H.B. No. 1808

	AN ACT
	relating to the continuation and functions of the State Soil and
	Water Conservation Board.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter B, Chapter 201, Agriculture Code, is
	amended by adding Section 201.0111 to read as follows:
	Sec. 201.0111.  APPOINTMENTS. Appointments to the state
	board shall be made without regard to the race, color, disability,
	sex, religion, age, or national origin of the appointees.
	SECTION 2.  Sections 201.0142(a) and (c), Agriculture Code,
	are amended to read as follows:
	(a)  A person who is elected or appointed and qualifies for
	office as a member of the state board may not vote, deliberate, or
	be counted as a member in attendance at a meeting of the state board
	until the person completes a training program that complies with
	this section.
	(c)  A person elected or appointed to the state board is
	entitled to reimbursement, as provided by the General
	Appropriations Act, for the travel expenses incurred in attending
	the training program, regardless of whether attendance at the
	program occurs before or after the person qualifies for office.
	SECTION 3.  Section 201.0151(a), Agriculture Code, is
	amended to read as follows:
	(a)  It is a ground for removal from the state board that a
	member:
	(1)  does not:
	(A)  if the member is elected, have at the time of
	election the qualifications required by Section 201.013(c); or
	(B)  if the member is appointed, have at the time
	of taking office the qualifications required by Section 201.011(2)
	[Subsection (c) of Section 201.013 of this code];
	(2)  does not maintain during service on the state
	board the qualifications required by Section 201.011(2) or
	201.013(c) [Subsection (c) of Section 201.013 of this code];
	(3)  is ineligible for membership under Section
	201.0141 [of this code];
	(4)  cannot, because of illness or disability,
	discharge the member's duties for a substantial portion of the
	member's term; or
	(5)  is absent from more than half of the regularly
	scheduled state board meetings that the member is eligible to
	attend during a calendar year, without an excuse approved by a
	majority vote of the state board.
	SECTION 4.  Section 201.0231, Agriculture Code, is amended
	to read as follows:
	Sec. 201.0231.  COMPLAINTS. (a) The state board shall
	maintain a central database of complaints filed with state board
	offices and a system to promptly and efficiently act on a complaint
	filed with a state board office.  The state board shall maintain
	information about parties to the complaint, [file on each written
	complaint filed with the state board.
	[(b)  The file must include:
	[(1)  the name of the person who filed the complaint;
	[(2)     the date the complaint is received by the state
	board;
	[(3)]  the subject matter of the complaint,[;
	[(4)     the name of each person contacted in relation to
	the complaint;
	[(5)]  a summary of the results of the review or
	investigation of the complaint, and its disposition[; and
	[(6)     an explanation of the reason the file was closed,
	if the state board closed the file without taking action other than
	to investigate the complaint].
	(b)  The state board shall make information available
	describing its procedures for complaint investigation and
	resolution.
	(c)  [The state board shall provide to the person filing the
	complaint and to each person who is a subject of the complaint a
	copy of the state board's policies and procedures relating to
	complaint investigation and resolution.
	[(d)]  The state board[, at least quarterly until final
	disposition of the complaint,] shall periodically notify the
	parties to [person filing] the complaint [and each person who is a
	subject of the complaint] of the status of the complaint until final
	disposition [investigation unless the notice would jeopardize an
	undercover investigation].
	SECTION 5.  Section 201.025, Agriculture Code, is amended to
	read as follows:
	Sec. 201.025.  SUNSET PROVISION. The State Soil and Water
	Conservation Board is subject to Chapter 325, Government Code
	(Texas Sunset Act).  Unless continued in existence as provided by
	that chapter, the board is abolished and this chapter expires
	September 1, 2023 [2011].
	SECTION 6.  Subchapter B, Chapter 201, Agriculture Code, is
	amended by adding Sections 201.029 and 201.030 to read as follows:
	Sec. 201.029.  GRANT PROGRAM ADMINISTRATION. (a)  In this
	section, "grant program" means a competitive grant program
	administered by the state board under this title and funded
	primarily by state funds. The term includes a program for water
	quality management, water supply enhancement, or flood control.
	(b)  The state board shall:
	(1)  develop goals for each grant program, including
	desired program results and descriptions of program beneficiaries;
	(2)  establish statewide evaluation criteria to
	document grantee compliance with grant conditions;
	(3)  monitor compliance with the evaluation criteria
	described by Subdivision (2) by gathering, maintaining, and
	analyzing comprehensive data on grant program activities;
	(4)  analyze the extent to which grant programs achieve
	the goals developed under Subdivision (1), using either empirical
	or nonempirical evidence; and
	(5)  publish the analysis required by Subdivision (4)
	on the state board's Internet website or in any annual publication
	the state board is required by statute to publish.
	Sec. 201.030.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
	RESOLUTION. (a) The state board shall develop and implement a
	policy to encourage the use of:
	(1)  negotiated rulemaking procedures under Chapter
	2008, Government Code, for the adoption of state board rules; and
	(2)  appropriate alternative dispute resolution
	procedures under Chapter 2009, Government Code, to assist in the
	resolution of internal and external disputes under the state
	board's jurisdiction.
	(b)  The state board's procedures relating to alternative
	dispute resolution must conform, to the extent possible, to any
	model guidelines issued by the State Office of Administrative
	Hearings for the use of alternative dispute resolution by state
	agencies.
	(c)  The state board shall:
	(1)  coordinate the implementation of the policy
	adopted under Subsection (a);
	(2)  provide training as needed to implement the
	procedures for negotiated rulemaking or alternative dispute
	resolution; and
	(3)  collect data concerning the effectiveness of those
	procedures.
	SECTION 7.  Section 201.202(b), Agriculture Code, is amended
	to read as follows:
	(b)  The board shall designate priorities among the various
	land improvement measures, including:
	(1)  brush control and other water supply enhancement
	activities;
	(2)  forest improvement measures;
	(3)  returning erosive cropland to pasture and other
	practices that maximize water conservation;
	(4)  increasing water use efficiency;
	(5)  increasing water quality;
	(6)  reducing erosion; and
	(7)  maximizing public benefits.
	SECTION 8.  The heading to Chapter 203, Agriculture Code, is
	amended to read as follows:
	CHAPTER 203. WATER SUPPLY ENHANCEMENT [BRUSH CONTROL]
	SECTION 9.  Section 203.001, Agriculture Code, is amended by
	adding Subdivisions (5), (6), (7), and (8) to read as follows:
	(5)  "Area" means a sub-basin or other portion of land
	within a project.
	(6)  "Project" means a watershed or portion of a
	watershed in which water supply enhancement activities are
	performed.
	(7)  "Proposal" means a request submitted by a soil and
	water conservation district or other political subdivision for
	state funds to be used in a watershed or portion of a watershed for
	water supply enhancement activities.
	(8)  "Water supply enhancement" includes brush
	control.
	SECTION 10.  Section 203.002, Agriculture Code, is amended
	to read as follows:
	Sec. 203.002.  PURPOSE [CREATION] OF PROGRAM. The water
	supply enhancement program [Texas Brush Control Program is created
	and] shall be implemented, administered, operated, and financed as
	provided by this chapter.  The purpose of the water supply
	enhancement program is to increase available surface water and
	groundwater through:
	(1)  selective control, removal, or reduction of
	noxious brush species that are detrimental to water conservation;
	and
	(2)  revegetation of land on which noxious brush has
	been controlled, removed, or reduced.
	SECTION 11.  Section 203.011, Agriculture Code, is amended
	to read as follows:
	Sec. 203.011.  AUTHORITY OF BOARD. The board has
	jurisdiction over and, with the assistance of local districts,
	shall administer the water supply enhancement [brush control]
	program under this chapter.  This chapter does not limit the board's
	authority to control, remove, or reduce brush under any program the
	board administers under Chapter 201.
	SECTION 12.  Section 203.016, Agriculture Code, is amended
	to read as follows:
	Sec. 203.016.  CONSULTATION. The State Soil and Water
	Conservation Board shall consult with:
	(1)  the Texas Water Development Board in regard to the
	effects of the water supply enhancement [brush control] program on
	water quantity;
	(2)  the department in regard to the effects of the
	water supply enhancement [brush control] program on agriculture;
	and
	(3)  the Parks and Wildlife Department in regard to the
	effects of the water supply enhancement [brush control] program on
	fish and wildlife.
	SECTION 13.  Section 203.051, Agriculture Code, is amended
	to read as follows:
	Sec. 203.051.  STATE PLAN. (a)  The board shall prepare and
	adopt a state water supply enhancement [brush control] plan that
	includes [shall:
	[(1)  include] a comprehensive strategy for managing
	brush in all areas of the state where brush is contributing to a
	substantial water conservation problem[; and
	[(2)     rank areas of the state in need of a brush control
	program, as provided by Section 203.053].
	(b)  The plan adopted under this section must list the goals
	the board establishes under Section 201.029 for the water supply
	enhancement program.  These goals must include:
	(1)  a goal describing the intended use of a water
	supply enhanced or conserved by the program, such as agricultural
	purposes or drinking water purposes; and
	(2)  a goal describing the populations that the water
	supply enhancement program will target.
	SECTION 14.  Section 203.053, Agriculture Code, is amended
	to read as follows:
	Sec. 203.053.  CRITERIA FOR ACCEPTING AND PRIORITIZING WATER
	SUPPLY ENHANCEMENT PROJECTS [EVALUATING BRUSH CONTROL AREAS]. (a)
	The board shall adopt rules establishing:
	(1)  criteria for accepting project proposals; and
	(2)  a system to prioritize projects for each funding
	cycle, giving priority to projects that balance the most critical
	water conservation need and the highest projected water yield.
	(b)  The criteria required by Subsection (a)(1) must include
	a requirement that each proposal state the projected water yield of
	the proposed project, as modeled by a person with expertise in
	hydrology, water resources, or another technical area pertinent to
	the evaluation of water supply.
	(c)  The board shall consult with stakeholders, including
	hydrologists and representatives from soil and water conservation
	districts, to develop by rule standard methods of reporting the
	projected water yield under Subsection (b).
	(d)  In prioritizing projects under Subsection (a)(2)
	[ranking areas under the plan], the board shall consider:
	(1)  the need for conservation of water resources
	within the territory of the project, based on the state water plan
	adopted under Section 16.051, Water Code [the location of various
	brush infestations];
	(2)  projected water yield of areas of the project,
	based on soil, slope, land use, types and distribution of trees,
	brush, and other vegetative matter, and proximity of trees, brush,
	and other vegetative matter to rivers, streams, and channels [the
	type and severity of brush infestations];
	(3)  any method the project [the various management
	methods that] may use [be used] to control brush;
	(4)  cost-sharing contract rates within the territory
	of the project [the amount of water produced by a project and the
	severity of water shortage in the project area]; [and]
	(5)  the location and size of the project;
	(6)  the budget of the project and any associated
	requests for grant funds submitted under this title;
	(7)  the implementation schedule of the project; and
	(8)  the administrative capacities of the board and the
	entity that will manage the project.
	(e)  In prioritizing projects under Subsection (a)(2), the
	board may consider:
	(1)  scientific research on the effects of brush
	removal on water supply; and
	(2)  any other criteria that the board considers
	relevant to assure that the water supply enhancement [brush
	control] program can be most effectively, efficiently, and
	economically implemented.
	[(b)     In ranking areas, the board shall give priority to
	areas with the most critical water conservation needs and in which
	brush control and revegetation projects will be most likely to
	produce substantial water conservation.]
	SECTION 15.  Section 203.056(a), Agriculture Code, is
	amended to read as follows:
	(a)  Before January 31 of each year, the board shall submit
	to the governor, the speaker of the house, and the lieutenant
	governor a report of the activities of the water supply enhancement
	[brush control] program during the immediately preceding calendar
	year, including a comprehensive analysis of the program's
	effectiveness and a report on program participant compliance with
	plans created under Section 203.162.
	SECTION 16.  Subchapter C, Chapter 203, Agriculture Code, is
	amended by adding Section 203.057 to read as follows:
	Sec. 203.057.  FEASIBILITY STUDIES. (a) The board shall
	establish a process for providing to persons submitting project
	proposals assistance in locating a person with expertise in
	hydrology, water resources, or another technical area pertinent to
	the evaluation of water supply to conduct a feasibility study for a
	project using a water yield model as described by Section
	203.053(b).
	(b)  The board may:
	(1)  dedicate a portion of the money appropriated to
	the board that it considers appropriate to fund part or all of a
	feasibility study under this section; and
	(2)  establish procedures to distribute the money under
	Subdivision (1).
	(c)  To receive funding for a feasibility study under
	Subsection (b), a person must submit to the board an application for
	funding that includes a statement of the project's anticipated
	impact on water resources.
	SECTION 17.  Section 203.101, Agriculture Code, is amended
	to read as follows:
	Sec. 203.101.  GENERAL AUTHORITY. Each district may
	administer the aspects of the water supply enhancement [brush
	control] program within the jurisdiction of that district.
	SECTION 18.  Section 203.102, Agriculture Code, is amended
	to read as follows:
	Sec. 203.102.  PROVIDE INFORMATION RELATING TO PROGRAM. The
	board shall prepare and distribute information to each district
	relating generally to the water supply enhancement [brush control]
	program and concerning the procedures for preparing, filing, and
	obtaining approval of an application for cost sharing under
	Subchapter E [of this chapter].
	SECTION 19.  The heading to Section 203.104, Agriculture
	Code, is amended to read as follows:
	Sec. 203.104.  SUPERVISION OF COST-SHARING CONTRACTS
	[PROJECTS].
	SECTION 20.  Sections 203.104(a) and (c), Agriculture Code,
	are amended to read as follows:
	(a)  Each district on behalf of the board may inspect and
	supervise cost-sharing contracts [projects] within its
	jurisdiction in which state money is provided under Subchapter E
	[of this chapter].
	(c)  The board may direct a district to manage any problem
	that arises under a cost-sharing contract for water supply
	enhancement [brush control] in that district and to report to the
	board.
	SECTION 21.  The heading to Subchapter E, Chapter 203,
	Agriculture Code, is amended to read as follows:
	SUBCHAPTER E. COST SHARING FOR WATER SUPPLY ENHANCEMENT [BRUSH
	CONTROL]
	SECTION 22.  Section 203.151, Agriculture Code, is amended
	to read as follows:
	Sec. 203.151.  CREATION OF COST-SHARING PROGRAM. As part of
	the water supply enhancement [brush control] program, a
	cost-sharing program is created to be administered under this
	chapter and rules adopted by the board.
	SECTION 23.  Section 203.154, Agriculture Code, is amended
	to read as follows:
	Sec. 203.154.  LIMIT ON COST-SHARING PARTICIPATION. (a)
	Not more than 70 percent of the total cost of a single cost-sharing
	contract [brush control project] may be made available as the
	state's share in cost sharing.
	(b)  A person is not eligible to participate in [the state
	brush control program] or to receive money from the state water
	supply enhancement [brush control] program if the person is
	simultaneously receiving any cost-share money for brush control on
	the same acreage from a federal government program.
	(c)  The board may grant an exception to Subsection (b) if
	the board finds that joint participation of the state water supply
	enhancement [brush control] program and any federal brush control
	program will:
	(1)  enhance the efficiency and effectiveness of the
	water supply enhancement program [a project];
	(2)  lessen the state's financial commitment to the
	person receiving money from the water supply enhancement program
	through a cost-sharing contract [project]; and
	(3)  not exceed 80 percent of the total cost of the
	cost-sharing contract [project].
	(d)  A political subdivision of this state is eligible for
	cost sharing under the water supply enhancement [brush control]
	program, provided that the state's share may not exceed 50 percent
	of the total cost of a single cost-sharing contract [project].
	(e)  Notwithstanding any other provision of this section,
	100 percent of the total cost of a single cost-sharing contract
	[project] on public lands may be made available as the state's share
	in cost sharing.
	SECTION 24.  Section 203.156, Agriculture Code, is amended
	to read as follows:
	Sec. 203.156.  APPLICATION FOR COST SHARING. A person,
	including a political subdivision of this state, that desires to
	participate with the state in the water supply enhancement program
	[a brush control project] and to obtain cost-sharing participation
	by the state shall file an application for a cost-sharing contract
	with the district board in the district in which the land on which
	the contract [project] is to be performed [accomplished] is
	located. The application must be in the form provided by board
	rules.
	SECTION 25.  Section 203.157, Agriculture Code, is amended
	to read as follows:
	Sec. 203.157.  CONSIDERATIONS IN PASSING ON APPLICATION. In
	passing on an application for cost sharing, the board shall
	consider:
	(1)  the location of the land that is subject to the
	cost-sharing contract [project];
	(2)  the method of control the applicant will use [that
	is to be used by the project applicant];
	(3)  the plans for revegetation;
	(4)  the total cost of the contract [project];
	(5)  the amount of land to be included in the contract
	[project];
	(6)  whether the applicant [for the project] is
	financially able to provide the applicant's [his] share of the
	money for the project;
	(7)  the cost-share percentage, if an applicant agrees
	to a higher degree of financial commitment;
	(8)  any comments and recommendations submitted by a
	local district, the department, the Texas Water Development Board,
	or the Parks and Wildlife Department; and
	(9)  any other pertinent information considered
	necessary by the board.
	SECTION 26.  Section 203.158, Agriculture Code, is amended
	to read as follows:
	Sec. 203.158.  APPROVAL OF APPLICATION. The board may
	approve an application for cost sharing if, after considering the
	factors listed in Section 203.157 and any other relevant factors,
	the board finds:
	(1)  the owner of the land fully agrees to cooperate in
	the cost-sharing contract [project]; and
	(2)  the method of eradication is a method approved by
	the board under Section 203.055[; and
	[(3)     the project is a higher priority than other
	projects submitted in accordance with the board's plan].
	SECTION 27.  Sections 203.160(a), (d), and (e), Agriculture
	Code, are amended to read as follows:
	(a)  On approval of an application for cost sharing by the
	board, the board or the governing board of the designated district
	shall negotiate cost-sharing contracts with the successful
	applicants in the project territory [area].
	(d)  The board shall examine the contract and if the board
	finds that the contract meets all the conditions of the board's
	resolution, instructions, and rules, it shall approve the contract
	and provide to the individual on faithful performance of the terms
	of the contract [completion of the project] the money that
	constitutes the state's share of the project.
	(e)  The board may develop guidelines to allow partial
	payment of the state's share of a cost-sharing contract [brush
	control project] as certain portions or percentages of contracted
	work are completed, but state money may not be provided in advance
	for work remaining to be done.
	SECTION 28.  Subchapter E, Chapter 203, Agriculture Code, is
	amended by adding Section 203.162 to read as follows:
	Sec. 203.162.  WATER SUPPLY ENHANCEMENT PLANS. (a)  The
	board shall consult with each successful applicant for a
	cost-sharing contract to create a 10-year plan for the land that is
	subject to the contract to enhance the water supply in the area.
	(b)  A plan created under this section must include:
	(1)  provisions for brush control or other water supply
	enhancement activities;
	(2)  a provision for follow-up brush control;
	(3)  a provision requiring the landowner to limit the
	average brush coverage on the land that is subject to the contract
	to not more than five percent throughout the course of the 10-year
	plan; and
	(4)  periodic dates throughout the course of the
	10-year plan on which the board will inspect the status of brush
	control on the land that is subject to the contract.
	(c)  A plan created under this section may not condition
	implementation of the provision for follow-up brush control on
	receipt of additional funding for the follow-up brush control from
	a state source other than the original cost-sharing contract.
	SECTION 29.  Section 776.006, Government Code, is amended by
	adding Subsection (c) to read as follows:
	(c)  The State Soil and Water Conservation Board may accept
	and administer conditional or other loans, grants, gifts, or other
	funds from the state or federal government or other sources to carry
	out its functions under this chapter.
	SECTION 30.  The following sections of the Agriculture Code
	are repealed:
	(1)  Section 201.0152;
	(2)  Section 203.152;
	(3)  Section 203.153; and
	(4)  Section 203.159.
	SECTION 31.  Notwithstanding Section 201.025, Agriculture
	Code, as amended by this Act, the Sunset Advisory Commission shall
	conduct a special-purpose review of the State Soil and Water
	Conservation Board as part of the Sunset Advisory Commission's
	review of agencies for the 84th Legislature. The Sunset Advisory
	Commission's report to the 84th Legislature regarding the
	special-purpose review of the State Soil and Water Conservation
	Board must be limited to evaluating the State Soil and Water
	Conservation Board's implementation of the Sunset Advisory
	Commission's recommendations to the 82nd Legislature regarding
	flood control, the water quality management plan, and the water
	supply enhancement program.  The report may include any
	recommendations the Sunset Advisory Commission considers
	appropriate based on the special-purpose review.
	SECTION 32.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1808 was passed by the House on April
	11, 2011, by the following vote:  Yeas 146, Nays 0, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1808 was passed by the Senate on May
	3, 2011, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor