Bill Text: TX SB1351 | 2023-2024 | 88th Legislature | Introduced
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: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2023-03-16 - Referred to Water, Agriculture, & Rural Affairs [SB1351 Detail]
Download: Texas-2023-SB1351-Introduced.html
88R1523 ANG-D | ||
By: Perry, et al. | S.B. No. 1351 |
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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 [ |
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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 [ |
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board operations; | ||
(2) the programs, functions, rules, and budget of | ||
[ |
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(3) the scope of and limitations on the rulemaking | ||
authority [ |
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(4) [ |
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[ |
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[ |
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the board; | ||
(5) [ |
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(A) laws relating to [ |
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[ |
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[ |
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interest; and | ||
(B) [ |
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state policy-making body in performing their duties [ |
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(6) [ |
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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 [ |
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SECTION 4. Subchapter C, Chapter 16, Water Code, is amended | ||
by adding Section 16.0511 to read as follows: | ||
Sec. 16.0511. FEASIBILITY REVIEW OF CERTAIN PROJECTS IN | ||
STATE WATER PLAN. (a) Not later than January 5, 2027, and before | ||
the end of each successive five-year period after that date, the | ||
executive administrator shall evaluate the feasibility of certain | ||
projects under the state water plan, including: | ||
(1) projects the board has prioritized for funding; | ||
(2) projects involving: | ||
(A) reservoirs; | ||
(B) interstate water transfers; | ||
(C) innovative technology projects; and | ||
(D) desalination plants; and | ||
(3) other large projects as determined by the board. | ||
(b) In conducting the feasibility review, the executive | ||
administrator shall analyze for each project: | ||
(1) the implementation timeline; | ||
(2) associated costs; | ||
(3) land acquisition considerations; and | ||
(4) the economic impact. | ||
SECTION 5. Section 16.053, Water Code, is amended by adding | ||
Subsection (e-2) to read as follows: | ||
(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 6. 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 7. 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 sewerage 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 8. The following provisions of the Water Code are | ||
repealed: | ||
(1) Section 15.108; | ||
(2) Section 15.218; and | ||
(3) Section 15.3061. | ||
SECTION 9. The changes in law made by this Act to Chapter | ||
17, Water Code, apply only to an application submitted to the Texas | ||
Water Development Board on or after the effective date of this Act. | ||
An application submitted to the Texas Water Development Board | ||
before the effective date of this Act is governed by the law in | ||
effect at the time the application was filed, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 10. This Act takes effect September 1, 2023. |