| (a) Once initially designated, the Board may review
and update the boundary designations of FPRs, as necessary, on its
own initiative or upon recommendation of the EA.
(b) If upon FPR boundary designation review the Board
determines that revisions to the boundaries are necessary, the Board
shall designate areas for which RFPs shall be developed, taking into
consideration factors such as:
(1) river basin and sub-watershed delineations;
(2) hydraulic features of river basins;
(3) coastal basins and features;
(4) existing FPRs;
(5) development patterns;
(6) public comment; and
(7) other factors the Board deems relevant.
(c) RFPGs shall consider and adopt, by two-thirds vote,
bylaws that are consistent with provisions of this chapter, Texas
Water Code §16.062, and Government Code Chapters 551 and 552.
The RFPG shall provide copies of its bylaws and any revisions thereto
to the EA. The bylaws adopted by the RFPG shall at a minimum address
the following elements:
(1) methods of formation and governance of executive
committee, or subcommittees or subgroups;
(2) definition of a quorum necessary to conduct business;
(3) methods to approve items of business including
adoption of RFPs or amendments thereto;
(4) methods to name additional voting and non-voting
members;
(5) terms, conditions, and limits of membership including
the terms of member removal;
(6) any additional notice provisions that the RFPG
chooses to include;
(7) methods to record and preserve minutes;
(8) methods to resolve disputes between RFPG members
on matters coming before the RFPG;
(9) procedures for handling confidential information;
and
(10) other procedures deemed relevant by the RFPG.
(d) RFPGs shall at all times maintain each of the required
positions listed below. However, if an FPR does not have an interest
in the category below, then the RFPG shall so advise the Executive
Administrator and an individual member designation may not be required.
(1) Public, defined as those persons or entities having
no economic or other direct interest in the interests represented
by the remaining membership categories;
(2) Counties, defined as the county governments for
the 254 counties in Texas;
(3) Municipalities, defined as governments of cities
created or organized under the general, home-rule, or special laws
of the state;
(4) Industries, such as corporations, partnerships,
sole proprietorships, or other legal entities that are formed for
the purpose of making a profit and that are not small businesses;
(5) Agricultural interests, defined as those persons
or entities associated with the production or processing of plant
or animal products;
(6) Environmental interests, defined as those persons
or groups advocating for the protection or conservation of the state's
natural resources, including but not limited to soil, water, air,
and living resources;
(7) Small businesses, defined as corporations, partnerships,
sole proprietorships, or other legal entities that are formed for
the purpose of making a profit, are independently owned and operated,
and have either fewer than 500 employees and or less than $10 million
in gross annual receipts;
(8) Electric generating utilities, defined as any persons,
corporations, cooperative corporations, or any combination thereof,
meeting each of the following three criteria: own or operate for compensation
equipment or facilities which produce or generate electricity; produce
or generate electricity for either wholesale or retail sale to others;
and are neither a municipal corporation nor a river authority; this
category may include a transmission and distribution utility;
(9) River authorities, defined as any districts or
authorities created by the legislature that contain areas within their
boundaries of one or more counties and that are governed by boards
of directors appointed or designated in whole or part by the governor,
including without limitation the San Antonio River Authority and the
Palo Duro River Authority;
(10) Flood Districts, defined as any districts or authorities,
created under authority of either the Texas Constitution, Article
III, §52(b)(1) and (2), or Article XVI, §59 including all
Chapter 49 districts, particularly districts with flood management
responsibilities, including drainage districts, levee improvement
districts, but does not include river authorities;
(11) Water Districts, defined as any districts or authorities,
created under authority of either the Texas Constitution, Article
III, §52(b)(1) and (2), or Article XVI, §59 including all
Chapter 49 districts, particularly districts with flood management
responsibilities, including municipal utility districts, freshwater
supply districts, and regional water authorities, but does not include
drainage districts, levee improvement districts, river authorities;
(12) Water Utilities, defined as any persons, corporations,
cooperative corporations, or any combination thereof that provide
water supplies for compensation except for municipalities, river authorities,
or water districts; and
(13) The RFPGs, at their discretion, may include additional
voting positions upon a two-thirds vote of all of the existing voting
positions to ensure adequate representation from the interests in
the FPR.
(e) The RFPG shall include the following non-voting
members, as designated by the head of their agencies for paragraphs
(1) - (7) of this subsection and shall receive meeting notifications
and information in the same manner as voting members.
(1) Staff member of the TWDB;
(2) Staff member of the Texas Commission on Environmental
Quality;
(3) Staff member of the General Land Office;
(4) Staff member of the Texas Parks and Wildlife Department;
(5) Staff member of the Texas Department of Agriculture;
(6) Staff member of the State Soil and Water Conservation
Board; and
(7) Staff member of the Texas Division of Emergency
Management.
(f) The RFPG shall include the following non-voting
members who shall receive meeting notifications and information in
the same manner as voting members:
(1) Non-voting member liaisons designated by each RFPG,
as necessary, to represent portions of major river basins that have
been split into more than one FPR to coordinate between the upstream
and downstream FPRs located within that same river basin. This non-voting
member liaison may, at the discretion of the RFPG, be met by a voting
member that also meets another position requirement under subsection
(d) of this section; and
(2) For FPRs that touch the Gulf Coast, member liaisons
designated by each RFPG representing coastal portions of FPRs to coordinate
with neighboring FPRs along the Gulf Coast. This non- voting position
member liaison may, at the discretion of the RFPG, be met by a voting
member that also meets another position requirement under subsection
(e) of this section.
(g) Each RFPG shall consider including a non-voting
position to represent regional or local transportation authorities
for example, from the Texas Department of Transportation, who shall
receive meeting notifications and information in the same manner as
voting members.
(h) Each RFPG shall provide a current list of its voting
and non-voting positions to the EA; the list shall identify each position
required under subsection (e) as well as any other positions added
by the RFPG and the individual member name that fills each position.
(i) Each RFPG, at its discretion, may at any time add
additional voting and non-voting positions to serve on the RFPG including
any new interest category in accordance with subsection (d)(13) of
this section, including any additional state or federal agencies,
and additional representatives of those interests already listed in,
and as limited by, subsection (e) of this section that the RFPG considers
appropriate for development of its RFP. Adding any new voting position
that increases the total number of voting positions may only occur
upon a two-thirds vote of all voting positions.
(j) Each RFPG, at its discretion, may remove individual
voting or non-voting positions, other than those listed under subsection
(e)(1) - (7) of this section, or eliminate positions in accordance
with the RFPG bylaws as long as minimum requirements of RFPG membership
are maintained in accordance with subsections (d) and (f) of this
section.
(k) RFPGs may enter into formal and informal agreements
to coordinate, avoid affecting neighboring areas, and share information
with other RFPGs or any other interests within any FPR for any purpose
the RFPGs consider appropriate including expediting or making more
efficient planning efforts.
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