Tex. Water Code § 15.009 — TX Code / Code wa / Chapter 15 / Section 15.009
§ 15.009. TEXAS WATER FUND ADVISORY COMMITTEE.
Status: in_force

(a) The Texas Water Fund Advisory Committee is composed of the following eight members:

(1) the comptroller, or a person designated by the comptroller;

(2) the director of the Texas Division of Emergency Management or the successor in function to that entity, or a person designated by that person;

(3) the chair of the committee of the senate having primary jurisdiction over water resources;

(4) the chair of the committee of the house of representatives having primary jurisdiction over water resources;

(5) two members of the senate appointed by the lieutenant governor, including at least one member of the committee of the senate having primary jurisdiction over matters relating to finance; and

(6) two members of the house of representatives appointed by the speaker of the house of representatives, including at least one member of the committee of the house of representatives having primary jurisdiction over appropriations.

(b) The board shall designate agency personnel to serve as staff support for the advisory committee.

(c) A member of the advisory committee designated under Subsection (a)(1) or (2) or appointed under Subsection (a)(5) or (6) serves at the will of the person who designated or appointed the member.

(d) The members of the advisory committee described by Subsections (a)(3) and (4) serve as co-presiding officers of the committee.

(e) The advisory committee may hold public hearings, formal meetings, or work sessions. Either co-presiding officer of the advisory committee may call a public hearing, formal meeting, or work session of the advisory committee at any time. The advisory committee may not take formal action at a public hearing, formal meeting, or work session unless a quorum of the committee is present.

(f) Except as otherwise provided by this subsection, a member of the advisory committee is not entitled to receive compensation for service on the committee or reimbursement for expenses incurred in the performance of official duties as a member of the committee. Service on the advisory committee by a member of the senate or house of representatives is considered legislative service for which the member is entitled to reimbursement and other benefits in the same manner and to the same extent as for other legislative service.

(g) The advisory committee may submit comments and recommendations to the board regarding the use of money in:

(1) the state water implementation fund for Texas established under Subchapter G for use by the board in adopting rules under Section 15.439 and in adopting policies and procedures under Section 15.441;

(2) the Texas water fund established under Subchapter H-1 for use by the board in adopting rules under Section 15.507;

(3) the flood infrastructure fund established under Subchapter I for use by the board in adopting rules under Section 15.537; and

(4) the Texas infrastructure resiliency fund established under Section 16.452 for use by the board in adopting rules under Section 16.460.

(h) The advisory committee shall review the overall operation, function, and structure of each fund listed in Subsection (g) at least semiannually.

(i) The advisory committee may:

(1) provide comments and recommendations to the board on any matter;

(2) review the overall operation, function, and structure of any fund established under this chapter or Chapter 16 that is not listed in Subsection (g); and

(3) adopt rules, procedures, and policies as needed to administer this section and implement its responsibilities.

(j) Chapter 2110, Government Code, does not apply to the size, composition, or duration of the advisory committee.

(k) The advisory committee is not subject to Chapter 325, Government Code (Texas Sunset Act).

(l) The advisory committee may make recommendations to the board regarding information to be posted on the board's Internet website relating to the funds listed in Subsection (g).

(m) The advisory committee shall evaluate and may provide comments or recommendations on the feasibility of the state owning, constructing, and operating water supply projects, including reservoirs and major water supply conveyance infrastructure, through existing financial assistance programs under Subchapter E of this chapter, Subchapter E or F, Chapter 16, or other mechanisms.

(n) The executive administrator shall provide an annual report to the advisory committee on:

(1) the board's compliance with statewide annual goals relating to historically underutilized businesses; and

(2) the participation level of historically underutilized businesses in projects that receive funding related to a bond enhancement agreement under Subchapter G.

(o) If the aggregate level of participation by historically underutilized businesses in projects that receive funding related to a bond enhancement agreement under Subchapter G does not meet statewide annual goals adopted under Chapter 2161, Government Code, the advisory committee shall make recommendations to the board to improve the participation level.

(p) Notwithstanding Section 552.008, Government Code, the advisory committee may access all records that relate to the administration of the funds described in this section that are maintained by any entity under contract with the board.

(q) The board, by providing information under this section that is confidential or otherwise excepted from required disclosure under law, does not waive or affect the confidentiality of the information for purposes of state or federal law or waive the right to assert exceptions to required disclosure of the information in the future. The board may require the requesting individual member of the advisory committee, the requesting advisory committee, or the members or employees of the advisory committee who will view, handle, or retain information that is received under this section and that is confidential under law to sign a confidentiality agreement that covers the information and requires that the information:

(1) not be disclosed to anyone but other members of the advisory committee;

(2) not be disclosed to another member of the advisory committee for purposes other than the purpose for which it was received;

(3) be labeled as confidential;

(4) be kept securely; and

(5) be controlled, such that all copies of the information or notes taken from the information that implicate the confidential nature of the information that are not destroyed or returned to the board remain confidential and subject to the confidentiality agreement.