Texas Register, Volume 44, Number 51, Pages 7779-8116, December 20, 2019 Page: 7,833
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(7) Small businesses, defined as corporations, partnerships,
sole proprietorships, or other legal entities that are formed for the pur-
pose 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 ap-
pointed or designated in whole or part by the governor;
(10) Water Districts, defined as any districts or author-
ities, created under authority of either Texas Constitution, Article
III, 52(b)(1) and (2), or Article XVI, 59 including all Chapter 49
districts, particularly districts with regional flood management respon-
sibilities, including drainage districts, levee improvement districts, but
does not include river authorities;
(11) Water Utilities, defined as any persons, corporations,
cooperative corporations, or any combination thereof that provide wa-
ter supplies for compensation except for municipalities, river authori-
ties, or water districts; and
(12) At the discretion of the RFPG, additional representa-
tive categories to ensure adequate representation from the interests in
the FPR.
(f) The RFPG shall include the following non-voting mem-
bers, as designated by the head of their agency for paragraphs (1) -
(7) of this subsection, who shall receive meeting notifications and in-
formation in the same manner as voting members:
(1) staff member of the TWDB;
(2) staff member of the Texas Commission on Environ-
mental Quality;
(3) staff member of the General Land Office;
(4) staff member of the Texas Parks and Wildlife Depart-
ment;
(5) staff member of the Texas Department of Agriculture;
(6) staff member of the State Soil and Water Conservation
Board;
(7) staff member of the Texas Division of Emergency Man-
agement;
(8) 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-vot-
ing interest representation requirement may, at the discretion of the
RFPG, be met by a voting member that also meets another representa-
tion requirement under subsection (e) of this section; and
(9) for FPRs that touch the Gulf Coast, member liaisons
designated by each RFPG representing coastal portions of FPRs to co-
ordinate with neighboring FPRs along the Gulf Coast. This non-voting
interest representation requirement may, at the discretion of the RFPG,be met by a voting member that also meets another representation re-
quirement under subsection (e) of this section.
(g) Each RFPG shall provide a current list of its voting and
non-voting members to the EA; the list shall identify the interest rep-
resented by each member including interests required in subsection (e)
of this section.
(h) Each RFPG, at its discretion, may at any time add addi-
tional voting and non-voting representatives to serve on the RFPG for
any new interest category in accordance with subsection (e)(12) of this
section, including any additional state or federal agencies, and addi-
tional 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.
(i) Each RFPG, at its discretion, may remove individual voting
or non-voting members, other than those listed under subsection (f)(1)
- (7), or eliminate RFPG representative positions in accordance with
the RFPG bylaws as long as minimum requirements of RFPG mem-
bership are maintained in accordance with subsections (e) and (f) of
this section.
(j) 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.
361.12. General Regional Flood Planning Group Responsibilities
and Procedures.
The following activities are required of each RFPG every planning cy-
cle:
(1) Designate a political subdivision as a representative of
the RFPG eligible to apply for financial assistance to be used by the
RFPG for planning activities. The designated political subdivision will
prepare and submit funding applications on behalf of the RFPG pur-
suant to Chapter 361, Subchapter F of this title (related to Regional
Flood Planning Grants). The designated political subdivision will be
responsible for the following:
(A) general management of the contract between the
designated political subdivision and the TWDB;
(B) general management of the contract between the
designated political subdivision and the consultant(s); and
(C) in accordance with the RFPG's bylaws and notice
provisions, the preparation of a scope(s) of work for regional flood
planning grant funding that identifies responsible parties for task ex-
ecution, including a task schedule, task and expense budgets, and de-
scribes interim draft reports or deliverables, and final reports for the
planning process.
(2) Select a technical consultant(s) to be procured by the
designated political subdivision in paragraph (1) of this section in ac-
cordance with the procurement requirements that apply to that political
subdivision.
(3) Hold at least one public meeting, that may also be a
regular RFPG meeting, and in accordance with the notice requirements
in 361.21 of this title (relating to General Notice Requirements), to
determine what, if any, additional public notice the RFPG determines
is necessary to ensure adequate public notice in its own FPR, including
in print form if desirable.
(4) Hold public meetings at central locations readily acces-
sible to the public within the FPR to gather general suggestions and
recommendations from the public as to issues, provisions, and types ofPROPOSED RULES December 20, 2019 44 TexReg 7833
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Texas. Secretary of State. Texas Register, Volume 44, Number 51, Pages 7779-8116, December 20, 2019, periodical, December 20, 2019; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1221934/m1/55/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.