2005 Texas Water Code CHAPTER 9. TEXAS WATER ADVISORY COUNCIL

WATER CODE

CHAPTER 9. TEXAS WATER ADVISORY COUNCIL


	§ 9.001.  DEFINITIONS.  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.  (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.  (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.  (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.  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.  (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.  (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.  (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.  (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.  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.  (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.  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.  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.