess the board's
progress toward meeting the board's performance goals.
(c) The board shall periodically review the performance
goals and performance metrics to assess the effectiveness and
efficiency of the board's review of proposed projects.
(d) The executive administrator shall periodically update
the board on the implementation and analysis of the performance
metrics and progress toward performance goals.
(e) The board shall develop and implement periodic
reporting schedules for all performance goals and performance
metrics required under this section.
SECTION 6. Section 17.276, Water Code, is amended by adding
Subsections (d-1), (d-2), and (d-3) to read as follows:
(d-1) The board by rule may adopt procedures allowing the
use of different standards of review and approval of design
criteria for plans and specifications for sewage collection,
treatment, and disposal systems.
(d-2) In establishing the appropriate standard of review
and approval for plans and specifications under Subsection (d-1),
the rules must require an individualized assessment that applies
risk-based considerations to each project associated with the plans
and specifications, including:
(1) any potential financial risk associated with the
project;
(2) any risk to public health associated with the
project; or
(3) other relevant financial considerations
associated with the project.
(d-3) For plans and specifications subject to a limited
standard of review and approval under Subsection (d-1), the board
shall require the registered professional engineer who submitted
the plans and specifications to make a finding that:
(1) the plans and specifications are in substantial
compliance with standards established by the commission; and
(2) any deviation from the standards established by
the commission is based on the best professional judgment of the
registered professional engineer.
SECTION 7. The following provisions of the Water Code are
repealed:
(1) Section 15.108;
(2) Section 15.218; and
(3) Section 15.3061.
SECTION 8. (a) Except as provided by Subsection (b) of this
section, Section 6.062, Water Code, as amended by this Act, applies
to a member of the Texas Water Development Board appointed before,
on, or after the effective date of this Act.
(b) A member of the Texas Water Development Board who,
before the effective date of this Act, completed the training
program required by Section 6.062, Water Code, as that law existed
before the effective date of this Act, is only required to complete
additional training on the subjects added by this Act to the
training program required by Section 6.062, Water Code. A board
member described by this subsection may not vote, deliberate, or be
counted as a member in attendance at a meeting of the board held on
or after December 1, 2023, until the member completes the
additional training.
SECTION 9. This Act takes effect September 1, 2023.
* * * * *