85th Texas Legislature Interim Committee Charges

The various committees within the Texas Senate and House of Representatives are charged with interim duties that they must address between the biennial regular legislative sessions. The 85th Texas Legislature assigned the following interim charges to multiple committees concerning the environment in the state of Texas. This year, many of these interim charges concern the response to natural disasters, such as Hurricane Harvey, in order to better prepare the state for future natural disasters. Other notable interim charges include studying the effects of declining migratory species, identifying methods for the early detection of invasive organisms, evaluating the flood risk in unincorporated rural and suburban areas, examining how emergency alert systems related to hazardous releases are organized, and reviewing local and state zoning and land use regulations. The entire list of the interim committee charges for the Texas House of Representatives can be found at www.house.texas.gov, and for the Texas Senate at www.ltgov.state.tx.us (Round 1, Round 2, issued October 2017).

Texas Senate Interim Charges

• Senate Committee on Agriculture, Water & Rural Affairs:
  • Streamlining Water Permitting: Study and recommend changes that promote streamlining of water right permit issuance and the amendment process by the TCEQ for surface water, and that promote uniform and streamline permitting by groundwater conservation districts for groundwater. Evaluate more transparent process needs and proper valuation of water.
  • Regulatory Framework of Groundwater Conservation Districts and River Authorities: Study and make recommendations on the regulatory framework for managing groundwater in Texas to ensure that private property rights are being sufficiently protected. Study the role of river authorities and groundwater conservation districts including the state’s oversight role of their operations and fees imposed.
  • Hurricane Harvey Response: (1) Study and make recommendations on how to move forward with water infrastructure projects in the State Water Plan that will help mitigate floods through flood control, diversion, and storage projects. Evaluate plans for a possible third reservoir in addition to Addicks and Barker to control and alleviate additional flooding in the region. Additionally, review the current status of reservoir projects in Texas. Examine opportunities for coordination between federal and state agencies to develop flood mitigation infrastructure, and the ongoing maintenance and restoration of critical dam infrastructure. (2) Study and identify ways to improve the capacity and maintain the structure of the Addicks and Barker Reservoirs. Report on mechanisms that would ensure the public has access to timely and transparent release figures from reservoirs across the state. (3) Evaluate current data-sharing standards for rainfall and stream gauges and whether regional flood management projects and flood warnings should be hosted in a centralized location, such as a state agency web page. Determine whether a statewide real-time flood warning system could be developed and coordinated through mobile devices, TxDOT electronic signage, communication devices and whether existing local and regional forecasting infrastructure could be integrated into a centralized inclement weather forecasting system.
• Senate Committee on Natural Resources & Economic Development:
  • Environmental Safety: Study the strategies and best practices for ensuring environmental safety during maintenance, startup, and shutdown activities due to emergencies. Recommend actions to improve safety without compromising compliance or penalizing good actors.
  • Waste Disposal Regulation: Study the permitting and compliance processes for waste disposal and processing, including evaluating the criteria for approval, denial, and application return. Make recommendations for improving and streamlining the permitting and compliance processes while maximizing public participation for effective outreach and education. Review the allocation of the Municipal Solid Waste disposal fees and make recommendations regarding allocation methods to adequately support existing programs.

Texas House Interim Charges

• House Committee on Agriculture & Livestock:
  • Review the Texas Department of Agriculture’s and the Texas Animal Health Commission’s role in the response to Hurricane Harvey. Examine the short-term and long-term economic and agricultural impacts to producers in the agriculture and livestock industries in Texas as a result of Harvey. Identify ways to mitigate the impact and prevent substantial losses from Harvey and future natural disasters.
  • Study the Texas olive and olive oil industry. Provide suggestions to improve, promote, and standardize the industry. Examine current policy related to the industry and examine factors such as research, marketing, labeling, standards, data collection, and the necessity of creating a commodity board or similar type of organization.
  • Review the Texas Department of Agriculture’s Seed Certification Program and related areas. Consider any benefits or drawbacks to privatizing the program through a nonprofit crop improvement association.
  • Study the effects of declining migratory species, such as the monarch butterfly, as well as native and domesticated bee populations on agricultural production and its economic impact on the state. Identify possible causes of the population changes and monitor national trends. Make recommendations on how to improve and promote monarch butterfly and bee populations and habitats in the state. (Joint charge with the House Committee on Culture, Recreation & Tourism)
  • Identify methods for the early detection of exotic invasive organisms that could threaten the production of agricultural crops, such as cotton, in Texas.
  • Evaluate the uses of industrial hemp and the economic feasibility of developing an industrial hemp market under existing or future state and federal regulations. Examine the processing and manufacturing process requirements of multiple bi-products, including feed, food, fiber, cosmetics, supplements, and building materials.
• House Committee on Appropriations:
  • Examine the use of federal funds by state agencies responding to the effects of Hurricane Harvey and identify opportunities to maximize the use of federal funds to reduce the impact of future natural disasters. Also, identify the need for state resources to respond to Harvey relief and recovery efforts, as well as opportunities for state investment in infrastructure projects that will reduce the impact of future natural disasters.
• House Committee on County Affairs:
  • Examine how emergency response activities are organized, funded, and coordinated. Review the impact of natural disasters on county finances. Identify any deficiencies in authority for the most populous counties related to infrastructure planning, emergency response, and recovery. Explore ways to improve efficiencies and manage costs while protecting public safety. Additionally, study the relationship between the state, counties, non-governmental organizations, and churches in preparing for and responding to Hurricane Harvey and its aftermath, and determine if preparedness plans are adequate.
  • Evaluate whether counties have the necessary ordinance-making and enforcement authority to deal with flood risk in unincorporated rural and suburban areas of Texas. Additionally, examine whether counties have adequate resources and authority to ensure that new development in unincorporated areas is not susceptible to flooding.
• House Committee on Culture, Recreation & Tourism:
  • Review the Texas Parks and Wildlife Department’s and the Texas Historical Commission’s roles in the response to Hurricane Harvey. Evaluate the economic, recreational, and biological impacts and needed repairs from Harvey as they relate to applicable state agencies and the following areas and industries under the purview of the Committee: (1) State parks, (2) Wildlife and fish, (3) Historic sites and buildings, (4) Art and cultural resources, (5) Travel and tourism, (6) In addition, provide recommendations on how to allow for a timely recovery of these areas from Harvey, and how to mitigate the impact of, and adequately prepare for, future natural disasters.
• House Committee on Energy Resources:
  • Examine the Railroad Commission of Texas’ (RRC) response to Hurricane Harvey. Study whether current state rules and regulations are sufficient to protect the public, natural resources, environment, infrastructure, and industrial facilities from damage caused by natural disasters. Evaluate options to ensure the availability of fuel reserves for first responders during natural disasters.
  • Evaluate the evolution of frac sand mining in the Permian Basin and how it may impact county infrastructure and oil and gas development. Develop possible recommendations that could assist counties with frac sand mining to better prepare the area for the entrance of this new industry.
  • Examine how commercial wind energy facilities are decommissioned and whether current statutes adequately protect the rights of wind facility landowners.
  • Evaluate the impact energy exploration and production have on state and county roads and make recommendations on how to improve road quality in areas impacted by these activities. (Joint charge with the House Committee on Transportation)
• House Committee on Environmental Regulation:
  • Examine the Texas Commission on Environmental Quality’s (TCEQ) response and clean-up efforts related to Hurricane Harvey. Study whether current air, water, waste, and wastewater rules and regulations adequately protect the public, natural resources, environment, infrastructure, residential areas, and industrial facilities from damage caused by natural disasters. Evaluate the debris cleanup and removal process and whether current rules and regulations are effective in expediting cleanup efforts. Make recommendations on how natural disaster responses can be improved.
  • Examine how emergency alert systems related to hazardous and chemical releases are organized at the local, state, and federal level and explore ways to improve coordination and efficiencies. Develop recommendations to improve notifications to first responders and the public.
  • Study the permitting, siting, and regulatory processes for solid waste landfills, including municipal solid waste landfills, and whether current rules, regulations, and notice requirements adequately ensure compliance and maximize participation from the public and stakeholders.
  • Study the economic impact of the National Ambient Air Quality Standards (NAAQS) and determine if new technologies can be utilized to meet attainment or make an attainment demonstration for all current standards.
•  House Committee on Land & Resource Management:
  • Review the General Land Office’s (GLO) role and efforts during the recovery period following Hurricane Harvey. Examine the state’s readiness and protocols in response to storm-related natural disasters. Provide an assessment of public lands and make recommendations on future and ongoing mitigation strategies regarding state assets.
  • Review local and state zoning and land use regulations. Determine if current rules provide an adequate balance of disaster preparedness and deference to private property rights.
• House Committee on Special Purpose Districts:
  • Evaluate the impact of Hurricane Harvey on residential communities within special purpose districts and districts’ capacity to respond. Review the role and adequacy of the districts in emergency preparedness and response. Make recommendations for strengthening districts’ emergency operations.
  • Review the statutes and procedures related to state approval and oversight of water district bonds that finance utility, infrastructure, and other projects. Identify opportunities for improving the state’s oversight of bond issuance and make recommendations for statutory changes.
• House Committee on State Affairs: 
  • Evaluate the durability and reliability of energy efficient buildings and facilities during natural disasters.