HBA-JRA C.S.H.B. 3349 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3349
By: Turner, Bob
Agriculture & Livestock
4/13/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The state previously established a brush control cost-sharing program,
which required the state to bear 70 percent of the costs and the land owner
to bear the remaining 30 percent, but never funded it.  C.S.H.B. 3349
requires the Texas State Soil and Water Conservation Board, in consultation
with the Texas Water Development Board, to develop criteria for brush
control projects; requires the board to take any action necessary to obtain
any available funds from federal assistance programs for the brush control
program; and authorizes the board and the Department of Agriculture to
enter into a contract for the use of inmate labor on these projects. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 203, Agriculture Code, by adding
Section 203.0515, as follows: 

Sec. 203.0515.  USE OF WATERSHED STUDIES.  Requires the State Soil and
Water Conservation Board (board) to consider the findings and
recommendations of available watershed studies in administering this
chapter. 

SECTION 2.  Amends Subchapter C, Chapter 203, Agriculture Code, by adding
Sections 203.0555 and 203.057, as follows: 

Sec. 203.0555.  CRITERIA FOR PROJECTS.  Requires the board, in consultation
with the Texas Water Development Board, to develop criteria for evaluating
brush control projects under this chapter, provide guidance to each person
participating in the cost-sharing program under Subchapter E regarding the
person's rights and responsibilities concerning the use of water affected
by projects under this chapter, and develop and collect data on each brush
control project. 

Sec. 203.057.  FEDERAL FUNDS.  Requires the board to take any action
necessary to obtain any available funds from federal assistance programs
for the brush control program, as long as acceptance of the funds does not
include conditions that adversely affect the brush control program. 

SECTION 3.  Amends Subchapter E, Chapter 497, Government Code, by adding
Section 497.0925, as follows: 

Sec. 497.0925.  BRUSH CONTROL.  Authorizes the Department of Agriculture
and the board to enter into and perform an agreement or contract for the
use of inmate labor for a brush control project under Chapter 203,
Agriculture Code. 

SECTION 4.  Effective date: September 1, 1999.

 SECTION 13.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original by deleting SECTION 1 of the original,
which amended the heading to Subchapter E, Chapter 203, Agriculture Code,
to read "Financial Assistance For Brush Control." 

The substitute modifies the original by redesignating SECTION 2 of the
original to SECTION 1 (proposed Section 203.0515, Agriculture Code) and by
deleting the specific requirement that the State Soil and Water
Conservation Board (board) consider the North Concho watershed study and
the requirement that the studies the board considers be conducted by or
with the participation of state or local government. 

The substitute modifies the original by deleting SECTION 3 of the original,
which amended Section 203.053, Agriculture Code, to require the board to
designate the Edwards Aquifer recharge zone, the Nueces River basin, and
the North Concho River basin as critical areas with the most critical water
conservation needs until the board determines that the areas are no longer
in critical need of water conservation efforts provided by this chapter
(Brush Control). 

The substitute modifies the original by deleting SECTIONS 4 and 6-8 of the
original, which amended Sections 203.055(b), and  203.102, 203.103(a), and
203.104(c), Agriculture Code, respectively, to make changes conforming to
the repeal of Section 203.154 (Limit on Cost-Sharing Participation),
Agriculture Code, which the substitute also deletes. 

The substitute modifies the original by deleting SECTION 9 of the original,
which amended Sections 203.151-203.153, 203.155-203.157, and
203.159-203.161, Agriculture Code, to provide that the brush control fund
is a special account, rather than fund, created in the state treasury and
to provide that the brush control fund consists of appropriate federal
assistance funds, as well as legislative appropriations and money
transferred to the fund by law.  SECTION 9 of the original also made
changes conforming to the repeal of Section 203.154, Agriculture Code. 

The substitute modifies the original by deleting SECTION 11 of the
original, which repealed Section 203.154 (Limit on Cost-Sharing
Participation), Agriculture Code. 

The substitute redesignates SECTIONS 5, 10, 12, and 13 of the original, to
SECTIONS 2, 3, 4, and 5.