Current through Reg. 49, No. 38; September 20, 2024
(a) Once initially
designated, the Board may review and update the boundary designations of FPRs,
as necessary, on its own initiative or upon recommendation of the EA.
(b) If upon FPR boundary designation review
the Board determines that revisions to the boundaries are necessary, the Board
shall designate areas for which RFPs shall be developed, taking into
consideration factors such as:
(1) river basin
and sub-watershed delineations;
(2)
hydraulic features of river basins;
(3) coastal basins and features;
(4) existing FPRs;
(5) development patterns;
(6) public comment; and
(7) other factors the Board deems
relevant.
(c) RFPGs
shall consider and adopt, by two-thirds vote, bylaws that are consistent with
provisions of this chapter, Texas Water Code §
16.062, and Government
Code Chapters 551 and 552. The RFPG shall provide copies of its bylaws and any
revisions thereto to the EA. The bylaws adopted by the RFPG shall at a minimum
address the following elements:
(1) methods of
formation and governance of executive committee, or subcommittees or
subgroups;
(2) definition of a
quorum necessary to conduct business;
(3) methods to approve items of business
including adoption of RFPs or amendments thereto;
(4) methods to name additional voting and
non-voting members;
(5) terms,
conditions, and limits of membership including the terms of member
removal;
(6) any additional notice
provisions that the RFPG chooses to include;
(7) methods to record and preserve
minutes;
(8) methods to resolve
disputes between RFPG members on matters coming before the RFPG;
(9) procedures for handling confidential
information; and
(10) other
procedures deemed relevant by the RFPG.
(d) RFPGs shall at all times maintain each of
the required positions listed below. However, if an FPR does not have an
interest in the category below, then the RFPG shall so advise the Executive
Administrator and an individual member designation may not be required.
(1) Public, defined as those persons or
entities having no economic or other direct interest in the interests
represented by the remaining membership categories;
(2) Counties, defined as the county
governments for the 254 counties in Texas;
(3) Municipalities, defined as governments of
cities created or organized under the general, home-rule, or special laws of
the state;
(4) Industries, such as
corporations, partnerships, sole proprietorships, or other legal entities that
are formed for the purpose of making a profit and that are not small
businesses;
(5) Agricultural
interests, defined as those persons or entities associated with the production
or processing of plant or animal products;
(6) Environmental interests, defined as those
persons or groups advocating for the protection or conservation of the state's
natural resources, including but not limited to soil, water, air, and living
resources;
(7) Small businesses,
defined as corporations, partnerships, sole proprietorships, or other legal
entities that are formed for the purpose of making a profit, are independently
owned and operated, and have either fewer than 500 employees and or less than
$10 million in gross annual receipts;
(8) Electric generating utilities, defined as
any persons, corporations, cooperative corporations, or any combination
thereof, meeting each of the following three criteria: own or operate for
compensation equipment or facilities which produce or generate electricity;
produce or generate electricity for either wholesale or retail sale to others;
and are neither a municipal corporation nor a river authority; this category
may include a transmission and distribution utility;
(9) River authorities, defined as any
districts or authorities created by the legislature that contain areas within
their boundaries of one or more counties and that are governed by boards of
directors appointed or designated in whole or part by the governor, including
without limitation the San Antonio River Authority and the Palo Duro River
Authority;
(10) Flood Districts,
defined as any districts or authorities, created under authority of either the
Texas Constitution, Article III, §52(b)(1) and (2), or Article XVI,
§59 including all Chapter 49 districts, particularly districts with flood
management responsibilities, including drainage districts, levee improvement
districts, but does not include river authorities;
(11) Water Districts, defined as any
districts or authorities, created under authority of either the Texas
Constitution, Article III, §52(b)(1) and (2), or Article XVI, §59
including all Chapter 49 districts, particularly districts with flood
management responsibilities, including municipal utility districts, freshwater
supply districts, and regional water authorities, but does not include drainage
districts, levee improvement districts, river authorities;
(12) Water Utilities, defined as any persons,
corporations, cooperative corporations, or any combination thereof that provide
water supplies for compensation except for municipalities, river authorities,
or water districts; and
(13) The
RFPGs, at their discretion, may include additional voting positions upon a
two-thirds vote of all of the existing voting positions to ensure adequate
representation from the interests in the FPR.
(e) The RFPG shall include the following
non-voting members, as designated by the head of their agencies for paragraphs
(1) - (7) of this subsection and shall receive meeting notifications and
information in the same manner as voting members.
(1) Staff member of the TWDB;
(2) Staff member of the Texas Commission on
Environmental Quality;
(3) Staff
member of the General Land Office;
(4) Staff member of the Texas Parks and
Wildlife Department;
(5) Staff
member of the Texas Department of Agriculture;
(6) Staff member of the State Soil and Water
Conservation Board; and
(7) Staff
member of the Texas Division of Emergency Management.
(f) The RFPG shall include the following
non-voting members who shall receive meeting notifications and information in
the same manner as voting members:
(1)
Non-voting member liaisons designated by each RFPG, as necessary, to represent
portions of major river basins that have been split into more than one FPR to
coordinate between the upstream and downstream FPRs located within that same
river basin. This non-voting member liaison may, at the discretion of the RFPG,
be met by a voting member that also meets another position requirement under
subsection (d) of this section; and
(2) For FPRs that touch the Gulf Coast,
member liaisons designated by each RFPG representing coastal portions of FPRs
to coordinate with neighboring FPRs along the Gulf Coast. This non- voting
position member liaison may, at the discretion of the RFPG, be met by a voting
member that also meets another position requirement under subsection (e) of
this section.
(g) Each
RFPG shall consider including a non-voting position to represent regional or
local transportation authorities for example, from the Texas Department of
Transportation, who shall receive meeting notifications and information in the
same manner as voting members.
(h)
Each RFPG shall provide a current list of its voting and non-voting positions
to the EA; the list shall identify each position required under subsection (e)
as well as any other positions added by the RFPG and the individual member name
that fills each position.
(i) Each
RFPG, at its discretion, may at any time add additional voting and non-voting
positions to serve on the RFPG including any new interest category in
accordance with subsection (d)(13) of this section, including any additional
state or federal agencies, and additional representatives of those interests
already listed in, and as limited by, subsection (e) of this section that the
RFPG considers appropriate for development of its RFP. Adding any new voting
position that increases the total number of voting positions may only occur
upon a two-thirds vote of all voting positions.
(j) Each RFPG, at its discretion, may remove
individual voting or non-voting positions, other than those listed under
subsection (e)(1) - (7) of this section, or eliminate positions in accordance
with the RFPG bylaws as long as minimum requirements of RFPG membership are
maintained in accordance with subsections (d) and (f) of this
section.
(k) RFPGs may enter into
formal and informal agreements to coordinate, avoid affecting neighboring
areas, and share information with other RFPGs or any other interests within any
FPR for any purpose the RFPGs consider appropriate including expediting or
making more efficient planning efforts.
