TITLE 31.NATURAL RESOURCES AND CONSERVATION

Part 10. TEXAS WATER DEVELOPMENT BOARD

Chapter 353. INTRODUCTORY PROVISIONS

Subchapter G. TEXAS NATURAL RESOURCES INFORMATION SYSTEM PARTNERSHIPS

31 TAC §353.100, §353.101

The Texas Water Development Board (board) adopts new 31 TAC §353.100 and §353.101 concerning Introductory Provisions. Section 353.100 and §353.101 are adopted without changes to the proposed text as published in the November 30, 2001 issue of the Texas Register (26 TexReg 9665) and will not be republished. These new sections are adopted in response to Senate Bill 312, 77th Texas Legislature, Regular Session, 2001.

First, the board adopts these new sections into a new subchapter, Subchapter G, relating to Texas Natural Resources Information System Partnerships. This is to properly organize these new rules in the chapter.

The board adopts new §353.100 to comply with Texas Water Code §16.021(b), which was amended by Senate Bill 312 to authorize the executive administrator to enter partnerships with private entities to provide additional funding for improved access to Texas Natural Resources Information System (TNRIS) information. Section 353.100 authorizes the executive administrator to enter partnerships with private entities that provide services related to TNRIS goals and responsibilities. These partnerships will allow the entities to have their information and a hyperlink to their web site posted on the TNRIS web site. TNRIS is a division of the board that serves as the state's centralized clearinghouse and referral center for natural resource, census, and other socioeconomic data. As such, it is the starting place for citizens wanting natural resource data. There are several private entities that provide services that add value to the data maintained by TNRIS. Providing links to and information on these entities to TNRIS customers, through the TNRIS web site, will enable customers to obtain all of the data and services they desire. It will also raise funds for TNRIS by charging each entity a fee for having its information and link posted on the TNRIS web site. Senate Bill 312 amended Texas Water Code §16.021(b) to allow the executive administrator to enter partnerships specifically designed to raise more funds for TNRIS, which will be used to improve access to TNRIS information. These partnerships will only be entered with entities that have been determined to provide services that are related to TNRIS goals and responsibilities. The partnerships will be created through a written agreement that lasts one year but which can be renewed upon request. The charge for posting a partner's information and hyperlink on the TNRIS web site will be determined by the executive administrator, upon board approval.

The board adopts new §353.101, which is also intended to comply with Texas Water Code §16.021(b). This new section allows the executive administrator, with board authorization, to enter partnerships with private entities that wish to form a relationship with the board to pass donations from donors to TNRIS. Some nonprofit corporations accept donations on behalf of other organizations and provide some tax benefits to the donors. Senate Bill 312 amended Texas Water Code §16.021(b) specifically to allow the executive administrator to enter partnerships with private entities in order to raise additional funds for TNRIS, which will be used to improve access to TNRIS information for the public. By making it easier for donors to present gifts and grants to TNRIS, the board will be following the instructions of Senate Bill 312.

All gifts and grants will be accepted pursuant to Subchapter F of Chapter 353, relating to The Relationship Between the Board and Donors. New §353.101 also allows the executive administrator, with board authorization, to enter a partnership with a private entity in order to accept volunteer workers who will perform labor for TNRIS. This is intended to comply with Texas Water Code §16.021(b). This will allow private entities to lend workers to TNRIS at no charge to the board. This will enable TNRIS to accomplish more work without additional state resources, which will improve access to TNRIS information for the public.

No comments were received on the proposed rules.

The new sections are adopted under the authority of Texas Water Code §6.101 and §16.021.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 16, 2002.

TRD-200200221

Suzanne Schwartz

General Counsel

Texas Water Development Board

Effective date: February 5, 2002

Proposal publication date: November 30, 2001

For further information, please call: (512) 463-7981


Chapter 377. HYDROGRAPHIC SURVEY PROGRAM

31 TAC §377.3, §377.4

The Texas Water Development Board (board) adopts amendments to 31 TAC §377.3 and §377.4 concerning the Hydrographic Survey Program. Section 377.3 and §377.4 are adopted without changes to the proposed text as published in the November 30, 2001 issue of the Texas Register (26 TexReg 9665) and will not be republished. These new sections are adopted in response to Senate Bill 312, 77th Texas Legislature, Regular Session, 2001 and pursuant to the four-year rule review requirement of Texas Government Code §2001.039.

The board adopts amendments to §377.3(a) to comply with the new language of Texas Water Code §15.804, which was amended by Senate Bill 312. This statute originally authorized the board to conduct hydrographic surveys on the request of political subdivisions of the state. Senate Bill 312 amended the law to authorize the board to also conduct hydrographic surveys on the request of political subdivisions and agencies of neighboring states and agencies of the federal government and the State of Texas. The law was also amended to authorize the board to conduct hydrographic surveys in Texas and outside Texas if the information collected will benefit Texas. The board adopts amendments to §377.3 to reflect these changes in the law. The adopted amendments describe which entities can request a hydrographic survey and state that the survey can be performed in Texas or out of Texas if the information collected will benefit Texas.

Senate Bill 312 also amended Texas Water Code §15.804 to state that hydrographic surveys may be performed to collect information relating to water-bearing formations. The board adopts amendments to §377.3(c) to include this new statutory provision. Specifically, the board adds the collection of geohydrologic information to the list of activities that a hydrographic survey may include. This amendment will enable the board to perform studies of water-bearing formations of all types, as encouraged by Senate Bill 312.

Due to the amendments required by Senate Bill 312, the board also amends §377.4. Currently, the hydrographic surveys performed by the board are done on surface water. The adopted addition of the collection of geohydrologic information for other water-bearing formations will allow the board to use processes like drilling to survey formations. The costs and charges involved with surveying surface water are different than those for surveying groundwater. Therefore, the board adopts amendments to §377.4 to state that the executive administrator shall develop and implement, with board approval, as many user charge schedules as necessary. This will allow the executive administrator to develop charge schedules that accurately reflect the charges for specific work being performed.

Lastly, the board amends §377.3(b) to handle the adopted amendments in §377.4. By having different charge schedules for different work, it is desirable to use separate subaccounts within the hydrographic survey account to track the money coming into and going out of the accounts. Separate accounts will enable the board to accurately and more easily track costs and collections for the various work being performed.

No comments were submitted to the board within the prescribed period following the publication of the proposed rules.

The amendments are adopted under the authority of Texas Water Code §6.101 and §15.804.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 16, 2002.

TRD-200200216

Suzanne Schwartz

General Counsel

Texas Water Development Board

Effective date: February 5, 2002

Proposal publication date: November 30, 2001

For further information, please call: (512) 463-7981