Texas : 2013 Regular Session : BILL SB671
Relating to the deregulation of weather modification operations.
Sponsor: Sen John Carona
Bill Details
Relating to the deregulation of weather modification operations.
GeoLawWatch Bill Summary
SB 671 takes a significantly different approach than the 2011 companion bills. Rather than transferring licensing authority to counties, it eliminates the licensing requirement entirely while creating a new regional coordination framework.
Core Deregulation: The bill eliminates the statewide licensing and permitting program administered by TDLR. Subchapters C (Licenses and Permits), D (Election for Approval of Permit that Includes Authorisation for Hail Suppression), E (Sanctions), and F (Revocation and Suspension of Permit) are all repealed.
New Regional Coordination Requirement: Weather modification activities may only occur in areas where a regional planning commission, council of governments, or similar regional planning agency created under Chapter 391, Local Government Code, has coordinated weather modification operations. Practitioners must comply with any plans or recommendations adopted by these regional bodies. This effectively creates a geographic prohibition: if no regional body has established coordination, weather modification cannot occur in that territory.
Retained State Authority: Unlike the 2011 bills that transferred all authority to counties, SB 671 retains TDLR's ability to adopt rules for general standards and to conduct studies, but strips its authority to issue licenses, permits, conduct investigations, or hold hearings.
Legal Liability Changes: The bill removes the evidentiary protection previously afforded to permit holders. Under prior law, holding a license or permit could not be used as evidence in legal proceedings; this protection is eliminated.
Enforcement Transition: TDLR cannot institute new penalties after the effective date. Pending penalty actions are automatically dismissed, though final decisions already entered remain in effect.
Unusual Provisions: The regional planning commission framework is notable—these are intergovernmental coordination bodies typically focused on transportation, economic development, and land-use planning, rather than regulatory enforcement. The bill provides no mechanism for regional bodies to enforce compliance, creating a curious hybrid in which coordination is required but enforcement is absent.
History
SB 671 was filed by Senator John Carona on February 19, 2013, marking his second attempt at weather modification deregulation following the unsuccessful 2011 effort. The bill received its first reading on February 25, 2013, and was referred to the Senate Committee on Agriculture, Rural Affairs and Homeland Security, a different committee assignment than the 2011 Senate companion, which went to Intergovernmental Relations.
The committee assignment to Agriculture, Rural Affairs and Homeland Security reflects the agricultural applications of cloud seeding in Texas, though the Intergovernmental Relations committee used in 2011 was arguably equally appropriate given the regional coordination framework. The bill did not advance beyond committee referral during the 2013 session.
- Tue 19 Feb 2013 Received by the Secretary of the Senate
- Tue 19 Feb 2013 Filed
- Mon 25 Feb 2013 Read first time
- Mon 25 Feb 2013 Referred to Agriculture, Rural Affairs & Homeland Security
Consolidated Bill Text
A BILL TO BE ENTITLED AN ACT relating to the deregulation of weather modification operations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 301.001, Agriculture Code, is amended by amending Subdivisions (1) and (5) and adding Subdivision (1-a) to read as follows:
(1) "Department" means the Texas Department of Licensing and Regulation.
(1-a) "Executive director" means the executive director of the department.
(5) "Weather modification and control program" means the research, development, and other associated activities to be administered by the department.
SECTION 2. Subchapter A, Chapter 301, Agriculture Code, is amended by adding Sections 301.002 and 301.003 to read as follows:
Sec. 301.002. REGIONAL PLANNING OF WEATHER MODIFICATION. (a) A regional planning commission, council of governments, or similar regional planning agency created under Chapter 391, Local Government Code, may coordinate weather modification operations in the territory of the commission, council, or agency and with other commissions, councils, or agencies.
(b) A person who engages in activities for weather modification and control must be in compliance with any plans or recommendations adopted in accordance with Subsection (a) by the commission, council, or agency.
(c) A person may not engage in activities for weather modification and control in an area where the applicable commission, council, or agency has not coordinated weather modification operations as provided by Subsection (a).
Sec. 301.003. APPLICATION OF CERTAIN LAW. Section 51.202, Occupations Code, does not apply to the department in the administration of this chapter.
SECTION 3. Section 301.051, Agriculture Code, is amended to read as follows:
Sec. 301.051. RULES. The department may adopt rules necessary to:
(1) exercise the powers and perform the duties under this chapter; and
(2) establish standards and instructions to govern the carrying out of research or projects in weather modification and control that the department considers necessary or desirable to minimize danger to health or property.
SECTION 4. Section 301.052, Agriculture Code, is amended to read as follows:
Sec. 301.052. STUDIES. The department may make any studies or obtain any information necessary or proper to administer this chapter.
SECTION 5. The heading to Subchapter G, Chapter 301, Agriculture Code, is amended to read as follows:
SUBCHAPTER G. IMMUNITY
SECTION 6. Section 301.302, Agriculture Code, is amended to read as follows:
Sec. 301.302. PRIVATE LEGAL RELATIONSHIPS. This chapter does not affect private legal relationships, except that an operation conducted under this chapter is not an ultrahazardous activity that makes the participants subject to liability without fault.
SECTION 7. The following provisions of the Agriculture Code are repealed:
(1) Section 301.060; and
(2) Subchapters C, D, E, and F, Chapter 301.
SECTION 8. The Texas Department of Licensing and Regulation may not institute a penalty under Section 301.201, Agriculture Code, on or after the effective date of this Act. If on the effective date of this Act a penalty under Section 301.201, Agriculture Code, is pending, the action is dismissed on that date. However, a final decision or an order for a penalty under Section 301.201, Agriculture Code, that exists on the effective date of this Act is unaffected by this Act.
SECTION 9. The changes in law made by this Act to Section 301.302, Agriculture Code, do not affect any suit, proceeding, or appeal pending on the effective date of this Act. A suit, proceeding, or appeal pending on the effective date of this Act is governed by the law in effect on the date the suit, proceeding, or appeal was filed, and the former law is continued in effect for that purpose.
SECTION 10. This Act takes effect September 1, 2013.
Supplementary documents
BILL ANALYSIS
Senate Research Center
S.B. 671
83R7758 AED-F
By: Carona
Agriculture, Rural Affairs & Homeland Security
3/14/2013
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In Texas, cloud seeding and related techniques referred to as "weather modification" are used to encourage rain. Pursuant to Chapter 301 (Weather Modification and Control), Agriculture Code, anyone who participates in weather modification must obtain a license from the Texas Department of Licensing and Regulation (TDLR). However, the need for this licensing program has come into question.
Currently the licensed population of weather modification practitioners is extremely small at approximately 18 participants. In addition, TDLR has opened only two enforcement actions against weather modification practitioners over the program's history. Lastly, although the program allowed TDLR to apply for federal weather modification funding in the past, such funding has ceased, and if it were to begin again, could be diverted directly to local governments where weather modification occurs. Given these facts, the statewide licensing program applicable to weather modification is an inefficient use of state resources.
S.B. 671 repeals the statewide weather modification licensing program that is currently overseen by TDLR. In its stead, S.B. 671 allows local governmental bodies to coordinate weather modification initiatives in their jurisdictions. Because a rogue weather modification practitioner could create public welfare hazards for a neighboring environment, S.B. 671 limits weather modification activities to areas where the applicable local government has provided oversight of the activity.
Although S.B. 671 repeals TDLR's licensing program applicable to weather modification practitioners, it retains TLDR's ability to adopt rules, conduct studies, and "establish standards and instructions to govern the carrying out of research or projects in weather modification." These provisions are designed to ensure that TLDR can provide a minimum level of oversight with regard to weather modification standards throughout the state.
As proposed, S.B. 671 amends current law relating to the deregulation of weather modification operations.
RULEMAKING AUTHORITY
Rulemaking authority previously granted to the Texas Department of Licensing and Regulation (TDLR) is modified in SECTION 3 (Section 301.051, Agriculture Code) of this bill.
Rulemaking authority previously granted to TDLR is rescinded in SECTION 4 (Section 301.052, Agriculture Code), SECTION 6 (Section 301.302, Agriculture Code), and SECTION 7 (Sections 301.102, 301.151, 301.254, and 301.255, Agriculture Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 301.001, Agriculture Code, by amending Subdivisions (1) to define "department," adding Subdivision (1-a) to redefine "executive director," and amending Subdivision (5) to redefine "weather modification and control program."
SECTION 2. Amends Subchapter A, Chapter 301, Agriculture Code, by adding Sections 301.002 and 301.003, as follows:
Sec. 301.002. REGIONAL PLANNING OF WEATHER MODIFICATION. (a) Authorizes a regional planning commission, council of governments, or similar regional planning agency created under Chapter 391 (Regional Planning Commissions), Local Government Code, to coordinate weather modification operations in the territory of the commission, council, or agency and with other commissions, councils, or agencies.
(b) Requires a person who engages in activities for weather modification and control to be in compliance with any plans or recommendations adopted in accordance with Subsection (a) by the commission, council, or agency.
(c) Prohibits a person from engaging in activities for weather modification and control in an area where the applicable commission, council, or agency has not coordinated weather modification operations as provided by Subsection (a).
Sec. 301.003. APPLICATION OF CERTAIN LAW. Provides that Section 51.202 (Fees), Occupations Code, does not apply to TDLR in the administration of this chapter.
SECTION 3. Amends Section 301.051, Agriculture Code, as follows:
Sec. 301.051. RULES. Authorizes the Texas Department of Licensing and Regulation (TDLR) to adopt rules necessary to exercise the powers and perform the duties under this chapter and establish standards and instructions to govern the carrying out of research or projects in weather modification and control that TDLR considers necessary or desirable to minimize danger to health or property. Deletes existing text authorizing TDLR to adopt rules necessary to establish procedures and conditions for the issuance of licenses and permits under this chapter.
SECTION 4. Amends Section 301.052, Agriculture Code, as follows:
Sec. 301.052. New heading: STUDIES. Authorizes TDLR to make any studies or investigations, obtain information necessary or proper to administer this chapter. Deletes existing text authorizing TDLR to make any studies or investigations, obtain any information, and hold any hearings necessary or proper to administer or enforce this chapter or any rules or orders issued under this chapter.
SECTION 5. Amends the heading to Subchapter G, Chapter 301, Agriculture Code, to read as follows:
SUBCHAPTER G. IMMUNITY
SECTION 6. Amends Section 301.302, Agriculture Code, as follows:
Sec. 301.302. PRIVATE LEGAL RELATIONSHIPS. Provides that this chapter does not affect private legal relationships, except that an operation conducted under this chapter, rather than under the license and permit requirements of this chapter, is not an ultrahazardous activity that makes the participants subject to liability without fault. Deletes existing Subsection (a) designation and existing Subsection (b) prohibiting the fact that a person holds a license or permit under this chapter or that the person has complied with this chapter or the rules issued under this chapter from being admissible as evidence in any legal proceeding brought against the person.
SECTION 7. Repealer: Section 301.060 (Disposition of License and Permit Fees), Agriculture Code.
Repealers: Subchapters C (Licenses and Permits), D (Election for Approval of Permit that Includes Authorization for Hail Suppression), E (Sanctions), and F (Revocation and Suspension of Permit), Chapter 301, Agriculture Code.
SECTION 8. Prohibits TDLR from instituting a penalty under Section 301.201 (Penalties), Agriculture Code, on or after the effective date of this Act. Provides that if, on the effective date of this Act, a penalty under Section 301.201, Agriculture Code, is pending, the action is dismissed on that date. Provides, however, that a final decision or an order for a penalty under Section 301.201, Agriculture Code, that exists on the effective date of this Act is unaffected by this Act.
SECTION 9. Provides that the changes in made by this Act to Section 301.302, Agriculture Code, do not affect any suit, proceeding, or appeal pending on the effective date of this Act. Provides that a suit, proceeding, or appeal pending on the effective date of this Act is governed by the law in effect on the date of the suit, proceeding, or appeal was filed, and the former law is continued in effect for that purpose.
SECTION 10. Effective date: September 1, 2013.
FISCAL NOTE
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
March 16, 2013
TO: Honorable Craig Estes, Chair, Senate Committee On Agriculture, Rural Affairs & Homeland Security
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: SB671 by Carona (Relating to the deregulation of weather modification operations.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Agriculture Code relating to the deregulation of weather modification operations.
Based on information provided by the Department of Licensing and Regulation (TDLR) it is assumed that an insignificant revenue loss would be realized with the implementation of the bill due to approximately 10 permit fees not being collected each fiscal year. Also based on information provided by TDLR, it is assumed that all duties and responsibilities necessary to implement the provisions of the bill could be accomplished within existing resources.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies: 452 Department of Licensing and Regulation
LBB Staff: UP, SZ, MW, CWS