Texas : 2013 Regular Session : BILL SB671

Bill summary

• What it means: This bill concerns the deregulation of weather modification operations, appearing to centralize certain administrative aspects back to the state level (Texas Department of Licensing and Regulation, or TDLR) while eliminating many of the specific regulatory requirements implemented by the counties in 2011. • What laws are being introduced/amended: ◦ The bill defines "Department" as the Texas Department of Licensing and Regulation (TDLR) and specifies that the TDLR administers the "Weather modification and control program". ◦ TDLR is given the authority to adopt rules and establish standards to minimize danger to health or property. ◦ It introduces regional planning for weather modification: regional planning commissions, councils of governments, or similar agencies may coordinate operations. A person may not engage in weather modification in an area where the applicable regional body has not coordinated operations. ◦ An operation conducted under this chapter is specifically declared not to be an ultrahazardous activity that subjects participants to liability without fault. ◦ The bill repeals several major subchapters (C, D, E, and F) of Chapter 301, Agriculture Code, which contained detailed county-level provisions regarding licensing, permits, elections, and enforcement. ◦ The TDLR is prohibited from instituting new civil penalties under Section 301.201 on or after the effective date of the Act, and pending penalty actions are dismissed. ◦ The Act would have took effect on September 1, 2013.

History

The bill was filed on 19th February 2013 and received by the Secretary of the Senate on the same day. It was read for the first time and subsequently referred to the Agriculture, Rural Affairs & Homeland Security committee on 25th February 2013. As the bill is still in the early stages of the legislative process, its next steps will include discussions and potential amendments within the committee before it can advance to further readings or votes in the Senate. There is no indication at this time that the bill has failed or passed.

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

Supplementary documents

No supplementary documents available

Bill text

Texas : 2013 Regular Session : BILL SB671
Relating to the deregulation of weather modification operations.

83R7758 AED-F

By: Carona S.B. No. 671

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.
© 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. [(a)] 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.