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House Bill 4 |
House Author: Ritter et al. |
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Effective: See below |
Senate Sponsor: Fraser |
House Bill 4 amends the Water Code to decrease from six to three the number of members of the Texas Water Development Board (TWDB), to set out membership criteria, and to establish a two-term limit for members. The bill grants the governor authority to remove a TWDB member from office with the advice and consent of the senate and requires each TWDB member to serve on a full-time basis. The bill makes a person ineligible for TWDB membership if the person served on the TWDB on or before January 1, 2013, and makes a person ineligible for appointment as the executive administrator of the TWDB if the person served in that capacity on that date.
House Bill 4 establishes the state water implementation fund for Texas as a special fund in the state treasury outside the general revenue fund to be used by the TWDB, without further legislative appropriation, for the purpose of implementing the state water plan. The bill provides for the management and investment of the fund by the Texas Treasury Safekeeping Trust Company and for the use of the fund. The bill authorizes the TWDB, in order to facilitate the use of the fund, to direct the trust company to enter into bond enhancement agreements to provide a source of revenue or security for the payment of the principal of and interest on general obligation bonds or revenue bonds issued by the TWDB to finance or refinance projects included in the state water plan if the proceeds of the sale of the bonds have been or will be deposited to the credit of the state water implementation revenue fund for Texas, the water infrastructure fund, the rural water assistance fund, the Texas Water Development Fund II state participation account, or the agricultural water conservation fund. The bill sets out provisions governing these bond enhancement agreements and provides for the prioritization of applicable projects by regional water planning groups and the TWDB.
House Bill 4 establishes the State Water Implementation Fund for Texas Advisory Committee. The bill requires the advisory committee to submit comments and recommendations to the TWDB regarding the use of money in the state water implementation fund for Texas for use by the TWDB in adopting rules, policies, and procedures; requires the advisory committee to review the overall operation, function, and structure of the fund at least semiannually; and authorizes the advisory committee to provide comments and recommendations to the TWDB on any matter.
House Bill 4 requires the TWDB to adopt rules providing for the use of money in the fund, establishes reporting and transparency requirements, and provides for TWDB policies and procedures that mitigate or minimize adverse effects of federal laws that may restrict the TWDB's ability to freely invest all or part of the fund or to receive and retain all the earnings from the fund.
House Bill 4 establishes the state water implementation revenue fund for Texas as a special fund in the state treasury outside the general revenue fund to be used by the TWDB, without further legislative appropriation, only for the purpose of providing financing for certain authorized projects included in the state water plan. The bill provides for the management and investment of the fund and for the use of the fund. The bill authorizes the TWDB to issue revenue bonds for the purpose of providing money for the fund and to issue revenue bonds to refund revenue bonds or bonds and obligations issued or incurred in accordance with other provisions of law and sets out other provisions relating to such revenue bonds.
House Bill 4 requires the governing body of each political subdivision receiving financial assistance from the TWDB to require in all contracts for the construction of a project that the contract include a requirement that iron and steel products and manufactured goods used in the project be produced in the United States, with certain exceptions. The bill requires plans and specifications submitted to the TWDB in connection with an application for financial assistance to include a seal by a licensed engineer affirming that the plans and specifications are consistent with and conform to current industry design and construction standards. The bill removes statutory provisions requiring the TWDB to determine all aspects of the construction of a sewerage system or flood control project for which financial assistance is provided. The bill authorizes the TWDB to use the Texas water resources fund to provide funds to the state water implementation revenue fund for Texas.
House Bill 4 provides for the transfer of money or other assets from the Texas Water Development Fund II to the state water implementation revenue fund for Texas to provide certain financial assistance and specifies that the TWDB has authority to sell or dispose of political subdivision assets purchased with money in the Texas Water Development Fund II to any person or to another fund administered by the TWDB.
House Bill 4 exempts from certain Texas Commission on Environmental Quality approval requirements revenue notes and bonds of certain water districts issued to and approved by a federally chartered instrumentality of the United States authorized under federal law to finance certain water projects.
House Bill 4 makes its provisions regarding the state water implementation fund for Texas and the state water implementation revenue fund for Texas effective on the date on which the constitutional amendment proposed by the 83rd Legislature, Regular Session, 2013, creating the funds takes effect. If the amendment is not approved by voters, those provisions have no effect. Otherwise, the bill takes effect September 1, 2013.