83R7758 AED-F
	By: Carona	S.B. No. 671

	A BILL TO BE ENTITLED
	AN ACT
	relating to the deregulation of weather modification operations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 301.001, Agriculture Code, is amended by
	amending Subdivisions (1) and (5) and adding Subdivision (1-a) to
	read as follows:
	(1)  "Department" means the Texas Department of
	Licensing and Regulation.
	(1-a)  "Executive director" means the executive
	director of the department [Texas Department of Licensing and
	Regulation].
	(5)  "Weather modification and control program" means
	the research, development, [licensing, and permitting] and other
	associated activities to be administered by the department [Texas
	Department of Licensing and Regulation].
	SECTION 2.  Subchapter A, Chapter 301, Agriculture Code, is
	amended by adding Sections 301.002 and 301.003 to read as follows:
	Sec. 301.002.  REGIONAL PLANNING OF WEATHER MODIFICATION.
	(a)  A regional planning commission, council of governments, or
	similar regional planning agency created under Chapter 391, Local
	Government Code, may coordinate weather modification operations in
	the territory of the commission, council, or agency and with other
	commissions, councils, or agencies.
	(b)  A person who engages in activities for weather
	modification and control must be in compliance with any plans or
	recommendations adopted in accordance with Subsection (a) by the
	commission, council, or agency.
	(c)  A person may not engage in activities for weather
	modification and control in an area where the applicable
	commission, council, or agency has not coordinated weather
	modification operations as provided by Subsection (a).
	Sec. 301.003.  APPLICATION OF CERTAIN LAW. Section 51.202,
	Occupations Code, does not apply to the department in the
	administration of this chapter.
	SECTION 3.  Section 301.051, Agriculture Code, is amended to
	read as follows:
	Sec. 301.051.  RULES. The department [Texas Department of
	Licensing and Regulation] may adopt rules necessary to:
	(1)  exercise the powers and perform the duties under
	this chapter; and
	(2)  [establish procedures and conditions for the
	issuance of licenses and permits under this chapter; and
	[(3)]  establish standards and instructions to govern
	the carrying out of research or projects in weather modification
	and control that the department [Texas Department of Licensing and
	Regulation] considers necessary or desirable to minimize danger to
	health or property.
	SECTION 4.  Section 301.052, Agriculture Code, is amended to
	read as follows:
	Sec. 301.052.  STUDIES[; INVESTIGATIONS; HEARINGS]. The
	department [Texas Department of Licensing and Regulation] may make
	any studies or [investigations,] obtain any information[, and hold
	any hearings] necessary or proper to administer [or enforce] this
	chapter [or any rules or orders issued under this chapter].
	SECTION 5.  The heading to Subchapter G, Chapter 301,
	Agriculture Code, is amended to read as follows:
	SUBCHAPTER G.  IMMUNITY[; CERTAIN LEGAL RELATIONSHIPS]
	SECTION 6.  Section 301.302, Agriculture Code, is amended to
	read as follows:
	Sec. 301.302.  PRIVATE LEGAL RELATIONSHIPS. [(a)] This
	chapter does not affect private legal relationships, except that an
	operation conducted under [the license and permit requirements of]
	this chapter is not an ultrahazardous activity that makes the
	participants subject to liability without fault.
	[(b)     The fact that a person holds a license or permit under
	this chapter or that the person has complied with this chapter or
	the rules issued under this chapter is not admissible as evidence in
	any legal proceeding brought against the person.]
	SECTION 7.  The following provisions of the Agriculture Code
	are repealed:
	(1)  Section 301.060; and
	(2)  Subchapters C, D, E, and F, Chapter 301.
	SECTION 8.  The Texas Department of Licensing and Regulation
	may not institute a penalty under Section 301.201, Agriculture
	Code, on or after the effective date of this Act. If on the
	effective date of this Act a penalty under Section 301.201,
	Agriculture Code, is pending, the action is dismissed on that date.
	However, a final decision or an order for a penalty under Section
	301.201, Agriculture Code, that exists on the effective date of
	this Act is unaffected by this Act.
	SECTION 9.  The changes in law made by this Act to Section
	301.302, Agriculture Code, do not affect any suit, proceeding, or
	appeal pending on the effective date of this Act.  A suit,
	proceeding, or appeal pending on the effective date of this Act is
	governed by the law in effect on the date the suit, proceeding, or
	appeal was filed, and the former law is continued in effect for that
	purpose.
	SECTION 10.  This Act takes effect September 1, 2013.