CHAPTER 8. MULTI-STATE WATER RESOURCES PLANNING COMMISSION

WATER CODE

TITLE 2. WATER ADMINISTRATION

SUBTITLE A. EXECUTIVE AGENCIES

CHAPTER 8. MULTI-STATE WATER RESOURCES PLANNING COMMISSION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Multi-State Water Resources Planning

Commission.

(2) "Commissioner" means a member of the commission.

(3) "Board" means the Texas Water Development Board.

Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1,

1985. Renumbered from Sec. 6.001 by Acts 1987, 70th Leg., ch.

167, Sec. 5.01(a)(54) eff. Sept. 1, 1987. Renumbered from Sec.

6.001 and amended by Acts 1987, 70th Leg., ch. 977, Sec. 2, eff.

June 19, 1987.

SUBCHAPTER B. ORGANIZATIONAL AND ADMINISTRATIVE PROVISIONS

Sec. 8.011. CREATION OF COMMISSION. The Multi-State Water

Resources Planning Commission is created as an agency of the

state.

Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1,

1985. Renumbered from Sec. 6.011 by Acts 1987, 70th Leg., ch.

167, Sec. 5.01(a)(54) eff. Sept. 1, 1987.

Sec. 8.013. MEMBERS OF COMMISSION; APPOINTMENT. (a) The

commission is composed of seven commissioners who are appointed

by the governor with the advice and consent of the senate.

(b) The governor shall make the appointments so that each member

is from a different section of the state.

(c) Three commissioners must be members of the general public,

one commissioner must have a background in the field of higher

education, one commissioner must have a background in private

business, one commissioner must have a background in agriculture,

and one commissioner must have a background in an energy-related

field.

Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1,

1985. Renumbered from Sec. 6.013 by Acts 1987, 70th Leg., ch.

167, Sec. 5.01(a)(54), eff. Sept. 1, 1987. Amended by Acts 2003,

78th Leg., ch. 1170, Sec. 46.01, eff. Sept. 1, 2003.

Sec. 8.014. OFFICERS OF THE STATE; OATH. Each commissioner is

an officer of the state as that term is used in the constitution,

and each commissioner shall qualify by taking the official oath

of office.

Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1,

1985. Renumbered from Sec. 6.014 by Acts 1987, 70th Leg., ch.

167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.

Sec. 8.015. TERMS OF OFFICE. (a) Commissioners hold office for

staggered terms of six years, with the terms of two or three

commissioners expiring on February 1 of each odd-numbered year.

(b) Each commissioner holds office until his successor is

appointed and has qualified for office.

(c) If a vacancy occurs in the office of commissioner, the

governor shall appoint a successor to serve for the unexpired

portion of the term.

Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1,

1985. Renumbered from Sec. 6.015 by Acts 1987, 70th Leg., ch.

167, Sec. 5.01(a)(54), eff. Sept. 1, 1987. Amended by Acts 2003,

78th Leg., ch. 1170, Sec. 46.02, eff. Sept. 1, 2003.

Sec. 8.016. CHAIRMAN. The governor shall designate one

commissioner as chairman of the commission to serve at the will

of the governor.

Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1,

1985. Renumbered from Sec. 6.016 by Acts 1987, 70th Leg., ch.

167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.

Sec. 8.017. COMMISSION MEETINGS. (a) The commission shall meet

at least quarterly on a day and at a place within the state

selected by it.

(b) A meeting of the commission may be recessed at the

discretion of the commission.

(c) The chairman or two commissioners may call a special meeting

at any time by giving notice to the other commissioners.

(d) The chairman shall preside at all meetings of the

commission.

(e) A majority of the commissioners constitute a quorum to

transact business of the commission.

Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1,

1985. Renumbered from Sec. 6.017 by Acts 1987, 70th Leg., ch.

167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.

Sec. 8.018. COMPENSATION; EXPENSES. Each commissioner is

entitled to receive the amount provided by the General

Appropriations Act for his services together with travel and

other necessary expenses as provided by law.

Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1,

1985. Renumbered from Sec. 6.018 by Acts 1987, 70th Leg., ch.

167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.

Sec. 8.019. STAFF. The board shall provide necessary staff and

support to the commission to assist the commission in carrying

out this chapter.

Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1,

1985. Renumbered from Sec. 6.019 by Acts 1987, 70th Leg., ch.

167, Sec. 5.01(a)(54), eff. Sept. 1, 1987. Renumbered from Sec.

6.019 and amended by Acts 1987, 70th Leg., ch. 977, Sec. 2, eff.

June 19, 1987.

Sec. 8.020. SPECIAL REPRESENTATIVES. In cooperating with or

carrying out discussions with a particular state under Section

8.051 of this code or in negotiating with a particular state

under Section 8.056 of this code, the commission may appoint one

or more persons who reside within an area of this state that is

adjacent to the particular state with which this state is

cooperating, having discussions, or negotiating, and who are

knowledgeable with regard to the water concerns of the adjacent

state, to join the commission in the cooperative activity,

discussions, or negotiations and to advise the commission.

Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1,

1985. Renumbered from Sec. 6.020 by Acts 1987, 70th Leg., ch.

167, Sec. 5.01(a)(54), eff. Sept. 1, 1987. Amended by Acts 1987,

70th Leg., ch. 167, Sec. 5.01(a)(55), eff. Sept. 1, 1987.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8.051. INTERACTION WITH OTHER STATES. (a) In cooperation

with representatives of neighboring states, the commission shall

study the water needs of the region after the year 2000.

(b) The commission shall initiate and carry out discussions with

representatives of neighboring states relating to the

identification and development of sources and methods of

augmenting water supplies on a regional basis after existing

water supplies are fully committed.

Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1,

1985. Renumbered from Sec. 6.051 by Acts 1987, 70th Leg., ch.

167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.

Sec. 8.052. INTERACTION WITH MEXICO. The commission shall

contract and confer with the government of Mexico concerning

water needs and development of sources of water supply.

Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1,

1985. Renumbered from Sec. 6.052 by Acts 1987, 70th Leg., ch.

167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.

Sec. 8.053. STUDIES. The commission shall request the board to

prepare studies that consider utilization of only that floodwater

that is determined to be in excess of the reasonably foreseeable

needs of any area where that floodwater is located.

Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1,

1985. Renumbered from Sec. 6.053 by Acts 1987, 70th Leg., ch.

167, Sec. 5.01(a)(54), eff. Sept. 1, 1987. Renumbered from Sec.

6.053 and amended by Acts 1987, 70th Leg., ch. 977, Sec. 2, eff.

June 19, 1987.

Sec. 8.054. DESIGNATING WATER DEFICIENT AREAS. The commission

shall designate areas of the state in which the present and

future water supply is not sufficient to meet the future

requirements of those areas, even after giving full consideration

to the effects of water conservation in the projections of future

needs.

Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1,

1985. Renumbered from Sec. 6.054 by Acts 1987, 70th Leg., ch.

167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.

Sec. 8.055. REPORTS. The commission shall make recommendations

to the governor and to the legislature relating to potential

water source areas and the necessary methods to bring the water

to those areas in this state that need water.

Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1,

1985. Renumbered from Sec. 6.055 by Acts 1987, 70th Leg., ch.

167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.

Sec. 8.056. COMPACTS. The commission shall contact and

negotiate with other states regarding the need for establishing

interstate compacts, addressing groundwater problems, needs, and

supplies, if an aquifer underlies several states, and addressing

other related subjects that would be beneficial to the states

including the conservation and beneficial use of water.

Added by Acts 1985, 69th Leg., ch. 39, Sec. 1, eff. Sept. 1,

1985. Renumbered from Sec. 6.056 by Acts 1987, 70th Leg., ch.

167, Sec. 5.01(a)(54), eff. Sept. 1, 1987.