88R17967 MP-D     By: Clardy, Holland, Canales, Goldman, H.B. No. 1545       Bell of Kaufman     Substitute the following for H.B. No. 1545:     By:  Cain C.S.H.B. No. 1545       A BILL TO BE ENTITLED   AN ACT   relating to the continuation and functions of the State Soil and   Water Conservation Board and the Texas Invasive Species   Coordinating Committee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 201.0142, Agriculture 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 [legislation that created the]   state board operations;                (2)  the programs, functions, rules, and budget of   [operated by] the state board;                (3)  the scope of and limitations on the rulemaking   authority [role and functions] of the state board;                (4)  [the rules of the state board, with an emphasis on   the rules that relate to disciplinary and investigatory authority;                [(5)  the current budget for the state board;                [(6)]  the results of the most recent formal audit of   the state board;                (5) [(7)]  the requirements of:                      (A)  laws relating to [the] open meetings, [law,   Chapter 551, Government Code;                      [(B)  the] public information, [law, Chapter 552,   Government Code;                      [(C)  the] administrative procedure, and   disclosing conflicts of interest [law, Chapter 2001, Government   Code]; and                      (B) [(D)]  other laws applicable to members of a   state policy-making body in performing their duties [relating to   public officials, including conflict-of-interest laws]; and                (6) [(8)]  any applicable ethics policies adopted by   the state board or the Texas Ethics Commission.          (d)  The executive director shall create a training manual   that includes the information required by Subsection (b). The   executive director shall distribute a copy of the training manual   annually to each member of the state board.  Each member of the   state board shall sign and submit to the executive director a   statement acknowledging that the member received and has reviewed   the training manual.          SECTION 2.  Section 201.019(i), Agriculture Code, is amended   to read as follows:          (i)  The state board [agency] shall develop and implement   policies that [which] clearly separate the policy-making   [respective] responsibilities of the state board and the management   responsibilities of the executive director and the staff of the   state board.          SECTION 3.  Sections 201.0231(a) and (c), Agriculture Code,   are amended to read as follows:          (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 complaints [a complaint] filed with the [a]   state board [office].  The state board shall maintain information   about parties to the complaint, the subject matter of the   complaint, a summary of the results of the review or investigation   of the complaint, and its disposition.          (c)  The state board shall periodically notify the complaint   parties [to the complaint] of the status of the complaint until   final disposition unless the notice would jeopardize an   investigation.          SECTION 4.  Subchapter B, Chapter 201, Agriculture Code, is   amended by adding Section 201.0226 to read as follows:          Sec. 201.0226.  DAM STRUCTURAL REPAIR GRANT PROGRAM. (a)     The state board shall develop and implement a program to provide   grants for the structural repair and maintenance of flood control   dams.          (b)  With input from stakeholders, the state board shall:                (1)  establish goals, criteria, and metrics for the   grant program; and                (2)  assess the need for funding the structural repair   and maintenance of flood control dams throughout this state,   including the number of projects a grant sponsor can complete each   year.          (c)  In adopting rules or policies for the grant program, the   state board shall:                (1)  ensure any local matching fund requirement adopted   by the state board accounts for the financial capacity of the grant   sponsor; and                (2)  consider dams that are classified as high-hazard   by the Texas Commission on Environmental Quality.          (d)  The state board shall ensure guidance documents for the   grant program, including the 10-year dam repair, rehabilitation,   and maintenance plan adopted under Section 201.0227, are consistent   with the goals, criteria, and metrics established under Subsection   (b).          SECTION 5.  Section 201.0227, Agriculture Code, is amended   by adding Subsection (f) to read as follows:          (f)  The state board shall consider the timelines for grant   applications for the dam structural repair grant program under   Section 201.0226 when preparing and adopting a plan under this   section.          SECTION 6.  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 state board is abolished [and this chapter   expires] September 1, 2035 [2023].          SECTION 7.  Section 776.004, Government Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  The committee shall:                (1)  [serve as a catalyst for cooperation between state   agencies in the area of invasive species control;                [(2)  facilitate governmental efforts, including   efforts of local governments and special districts, to prevent and   manage invasive species;                [(3)  make recommendations to state agencies regarding   research, technology transfer, and management actions related to   invasive species control;                [(4)]  facilitate the exchange of information so that   each member agency is informed of committee plans, recommendations,   and proposals for research, education, and implementation of   activities to:                      (A)  prevent, detect, assess, monitor, contain,   and control or eradicate invasive species; and                      (B)  reduce environmental and economic threats   and threats to human health from invasive species; and                (2) [(5)]  provide a forum for developing coordinated   interagency strategies and policies for invasive species control[;                [(6)  provide technical information and input to   regional and national invasive species control coordination   efforts, including the National Invasive Species Management Plan;                [(7)  facilitate the review of committee technical   decisions and work product by specialists and interested persons;   and                [(8)  report as needed to the governor, lieutenant   governor, and speaker of the house of representatives on committee   plans, work product, and accomplishments].          (a-1)  The committee may:                (1)  serve as a catalyst for cooperation between state   agencies in the area of invasive species control;                (2)  facilitate governmental efforts, including   efforts of local governments and special districts, to prevent and   manage invasive species;                (3)  make recommendations to state agencies regarding   research, technology transfer, and management actions related to   invasive species control;                (4)  provide technical information and input to   regional and national invasive species control coordination   efforts, including the National Invasive Species Management Plan;                (5)  facilitate the review of committee technical   decisions and work product by specialists and interested persons;   and                (6)  report as needed to the governor, lieutenant   governor, and speaker of the house of representatives on committee   plans, work product, and accomplishments.          SECTION 8.  Chapter 776, Government Code, is amended by   adding Section 776.0051 to read as follows:          Sec. 776.0051.  MEETINGS. (a)  The committee shall meet at   least annually at the call of the committee chair or the State Soil   and Water Conservation Board's representative on the committee.          (b)  The State Soil and Water Conservation Board shall ensure   the committee meets at least annually.          SECTION 9.  Section 776.007, Government Code, is amended by   amending Subsection (a) and adding Subsection (c) to read as   follows:          (a)  The committee is subject to Chapter 325 (Texas Sunset   Act).  [Unless continued in existence as provided by that chapter,   the committee is abolished and this chapter expires September 1,   2023.]          (c)  The committee shall be reviewed during each period in   which the State Soil and Water Conservation Board is reviewed.          SECTION 10.  Section 776.006(b), Government Code, is   repealed.          SECTION 11.  (a)  Except as provided by Subsection (b) of   this section, Section 201.0142, Agriculture Code, as amended by   this Act, applies to a member of the State Soil and Water   Conservation Board appointed before, on, or after the effective   date of this Act.          (b)  A member of the State Soil and Water Conservation Board   who, before the effective date of this Act, completed the training   program required by Section 201.0142, Agriculture Code, as that law   existed before the effective date of this Act, is only required to   complete additional training on the subjects added by this Act to   the training program required by Section 201.0142, Agriculture   Code.  A member described by this subsection may not vote,   deliberate, or be counted as a member in attendance at a meeting of   the State Soil and Water Conservation Board held on or after   December 1, 2023, until the member completes the additional   training.          SECTION 12.  (a)  For purposes of Section 201.025,   Agriculture Code, as amended by this Act, the Sunset Advisory   Commission shall conduct a limited-scope review of the State Soil   and Water Conservation Board for the 90th Legislature.          (b)  In conducting the limited-scope review under this   section, the Sunset Advisory Commission staff evaluation and report   must be limited to reviewing the State Soil and Water Conservation   Board's dam structural repair grant program.          (c)  The Sunset Advisory Commission's recommendations to the   90th Legislature may include any recommendation the commission   considers appropriate based on the limited-scope review conducted   under this section.          SECTION 13.  This Act takes effect September 1, 2023.