WATER CODE
CHAPTER 9. TEXAS WATER ADVISORY COUNCIL
§ 9.001. DEFINITIONS.
Text of section effective until December 31, 2005
In this chapter:
(1) "Authority" means an entity listed in Section
9.010(b).
(2) "Board" means the governing body of an authority.
(3) "Commission" means the Texas Natural Resource
Conservation Commission.
(4) "Conjunctive use" means the combined use of
groundwater and surface water sources that optimizes the beneficial
characteristics of each source.
(5) "Council" means the Texas Water Advisory Council.
Added by Acts 2001, 77th Leg., ch. 966, § 1.01, eff. Sept. 1,
2001.
§ 9.002. CREATION AND MEMBERSHIP.
Text of section effective until December 31, 2005.
(a) The council is created to provide the governor,
lieutenant governor, speaker of the house of representatives, and
legislature with the resource of a select council with expertise on
state water issues and consists of 15 members as follows:
(1) the chairman, or a board member designated by the
chairman, of the Texas Water Development Board;
(2) the chairman, or a commissioner designated by the
chairman, of the commission;
(3) the chairman, or a commissioner designated by the
chairman, of the Parks and Wildlife Commission;
(4) the commissioner of agriculture;
(5) the commissioner of the General Land Office;
(6) three members of the house of representatives
appointed by the speaker of the house of representatives;
(7) three members of the senate appointed by the
lieutenant governor; and
(8) four members of the general public appointed by
the governor, one representing groundwater management, one
representing surface water management, one representing the
environmental community, and one representing the coastal region.
(b) Except as provided by Subsection (c), council members
may not delegate participation or council duties to staff.
(c) A council member who is a member of the governing body of
a state agency may delegate participation and council duties to the
agency's executive administrator, executive director, or deputy
commissioner, as appropriate.
Added by Acts 2001, 77th Leg., ch. 966, § 1.01, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1057, § 1, eff. June
20, 2003.
§ 9.003. TERMS.
Text of section effective until December 31, 2005.
(a) Public members serve staggered three-year terms.
(b) Public members may be reappointed to serve additional
terms.
(c) Legislative members serve at the discretion of the
original appointing authority.
(d) A vacancy on the council shall be filled by appointment
by the original appointing authority for the unexpired term.
Added by Acts 2001, 77th Leg., ch. 966, § 1.01, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1057, § 1, eff. June
20, 2003.
§ 9.004. OFFICERS OF THE COUNCIL.
Text of section effective until December 31, 2005.
(a) The council shall elect a chair from among the
legislative members of the council. The chair of the council shall
serve a two-year term.
(b) The council shall alternate the selection of the chair
every two years between a house and senate council member.
Added by Acts 2001, 77th Leg., ch. 966, § 1.01, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1057, § 1, eff. June
20, 2003.
§ 9.005. COUNCIL STAFF.
Text of section effective until December 31, 2005.
On request by the council, the senate and house standing
committees with primary responsibility over water resource
management, the commission, the Parks and Wildlife Department, the
Department of Agriculture, and the Texas Water Development Board
shall provide any staff necessary to assist the council in the
performance of its duties.
Added by Acts 2001, 77th Leg., ch. 966, § 1.01, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1057, § 1, eff. June
20, 2003.
§ 9.006. MEETINGS.
Text of section effective until December 31, 2005.
(a) The council shall conduct public meetings at the
discretion of the chair at least twice a year. Eight members
constitute a quorum.
(b) The council is subject to Chapters 551 and 2001,
Government Code.
Added by Acts 2001, 77th Leg., ch. 966, § 1.01, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1057, § 1, eff. June
20, 2003.
§ 9.007. COMPENSATION OF MEMBERS.
Text of section effective until December 31, 2005.
(a) Members of the council serve without compensation but
public members may be reimbursed by legislative appropriation for
actual and necessary expenses related to the performance of council
duties.
(b) Reimbursement under Subsection (a) is subject to the
approval of the council.
Added by Acts 2001, 77th Leg., ch. 966, § 1.01, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1057, § 1, eff. June
20, 2003.
§ 9.008. POWERS AND DUTIES OF COUNCIL.
Text of section effective until December 31, 2005.
(a) The governor, lieutenant governor, and speaker of the
house of representatives may issue charges to the council on state
water issues. The council shall provide recommendations to the
governor, lieutenant governor, or speaker of the house of
representatives, as appropriate, based on the charges.
(b) If the governor, lieutenant governor, or speaker of the
house of representatives does not issue charges to the council, the
council may create a list of state water issues and present the list
to the governor, lieutenant governor, and speaker of the house of
representatives. The governor, lieutenant governor, and speaker of
the house of representatives may select a total of not more than
four issues from the list. The council shall provide
recommendations based on that list.
(c) The council may draft and review proposed legislation,
for purposes of recommendation only, to communicate specific policy
changes that may be needed.
(d) The council may request reports from river authorities,
surface water authorities, and water districts.
(e) The council shall coordinate its efforts with the senate
and house standing committees with primary responsibility over
water resource management.
(f) The council may appoint subcommittees of council
members to analyze specific issues within charges to the council or
issues selected from the council's list by the governor, lieutenant
governor, and speaker of the house of representatives.
(g) The council may appoint a technical committee to analyze
specific issues within charges to the council or issues selected
from the council's list by the governor, lieutenant governor, and
speaker of the house of representatives. The technical committee
may contain noncouncil members.
(h) The council may not:
(1) adopt rules;
(2) regulate water use, water quality, or any other
aspect of water resource management;
(3) plan or construct water resource projects or have
such projects planned or constructed;
(4) grant or lend money for the construction of water
resource projects;
(5) establish water resource management standards or
otherwise usurp the authority of or infringe upon the duties,
responsibilities, or powers of local, regional, or state water
management entities, including groundwater districts, river
authorities and compacts, regional water planning groups, or member
agencies of the council; or
(6) consider or discuss a specific permit or project
or recommendation for a project until the water permit has been
issued by the state and all motions for rehearing have been
overruled.
Added by Acts 2001, 77th Leg., ch. 966, § 1.01, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1057, § 1, eff. June
20, 2003.
§ 9.009. REPORT.
Text of section effective until December 31, 2005.
(a) The council shall submit a report on its recommendations
to the governor, lieutenant governor, and speaker of the house of
representatives and to the senate and house standing committees
with primary responsibility over water resource management not
later than December 31 each year.
(b) The report must include recommendations the council
made on charges issued by or issues selected from the council's list
by the governor, lieutenant governor, and speaker of the house of
representatives during the year.
(c) The governor, lieutenant governor, and speaker of the
house of representatives may request additional reports on specific
charges at any time.
(d) The council may request reports from committees
established under Sections 9.008(f) and (g).
Added by Acts 2001, 77th Leg., ch. 966, § 1.01, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1057, § 1, eff. June
20, 2003.
§ 9.013. GIFTS AND GRANTS.
Text of section effective until December 1, 2005
The council may accept gifts and grants from any source to
carry out the purposes of this chapter. The use of gifts and grants
other than legislative appropriations is subject only to
limitations contained in the gift or grant.
Added by Acts 2001, 77th Leg., ch. 966, § 1.01, eff. Sept. 1,
2001.
§ 9.014. FUNDING.
Text of section effective until December 31, 2005.
(a) The interagency water advisory account is a special
account in the general revenue fund.
(b) The interagency water advisory account consists of
legislative appropriations, gifts and grants received under
Section 9.013, and other money required by law to be deposited in
the account.
(c) Money in the interagency water advisory account may be
used only as provided by this chapter.
Added by Acts 2001, 77th Leg., ch. 966, § 1.01, eff. Sept. 1,
2001.
§ 9.015. CONTINUING RIGHT OF SUPERVISION.
Text of section effective until December 31, 2005.
Nothing in this chapter affects the continuing right of
supervision over authorities by the commission as provided by
Section 12.081.
Added by Acts 2001, 77th Leg., ch. 966, § 1.01, eff. Sept. 1,
2001.
§ 9.016. PUBLIC PARTICIPATION.
Text of section effective until December 31, 2005.
The council shall encourage public participation at council
meetings and public input regarding the council's purpose, the
exercise of its powers and duties under Section 9.008, and its
preparation of the report described in Section 9.009.
Added by Acts 2001, 77th Leg., ch. 966, § 1.01, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1057, § 1, eff. June
20, 2003.
§ 9.017. DISSOLUTION OF COUNCIL AND ACCOUNT.
Text of section effective until December 31, 2005.
Unless extended by the 79th Texas Legislature, this chapter
and the interagency water advisory account expire on December 31,
2005.
Added by Acts 2001, 77th Leg., ch. 966, § 1.01, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1057, § 1, eff. June
20, 2003.
