Bill Text: TX SB538 | 2017-2018 | 85th Legislature | Introduced

---

Bill Title: Relating to state and local planning for and responses to drought.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2017-02-08 - Referred to Agriculture, Water, & Rural Affairs [SB538 Detail]

Download: Texas-2017-SB538-Introduced.html

---

85R2148 JXC-D
By: Hinojosa S.B. No. 538

A BILL TO BE ENTITLED
AN ACT
relating to state and local planning for and responses to drought.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 10.003, Water Code, is amended to read as
follows:
Sec. 10.003. CREATION AND MEMBERSHIP. (a) The council is
composed of 25 [23] members appointed by the board. The board shall
appoint:
(1) one member to represent each of the following
entities or interest groups:
(A) [(1)] Texas Commission on Environmental
Quality;
(B) [(2)] Department of Agriculture;
(C) [(3)] Parks and Wildlife Department;
(D) [(4)] State Soil and Water Conservation
Board;
(E) [(5)] Texas Water Development Board;
(F) [(6)] regional water planning groups;
(G) [(7)] federal agencies;
(H) [(8)] municipalities;
(I) [(9)] groundwater conservation districts;
(J) [(10)] river authorities;
(K) [(11)] environmental groups;
(L) [(12)] irrigation districts;
(M) [(13)] institutional water users;
(N) [(14)] professional organizations focused on
water conservation;
(O) [(15)] higher education;
(P) [(16)] agricultural groups;
(Q) [(17)] refining and chemical manufacturing;
(R) [(18)] electric generation;
(S) [(19)] mining and recovery of minerals;
(T) [(20)] landscape irrigation and
horticulture;
(U) [(21)] water control and improvement
districts;
(V) [(22)] rural water users; and
(W) [(23)] municipal utility districts; and
(2) two members to represent investor-owned
utilities.
(b) Each entity or interest group described by Subsection
(a) may recommend one or more persons to fill a [the] position on
the council held by a [the] member who represents that entity or
interest group. If one or more persons are recommended for a
position on the council, the board shall appoint one of the persons
recommended to fill the position.
SECTION 2. Section 10.004(a), Water Code, is amended to
read as follows:
(a) Members of the council serve staggered terms of six
years, with [seven or] eight or nine members' terms, as applicable,
expiring August 31 of each odd-numbered year.
SECTION 3. Section 10.010, Water Code, is amended to read as
follows:
Sec. 10.010. POWERS AND DUTIES OF COUNCIL. (a) The council
shall:
(1) monitor trends in water conservation
implementation;
(2) monitor new water conservation technologies for
possible inclusion by the board as best management practices in the
best management practices guide described by Section 16.0552
[developed by the water conservation implementation task force
under Chapter 109, Acts of the 78th Legislature, Regular Session,
2003];
(3) monitor the effectiveness of the statewide water
conservation public awareness program developed under Section
16.401 and associated local involvement in implementation of the
program;
(4) develop and implement a state water management
resource library;
(5) develop and implement a public recognition program
for water conservation;
(6) monitor the implementation of water conservation
strategies by water users included in regional water plans; and
(7) monitor target and goal guidelines for water
conservation to be considered by the board and commission.
(b) To assist with drought preparedness and response, the
council shall:
(1) monitor and recommend strategies for responding to
drought;
(2) monitor new drought response technologies for
possible inclusion by the board as best management practices in the
best management practices guide described by Section 16.0552; and
(3) recommend methodologies for conducting drought
contingency plan evaluations described by Section 11.1272(g).
SECTION 4. Section 11.1272, Water Code, is amended by
adding Subsections (f), (g), (h), and (i) to read as follows:
(f) A wholesale or retail public water supplier or
irrigation district may review and update the supplier's or
district's drought contingency plan and submit to the commission
the reviewed or updated plan.
(g) A wholesale or retail public water supplier or
irrigation district may include in each reviewed or updated drought
contingency plan submitted to the commission an evaluation of the
effectiveness of strategies in the plan that were implemented by
the supplier or district during any previous period of significant
drought. The commission by rule may define "significant drought"
for purposes of this subsection.
(h) A wholesale or retail public water supplier shall notify
the commission not later than the fifth business day after the date
the supplier implements, changes the manner of implementing, or
ceases to implement a mandatory provision of the supplier's drought
contingency plan. The commission by rule shall establish criteria
for determining the actions that must be reported under this
subsection.
(i) The commission shall maintain on its Internet website a
list of wholesale and retail public water suppliers that are
currently implementing a drought contingency plan that displays for
each supplier:
(1) the degree of drought severity in the county or
counties in which the service area of the supplier is located;
(2) whether the service area of the supplier is in a
county subject to a declaration under Section 418.014 or 418.108,
Government Code, of a state of disaster due to drought conditions;
and
(3) the drought response stage the supplier is
implementing.
SECTION 5. Subchapter C, Chapter 16, Water Code, is amended
by adding Section 16.0552 to read as follows:
Sec. 16.0552. BEST MANAGEMENT PRACTICES GUIDE. (a) In this
section, "best management practices" has the meaning assigned by
Section 11.002.
(b) The board, in coordination with the commission and the
Water Conservation Advisory Council, shall:
(1) regularly review and update the water conservation
best management practices guide developed by the water conservation
implementation task force under Chapter 109 (S.B. 1094), Acts of
the 78th Legislature, Regular Session, 2003; and
(2) include in the guide best management practices for
drought response.
(c) The board shall make the guide available on its Internet
website.
SECTION 6. As soon as practicable after the effective date
of this Act, the Texas Water Development Board shall appoint two
additional members to the Water Conservation Advisory Council as
required by Section 10.003(a)(2), Water Code, as added by this Act.
The members appointed under this section serve terms expiring
August 31, 2023.
SECTION 7. As soon as practicable after the effective date
of this Act, the Texas Commission on Environmental Quality shall
adopt rules as necessary to implement Section 11.1272, Water Code,
as amended by this Act.
SECTION 8. This Act takes effect September 1, 2017.