This section creates a drought preparedness council, assigns drought response duties, and requires counties and affected water-plan holders to give notice and implement plans after a drought disaster declaration.
Sec. 16.055. DROUGHT RESPONSE PLAN. (a) The chief of the Texas Division of Emergency Management is the state drought manager. The state drought manager is responsible for managing and coordinating the drought response component of the state water plan. (b) The drought preparedness council is created and shall meet as necessary to carry out the provisions of this section. The council is composed of one representative from each of the following entities, appointed by the administrative head of that entity: (1) the Texas Division of Emergency Management; (2) the board; (3) the commission; (4) the Parks and Wildlife Department; (5) the Department of Agriculture; (6) the Texas A&M AgriLife Extension Service; (7) the State Soil and Water Conservation Board; (8) the Texas Department of Housing and Community Affairs; (9) the Texas A&M Forest Service; (10) the Texas Department of Transportation; (11) the Texas Department of Economic Development; (12) the Public Utility Commission of Texas; (13) the independent organization certified under Section 39.151, Utilities Code, for the ERCOT power region; and (14) a representative of groundwater management interests who is appointed by the governor. (c) The governor may designate any other person or a representative of any other entity to serve on the drought preparedness council. (d) The state drought manager shall serve as chair of the drought preparedness council. (e) The drought preparedness council shall be responsible for: (1) the assessment and public reporting of drought monitoring and water supply conditions; (2) advising the governor on significant drought conditions; (3) recommending specific provisions for a defined state response to drought-related disasters for inclusion in the state emergency management plan and the state water plan; (4) advising the regional water planning groups on drought-related issues in the regional water plans; (5) ensuring effective coordination among state, local, and federal agencies in drought-response planning; and (6) reporting to the legislature, not later than January 15 of each odd-numbered year, regarding significant drought conditions in the state. (f) In performing its duties under this section, the drought preparedness council shall consider the following factors when determining whether a drought exists for the purposes of this section: (1) meteorological conditions and forecasts; (2) hydrological conditions and forecasts; (3) water use and demand forecasts; (4) water supply conditions and forecasts; (5) the potential impacts of the water shortage on: (A) the public health, safety, and welfare; (B) economic development; and (C) agricultural and natural resources; and (6) other factors deemed appropriate by the council. (g) Immediately upon the declaration under Section 418.014 or 418.108, Government Code, of a state of disaster in a county due to drought conditions, the county shall: (1) publish notice of the declaration of the state of disaster in one or more newspapers having general circulation in the county; and (2) give notice of the declaration of the state of disaster to: (A) the chairman of the regional water planning group in which the county is located; and (B) each person or entity located in the county that is required to develop a water conservation plan under Section 11.1271 or a drought contingency plan under Section 11.1272. (h) On receipt of the notice under Subsection (g)(2)(B), the person or entity shall immediately implement the person's or entity's water conservation plan and drought contingency plan, as applicable. (i) Nothing in this section prevents a political subdivision or a person or entity required to develop a water conservation plan under Section 11.1271 or a drought contingency plan under Section 11.1272 from implementing water conservation measures. (j) The board may notify the commission if the board determines that a person or entity has violated Subsection (h). Notwithstanding Section 7.051(b), a violation of Subsection (h) is enforceable in the manner provided by Chapter 7 for a violation of a provision of this code within the commission's jurisdiction or of a rule adopted by the commission under a provision of this code within the commission's jurisdiction. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977; Acts 1997, 75th Leg., ch. 1010, Sec. 1.02, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 979, Sec. 7, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 1273, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 2B.10, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 557 (S.B. 662), Sec. 1, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1094 (H.B. 3604), Sec. 1, eff. September 1, 2013.