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TWCA Mid-Year Conference
Legislative Update
Howard S. Slobodin
June 16, 2017
General Interest
Open Government
HB 501
Signed by Governor
• Filers of personal financial statements required
to disclose businesses in which filer has a 5%
or greater interest.
• Filers also required to identify certain contracts
with any governmental entity or with a
person/entity contracting with any
governmental entity.
• Authorizes amendments to personal financial
statements, which relate back to original filing
date if made promptly upon discovery of an
error.
HB 3047
Sent to Governor
• Amends OMA to provide that if audio or video
communication with a member participating
through videoconference is lost, the member is
considered absent from that portion of the
meeting.
• Statute still requires that a quorum be
physically present at one location.
SB 347
Signed by Governor
Requires any “committee or subcommittee” of a
regional water planning group to comply with the
OMA and PIA.
SB 564
Signed by Governor
Expands DIR exceptions under OMA to all
“governmental bodies” regarding:
• IT Security assessments or deployments;
• Network security information; and,
• Security personnel or devices and critical
infrastructure.
• Also expands existing DIR exception under PIA
to all “governmental entities” regarding
passwords, personal identification numbers,
access codes, encryption, or other components
of security systems.
SB 625
Signed by Governor
Requires Comptroller to create Special Purpose
District Public Information Database, including,
but not limited to, the following information:
• Name of special purpose district and each
Board member and GM;
• Revenue obligations;
• Bonds payable from taxes and sales taxes;
• Whether authorized to tax; and
• Recent fiscal year budget information .
Failure to report = $1,000 fine.
General Interest
Finance
HB 544
Signed by Governor
Authorizes TWDB to use the Rural Water
Assistance Fund for planning (in addition to
existing uses of outreach, financial, and technical
assistance) to assist rural entities to obtain and
use financing from any source. Previously limited
for purpose of obtaining financing from RWAF
itself.
HB 1946
Signed by Governor
Expands AG review for purposes of
incontestability to contracts or leases under which
proceeds are not pledged to the payment of a
bond, but which are related to a bond issuance.
HB 2943
VETOED
• Expands eligibility for funding from state water
pollution control revolving fund to all projects
eligible for assistance under FWPCA.
• Requires TWDB to create a program promoting
conservation easements for eligible applicants,
funded by the CWSRF.
• Extends the max. loan period from 20 years to
lesser of 30 years or the projected useful life of
project.
HB 3987
VETOED
• Authorizes TWDB to use new State
Participation Account II to provide financial
assistance to desal. and ASR facilities. Further
authorizes TWDB to acquire such facilities with
or without partnering with other entities under
certain conditions.
• Caps the amount TWDB can issue at no more
than $200 million for stated purposes.
• Expires Sept. 1, 2022, if TWDB does not
provide financial assistance under new
authorization.
General Interest
Operations
HB 804
Signed by Governor
Amends Tax Code to require lessors of real
property to furnish a copy of any notice of
appraised value to a lessee within ten days of the
lessor’s receipt if the lessee is required to
reimburse the lessor for property taxes imposed.
HB 965
Signed by Governor
Amends Chapter 13 to allow retail public utilities
to require TDCJ correctional facilities or those
operated under contract with TDCJ to comply with
water conservation measures unless TDCJ
submits a statement that conservation would
unreasonably increase costs or endanger health
and safety.
HB 1257
Signed by Governor
Amends criminal mischief statute to create state
jail felony for damage to property used for flood
control purposes and dams.
HB 1573
Signed by Governor
• Amends Chapter 16 to require that persons
performing water loss audits, required annually
for retail public utilities providing potable water,
must be trained to conduct water loss auditing.
• Also requires TWDB to make training available
for free on its website.
HB 1648
Signed by Governor
Amends Chapter 13 to require retail public utilities
providing potable water to more than 3,300
connections to designate a water conservation
coordinator to implement water conservation plan
and to notify TWDB of the designated coordinator
in writing.
SB 622
Signed by Governor
• Added requirement to Local Gov’t Code that
political subdivisions must include in proposed
budgets a line item indicating expenditures for
notices required by law to be published in
newspaper.
• Line item must allow a clear comparison
between proposed budget and actual
expenditures in the prior budget year.
General Interest
Administrative Procedure
HB 1290
Sent to Governor
• Amends APA to provide that state agencies
with appointed officers cannot adopt a
proposed rule that imposes a cost on regulated
entities unless agency repeals or amends a
rule that imposes a cost that is equal to or
greater than that of the proposed rule.
Significant exceptions include rules necessary
to protect water resources and health, safety,
and welfare.
• Does not apply to agencies with elected
officers (e.g., RRC, GLO).
General Interest
Purchasing
• Creates U.S. steel/iron requirement for TWDB-
financed projects, subject to certain
exemptions (not produced in sufficient
quantities or reasonably available, quality,
increase in cost > 20%).
• Exempts electrical system products from the
US production requirement.
• Requirement does not apply to SWIFT and
SWIRFT projects already approved by TWDB.
SB 1289
Signed by Governor
General Interest
Water Planning
SB 1511
Sent to Governor
Amends Chapter 16 to require the SWP to
include information on projects deemed high
priority by TWDB to receive financial assistance
in the previous SWP including:
• Extent projects were implemented in the
decade in which needed; and
• Impediments to implementing projects not
implemented in decade in which needed.
Also adds reps. of State Soil and Water
Conservation Board as ex officio members of
each RWPG.
SB 1511 Cont.
Sent to Governor
• Amends Chapter 16 to require RWPGs to
amend approved regional plans to exclude
water management strategies or projects which
become “infeasible,” and consider substitution
of another strategy/project that will meet the
need.
• Project is “infeasible” if sponsor has not
formally approved expenditures to construct or
filed applications for permits required on a
schedule consistent with implementation of
strategy/project by the time it is needed in
RWP.
SB 1511 Cont.
Sent to Governor
• Authorizes simplified planning every other 5
year planning cycle if no significant changes to
a RWPA’s water availability, supply and
demand.
• TWDB guidance forthcoming.
SB 1525
VETOED
• Directs TWDB to conduct a statewide water
needs and availability study, considering
locations for desal. facilities and PPPs.
General Interest
Constitutional Amendments
SJR 34
Passed – Election Date 11/7/17
Amends TEX. CONST. art. XVI, § 17, to provide that
gubernatorial appointees who do not receive a
salary may only remain in office under an expired
term until the last day of the first regular session of
the Legislature that begins after the term has
expired.
General Interest
Miscellaneous
SB 570
VETOED
• Amends Chapter 361 to require scrap tire
generators, tire dealers, and others that store
used or scrap tires outside to do so in a
secured manner to prevent theft.
• Requires retailers to keep records of customers
that keep the scrap/used tires for three years
from date of transaction.
• Requires TCEQ to develop signage specifying
requirements of disposal of scrap/used tires, to
be posted by retailers in a location readily
available to customers.
HB 1884
Sent to Governor
Amends Code of Criminal Procedure to add
Health and Safety Code littering prohibitions to
offenses for which convicted defendants must be
given community service not to exceed 60 hours.
HB 2140
Died in House Env. Reg. Committee
• Proposed creation of Texas Litter and Illegal
Dumping Advisory Panel to conduct study on
existing best management practices and
funding mechanisms for prevention, mitigation,
and abatement of windblown and waterborne
litter and illegal dumping.
• Panel charged to evaluate the feasibility of
implementing best practices, State’s role in
funding and oversight, and jurisdiction and
effectiveness of law enforcement. The panel
was to make final recommendations to TCEQ
and TxDOT based on study results.
TWCA Mid-Year Conference
Legislative Update
Howard S. Slobodin
June 16, 2017

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Legislative Update, Howard Slobodin

  • 1. TWCA Mid-Year Conference Legislative Update Howard S. Slobodin June 16, 2017
  • 3. HB 501 Signed by Governor • Filers of personal financial statements required to disclose businesses in which filer has a 5% or greater interest. • Filers also required to identify certain contracts with any governmental entity or with a person/entity contracting with any governmental entity. • Authorizes amendments to personal financial statements, which relate back to original filing date if made promptly upon discovery of an error.
  • 4. HB 3047 Sent to Governor • Amends OMA to provide that if audio or video communication with a member participating through videoconference is lost, the member is considered absent from that portion of the meeting. • Statute still requires that a quorum be physically present at one location.
  • 5. SB 347 Signed by Governor Requires any “committee or subcommittee” of a regional water planning group to comply with the OMA and PIA.
  • 6. SB 564 Signed by Governor Expands DIR exceptions under OMA to all “governmental bodies” regarding: • IT Security assessments or deployments; • Network security information; and, • Security personnel or devices and critical infrastructure. • Also expands existing DIR exception under PIA to all “governmental entities” regarding passwords, personal identification numbers, access codes, encryption, or other components of security systems.
  • 7. SB 625 Signed by Governor Requires Comptroller to create Special Purpose District Public Information Database, including, but not limited to, the following information: • Name of special purpose district and each Board member and GM; • Revenue obligations; • Bonds payable from taxes and sales taxes; • Whether authorized to tax; and • Recent fiscal year budget information . Failure to report = $1,000 fine.
  • 9. HB 544 Signed by Governor Authorizes TWDB to use the Rural Water Assistance Fund for planning (in addition to existing uses of outreach, financial, and technical assistance) to assist rural entities to obtain and use financing from any source. Previously limited for purpose of obtaining financing from RWAF itself.
  • 10. HB 1946 Signed by Governor Expands AG review for purposes of incontestability to contracts or leases under which proceeds are not pledged to the payment of a bond, but which are related to a bond issuance.
  • 11. HB 2943 VETOED • Expands eligibility for funding from state water pollution control revolving fund to all projects eligible for assistance under FWPCA. • Requires TWDB to create a program promoting conservation easements for eligible applicants, funded by the CWSRF. • Extends the max. loan period from 20 years to lesser of 30 years or the projected useful life of project.
  • 12. HB 3987 VETOED • Authorizes TWDB to use new State Participation Account II to provide financial assistance to desal. and ASR facilities. Further authorizes TWDB to acquire such facilities with or without partnering with other entities under certain conditions. • Caps the amount TWDB can issue at no more than $200 million for stated purposes. • Expires Sept. 1, 2022, if TWDB does not provide financial assistance under new authorization.
  • 14. HB 804 Signed by Governor Amends Tax Code to require lessors of real property to furnish a copy of any notice of appraised value to a lessee within ten days of the lessor’s receipt if the lessee is required to reimburse the lessor for property taxes imposed.
  • 15. HB 965 Signed by Governor Amends Chapter 13 to allow retail public utilities to require TDCJ correctional facilities or those operated under contract with TDCJ to comply with water conservation measures unless TDCJ submits a statement that conservation would unreasonably increase costs or endanger health and safety.
  • 16. HB 1257 Signed by Governor Amends criminal mischief statute to create state jail felony for damage to property used for flood control purposes and dams.
  • 17. HB 1573 Signed by Governor • Amends Chapter 16 to require that persons performing water loss audits, required annually for retail public utilities providing potable water, must be trained to conduct water loss auditing. • Also requires TWDB to make training available for free on its website.
  • 18. HB 1648 Signed by Governor Amends Chapter 13 to require retail public utilities providing potable water to more than 3,300 connections to designate a water conservation coordinator to implement water conservation plan and to notify TWDB of the designated coordinator in writing.
  • 19. SB 622 Signed by Governor • Added requirement to Local Gov’t Code that political subdivisions must include in proposed budgets a line item indicating expenditures for notices required by law to be published in newspaper. • Line item must allow a clear comparison between proposed budget and actual expenditures in the prior budget year.
  • 21. HB 1290 Sent to Governor • Amends APA to provide that state agencies with appointed officers cannot adopt a proposed rule that imposes a cost on regulated entities unless agency repeals or amends a rule that imposes a cost that is equal to or greater than that of the proposed rule. Significant exceptions include rules necessary to protect water resources and health, safety, and welfare. • Does not apply to agencies with elected officers (e.g., RRC, GLO).
  • 23. • Creates U.S. steel/iron requirement for TWDB- financed projects, subject to certain exemptions (not produced in sufficient quantities or reasonably available, quality, increase in cost > 20%). • Exempts electrical system products from the US production requirement. • Requirement does not apply to SWIFT and SWIRFT projects already approved by TWDB. SB 1289 Signed by Governor
  • 25. SB 1511 Sent to Governor Amends Chapter 16 to require the SWP to include information on projects deemed high priority by TWDB to receive financial assistance in the previous SWP including: • Extent projects were implemented in the decade in which needed; and • Impediments to implementing projects not implemented in decade in which needed. Also adds reps. of State Soil and Water Conservation Board as ex officio members of each RWPG.
  • 26. SB 1511 Cont. Sent to Governor • Amends Chapter 16 to require RWPGs to amend approved regional plans to exclude water management strategies or projects which become “infeasible,” and consider substitution of another strategy/project that will meet the need. • Project is “infeasible” if sponsor has not formally approved expenditures to construct or filed applications for permits required on a schedule consistent with implementation of strategy/project by the time it is needed in RWP.
  • 27. SB 1511 Cont. Sent to Governor • Authorizes simplified planning every other 5 year planning cycle if no significant changes to a RWPA’s water availability, supply and demand. • TWDB guidance forthcoming.
  • 28. SB 1525 VETOED • Directs TWDB to conduct a statewide water needs and availability study, considering locations for desal. facilities and PPPs.
  • 30. SJR 34 Passed – Election Date 11/7/17 Amends TEX. CONST. art. XVI, § 17, to provide that gubernatorial appointees who do not receive a salary may only remain in office under an expired term until the last day of the first regular session of the Legislature that begins after the term has expired.
  • 32. SB 570 VETOED • Amends Chapter 361 to require scrap tire generators, tire dealers, and others that store used or scrap tires outside to do so in a secured manner to prevent theft. • Requires retailers to keep records of customers that keep the scrap/used tires for three years from date of transaction. • Requires TCEQ to develop signage specifying requirements of disposal of scrap/used tires, to be posted by retailers in a location readily available to customers.
  • 33. HB 1884 Sent to Governor Amends Code of Criminal Procedure to add Health and Safety Code littering prohibitions to offenses for which convicted defendants must be given community service not to exceed 60 hours.
  • 34. HB 2140 Died in House Env. Reg. Committee • Proposed creation of Texas Litter and Illegal Dumping Advisory Panel to conduct study on existing best management practices and funding mechanisms for prevention, mitigation, and abatement of windblown and waterborne litter and illegal dumping. • Panel charged to evaluate the feasibility of implementing best practices, State’s role in funding and oversight, and jurisdiction and effectiveness of law enforcement. The panel was to make final recommendations to TCEQ and TxDOT based on study results.
  • 35. TWCA Mid-Year Conference Legislative Update Howard S. Slobodin June 16, 2017