Senate Water, Agriculture & Rural Affairs Interim Report to the 88th Legislature

The Senate Committee on Water, Agriculture & Rural Affairs interim report to the 88th Legislature covers state water infrastructure, the 2022 State Water Plan, groundwater management, rural business and workforce needs, daylight savings time, federal border policy, the need for additional meat packing facilities, and cattle theft. For more information see the full report here.

Spotlight on Recommendations

Charge 1. Evaluate the state’s water infrastructure. Study and make recommendations on options to upgrade and update water infrastructure to address deferred maintenance, disasters, and water loss.

• Texas should dedicate funding to existing funds such as the Rural Water Assistance Fund, Water Assistance Fund, and others directing the TWBD on how to utilize the resources.
  • A portion should be allocated towards small to mid-sized utilities to improve water infrastructure and minimize water loss.
  • Another portion of this fund would go towards future water supply projects such as desalination, produced water development, aquifer storage & recovery, flood storage, and others.
  • The remaining would be appropriated for water conservation measures related to new development such as xeriscape or other drought resistance landscaping.
• To support the infrastructure effort, the state should invest in more validation studies for water loss audits at the TWDB. Additionally, more incentives to complete water loss audits should be applied to encourage better data collection.
• The state should also support the efforts of the TWDB to provide technical assistance to rural systems when applying for funding.

Charge 2. Review and make recommendations to complete specific projects identified in the 2022 State Water Plan. In light of recent changes to the global economy, consider the current regulatory process regarding innovative technology solutions to water supply needs, such as marine desalination, and make recommendations for their improvement.

• The committee recommends appropriating funds to develop new water supply opportunities. Texas, partnering with the private sector, should invest in water acquisition from neighboring states and build the infrastructure to transport the water while laying other critical infrastructure at the same time such as broadband. Large scale marine and brackish water desalination plants as well as produced water treatment plants, and other projects that create a new water source would be considered eligible. Projects must certify the large acre feet of potential supply with applications based on the amount produced and ability to reach different regions of the state. In specific cases, research into innovative water technologies that the TWDB deemed plausible would be eligible. This is a national conversation that needs to be led by Texas, including all appropriate federal agencies such as the United States Army Corps of engineers, Federal Emergency Management Agency (preventive dual flood and supply opportunities), and Department of Interior in the promotion of water supply development. It is past time for the Eisenhower of water to step up. The initial investment would go towards loans with some eligible for principal forgiveness depending on the population served in conjunction with an evergreen repayment concept to the fund for future funding stability.
• TWDB should implement feasibility surveys of the projects in the plan to push strategies that have attainable completion dates. Working with the Regional Water Planning Groups, TWDB should remove projects from the plan and work with the groups to replace them with other strategies.

Charge 3. Evaluate the status and effectiveness of the State’s groundwater management process, including data used to support regional water planning and conservation goals. Report on the effectiveness of the State’s groundwater protection efforts and whether statutory changes are needed to protect groundwater quality.

• Encourage groundwater conservation districts to maximize tools such as export fees and contracts to adequately plan for mitigation.
• Texas should invest in updated groundwater availability models at the Texas Water Development Board. Additionally, the state should consider grants to groundwater conservation districts to employ the best available science at a local level.
• Encourage districts to incentivize and perform outreach to the benefits of data to individual landowner for the use of well meters.
• Continue to replenish the Agriculture Conservation grant funding for incentives for drip irrigation and other conservation technologies that have a proven record of water savings.
• Greater education to the public, including the public schools as to the importance of water conservation.

Charge 4. Study and make recommendations on rural small business development and workforce needs. Consider and recommend innovative methods for business development in rural parts of the state.

• We must focus on the industries where rural and statewide workforces are dwindling. Our state’s water and wastewater plants will face a 30-50% reduction in their experienced workforce over the next ten years. Programs like the Texas Rural Water Association’s apprenticeship program will encourage workers to train in an accelerated program to enter the workforce ahead of their competition is one example of a rural need with statewide implications. The committee recommends legislation to temporarily suspend the education requirement of a high school diploma or GED as a prerequisite for obtaining Class D water or wastewater operator license in Texas. If a high school student has successfully completed prerequisite Texas Commission on Environmental Quality training coursework and a passing score on the applicable licensing exam to receive a Class D license, they could receive a provisional license to begin work under a direct supervision of a licensed professional. Once the individual graduated or earned their GED, the license would become official. This program would represent other operators in training programs in the state.
• The committee recommends the development of the state premium insurance tax credit to encourage investment in rural businesses. Approximately 19,449 businesses would be eligible for the program as of October 2022.
• Investment in rural Texas doesn’t end with job training and dollars. In fact, it begins with our schools. In rural communities, organizations such as FFA and programs such as the Roscoe ISD career and education program must be encouraged. Access to the global economy thru technology is critical to retain and recruit youth in rural Texas. All efforts to reliable and quality broadband must be encouraged. Sustainable partnering with industry and federal funding must be a priority of the 88th legislative session.
• FFA and other agricultural curricula should be expanded, specifically to public school children in urban areas to give awareness how food supply meets food demand.
• In agrarian areas, public schools and local partnerships should be encouraged to “own the strength” of the community and region. The opportunity to capitalize on a community’s strengths and values cannot be overlooked. Lubbock Independent School District is building an Agricultural STEM education center, supporting the regions global agricultural footprint.
• Compulsory education beyond 16 must become a conversation as to what that is in order to meet the challenges of tomorrow’s workforce. Specialty trades, technology jobs, and the support of industries involved in training programs with students whose passions and skills already align for the careers of the future at 16 needs to become an option.

Charge 5. Examine and report on how permanently maintaining daylight savings time impacts the agricultural community.

• Year-round Daylight Savings Time (DST) remains a federal issue. Until the states are given the ability to adopt year-round DST, Texas only has one option, which is to either observe DST for the 238 days every year, or not. States can name daylight savings time the year-round standard time pending federal approval.

Charge 6. Consider the Federal government’s open border policies and practices of releasing illegal immigrants in rural areas of the state. Report on the impact to rural Texas, and their local ability to address social, health, and law enforcement needs.

• The foothold of a sophisticated and well-connected criminal syndicate under cartel or other organized or organizing crime syndicates cannot be underestimated. Stash houses and human trafficking are not unique to urban America. The state must form coalitions with of other states with border issues to force the appropriate Federal response. Additionally, international industry groups should have a path to create workforce and commerce in which they are responsible for oversight of the workforce.
  • The state must continue to find ways to catch dangerous criminal immigrants, empowering local enforcement to catch and prosecute.
• The balance between those seeking opportunity, providing solutions for the workforce challenges, and stopping illegal immigration is an admirable and common-sense goal. Framework exists for success and only needs updating and resources to achieve the goal of an opportunity for all and enforcing the rule of law.
  • Texas should encourage the Federal government to revisit the Visa system and their limits and quotas. Additionally, the system should take advantage of technological advancements to track those entering for work but not wishing to remain to become a citizen on a more regular, seasonal approach. By creative approaches with employer partnerships, supply and demand for workforce needs can be met. Economic sanctions and all other tools available should continue to be used to discourage illegal immigration.

Charge 7. Study the need for additional meat packing facilities in Texas. Evaluate and report on the increased cost to Texas ranchers and revenue lost in the Texas economy when meatpacking facilities are utilized outside of Texas.

• The committee recommends programs which cover the skills required to operate the production at meat packing facilities. Continued partnerships with local high schools and community colleges can succeed in keeping qualified workforce available to companies.
• The state should develop a system in the state that allows small-scale producers to utilize custom-exempt slaughterhouses throughout Texas.
• FFA and other agricultural curricula should be expanded, specifically to all children in public schools to give awareness to how food supply meets food demand.

Charge 8. Study the impact of cattle theft on farming and ranching operations throughout Texas and recommend cost-effective measures to mitigate loss and increase security.

• The committee recommends the creation of training for local district attorneys, prosecutors, and judges relative to agricultural crimes, applicable laws, impacts on producers, and how to properly quantify restitution amounts. Training can be delivered by special rangers through certified continuing education institutions.
• The state should also consider the implementation of stricter violations for agricultural theft of pharmaceuticals.

Charge 9. Monitor the implementation of legislation addressed by the Senate Committee on Water, Agriculture & Rural Affairs passed by the 87th Legislature, including Senate Bill 8 (86th Legislature), Relating to state and regional flood planning; Senate Bill 601 (87th Legislature), Relating to the creation and activities of the Texas Produced Water Consortium; Senate Bill 905 (87th Legislature), Relating to guidance on the regulations applicable to the potable reuse of wastewater; and House Bill 3516 (87th Legislature), Relating to the regulation of the recycling of fluid oil and gas waste.

• The state should continue to invest in the State Flood Plan and pay careful attention to the findings from Texas Water Development Board.
• The Texas Produced Water Consortium should continue at Texas Tech University with appropriations for pilot projects and lab testing.
• The Texas Railroad Commission should implement House Bill 3516 in its entirety as quickly as possible.