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Texas Agriculture Archive

June 6, 2003

Legislation filed earlier this session by Sen. Kip Averitt to address his concerns with the Texas State Soil and Water Conservation Board's (TSSWCB) ability to get program dollars "on the ground" has passed the Texas House. The bill's (S.B. 1828) original version would have given the Commissioner of Agriculture oversight of the board.

After significant opposition from the Texas Farm Bureau and members of local soil and water conservation districts, Sen. Averitt agreed to develop a compromise. The senator met with leaders from the Association of Soil and Water Conservation Districts to work on changes to the bill. Although the leadership of the association ultimately supported S.B. 1828, Texas Farm Bureau maintained its opposition. Texas Farm Bureau policy supports the board as it is presently constituted.

The bill increases the number of board members on the state board from five to seven by requiring the governor to appoint two additional board members. The other five members will continue to be elected from five geographic areas of the state. Neither of the two gubernatorial appointed members can serve as chairman. Each will have to derive at least 51 percent of his or her income from an agriculture-related business and own or lease land for that business. The appointees cannot be members of a board of a conservation district.

In addition to the new members of the board, S.B. 1828 requires the board to report twice a year on the status of its activities, including outreach, grants, federal funding, special projects, and oversight of districts.

The board will continue to administer the brush-control program with the assistance of local districts. It will consult with the Texas Water Development Board regarding the program's effects on water quality and agriculture. The state brush-control plan, under its direction, will include a strategy for managing brush in all areas of the state and will rank various areas of the state by need for brush control.

The state's share of brush-control project was reduced to 70 percent of the total cost, rather than 80 percent, as in current law. A political subdivision would be eligible for cost sharing, but the state's share can not exceed 50 percent of the cost of a single project. The legislation allows the state to pay 100 percent of a project on public lands. The bill also repeals a current restriction that limits cost sharing to projects in critical areas and using approved methods of brush control.

Before approving an application for a project, the board must determine that the project has a higher priority than other proposed projects. If demands for funding is greater than the amount of funds available, the board must establish priorities favoring areas with the most critical needs and projects most likely to produce water conservation.

The legislature will continue to review the activities of the board during the next two years.