H.B. No. 1269
1-1 AN ACT
1-2 relating to the powers of the Texas Water Development Board and the
1-3 executive administrator of the board.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 6.183, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 6.183. EMPLOYMENT OF PERSONNEL. The executive
1-8 administrator shall employ necessary personnel for the board. The
1-9 executive administrator may delegate powers and duties to deputy
1-10 executive administrators.
1-11 SECTION 2. Section 15.011(b), Water Code, is amended to read
1-12 as follows:
1-13 (b) After notice and hearing and subject to any limitations
1-14 established by the General Appropriations Act, the board may
1-15 transfer money from the fund to the loan fund created under
1-16 Subchapter C of this chapter, the storage acquisition fund created
1-17 under Subchapter E of this chapter, <and> the research and planning
1-18 fund created under Subchapter F of this chapter, and the
1-19 hydrographic survey account created under Subchapter M <L> of this
1-20 chapter, provided the hydrographic survey account transfer does not
1-21 exceed $425,000.
1-22 SECTION 3. Subsections 15.012(c) and (d), Water Code, are
1-23 amended to read as follows:
1-24 (c) Money appropriated to the fund by the legislature for a
2-1 specific purpose stated in Subchapter C, E, <or> F, or M <L> of
2-2 this chapter shall be placed in the appropriate fund created by
2-3 that subchapter.
2-4 (d) The money held in the fund may <will> be invested as
2-5 provided by law for investment of money under Section 404.024,
2-6 Government Code <in the water development fund in accordance with
2-7 procedures in Chapter 401, Acts of the 60th Legislature, 1967, as
2-8 amended (Article 6252-5a, Vernon's Texas Civil Statutes)>.
2-9 SECTION 4. Subchapter L, Chapter 15, Water Code, as added by
2-10 Chapter 3, Acts of the 72nd Legislature, 1st Called Session, 1991,
2-11 is relettered as Subchapter M, Chapter 15, Water Code, in order to
2-12 eliminate duplicate citations, as follows:
2-13 SUBCHAPTER M <L>. HYDROGRAPHIC SURVEY PROGRAM
2-14 SECTION 5. Section 15.431(c), Water Code, is amended to read
2-15 as follows:
2-16 (c) Money in the agricultural trust fund may be invested in
2-17 the manner provided for investment of money under Section 404.024,
2-18 Government Code <in the permanent school fund>.
2-19 SECTION 6. Section 15.602(1), Water Code, is amended to read
2-20 as follows:
2-21 (1) "Authorized investments" means<:>
2-22 <(A) direct obligations of the United States;>
2-23 <(B) other obligations unconditionally
2-24 guaranteed by the United States;>
2-25 <(C) obligations of the State of Texas;>
2-26 <(D) obligations of cities, counties, and other
2-27 political subdivisions of the state, except bonds issued to finance
3-1 a project or treatment works described in this chapter; and>
3-2 <(E)> any authorized investments described in
3-3 Section 404.024, Government Code <2.014, Chapter 240, Acts of the
3-4 69th Legislature, Regular Session, 1985 (Article 4393-1, Vernon's
3-5 Texas Civil Statutes)>.
3-6 SECTION 7. Section 15.803, Water Code, is amended to read as
3-7 follows:
3-8 Sec. 15.803. Use of Account. Money in the account may be
3-9 used only to pay the costs of surveys, the costs of insurance for
3-10 watercraft and capital equipment, and the costs of capital
3-11 equipment and personnel necessary to administer the program.
3-12 SECTION 8. Section 17.083, Water Code, is amended to read as
3-13 follows:
3-14 Sec. 17.083. Investment of Reserve Money. The board may
3-15 invest any money credited to the development fund and not
3-16 immediately required for its intended use and money in the interest
3-17 and sinking fund and in the economically distressed areas interest
3-18 and sinking fund, including the reserve portions of the interest
3-19 and sinking fund and the economically distressed areas interest and
3-20 sinking fund, in investments authorized by law for state deposits
3-21 under Section 404.024, Government Code.
3-22 SECTION 9. Section 17.124, Water Code, is amended to read as
3-23 follows:
3-24 Sec. 17.124. Considerations in Passing on Applications.
3-25 <(a)> In passing on an application from a political subdivision
3-26 for financial assistance for a water supply project, the board
3-27 shall consider:
4-1 (1) the needs of the area to be served by the water
4-2 supply project, <and> the benefit of the water supply project to
4-3 the area, the relationship of the water supply project to the
4-4 overall, statewide water needs, and the relationship of the water
4-5 supply project to the state water plan; and <in relation to the
4-6 needs of other areas requiring state assistance in any manner and
4-7 the benefits of those water supply projects to the other areas;>
4-8 (2) the availability of revenue to the political
4-9 subdivision, from all sources, for the ultimate repayment of the
4-10 cost of the water supply project, including interest.<;>
4-11 <(3) whether the political subdivision can reasonably
4-12 finance the water supply project without assistance from the state;>
4-13 <(4) the relationship of the water supply project to
4-14 the overall, statewide water needs; and>
4-15 <(5) the relationship of the water supply project to
4-16 the state water plan.>
4-17 <(b) In passing on an application for financial assistance
4-18 for regional facilities, water facilities for a political
4-19 subdivision that is converting from the use of groundwater to the
4-20 use of surface water, or a water supply project that includes flood
4-21 control, the board shall consider the factors set out for political
4-22 subdivisions in Subsection (a) of this section except the board is
4-23 not required to consider the factor set out in Subdivision (3) of
4-24 that subsection.>
4-25 SECTION 10. Section 17.125(a), Water Code, is amended to
4-26 read as follows:
4-27 (a) The board by resolution may approve an application if,
5-1 after considering the factors listed in Section 17.124 of this code
5-2 and any other relevant factors, the board finds:
5-3 (1) that the public interest requires state assistance
5-4 <participation> in the water supply project;
5-5 (2) <that the political subdivision cannot reasonably
5-6 finance the water supply project without state assistance in the
5-7 amount finally approved by the board;> and
5-8 <(3)> that in its opinion the revenue or taxes pledged
5-9 by the political subdivision will be sufficient to meet all the
5-10 obligations assumed by the political subdivision during the
5-11 succeeding period of not more than 50 years.
5-12 SECTION 11. Section 17.126, Water Code, is repealed.
5-13 SECTION 12. Section 17.275, Water Code, is amended to read
5-14 as follows:
5-15 Sec. 17.275. Considerations in Passing on Application.
5-16 <(a)> In passing on an application from a political subdivision
5-17 for financial assistance for water quality enhancement purposes,
5-18 the board shall consider:
5-19 (1) the water quality needs of the waters into which
5-20 effluent from the treatment works will be discharged, <and> the
5-21 benefit of the treatment works to such water quality needs, the
5-22 relationship of the treatment works to the overall, statewide water
5-23 quality needs; and the relationship of the treatment works to water
5-24 quality planning for the state; <in relation to the needs of other
5-25 waters requiring state assistance in any manner and the benefits of
5-26 those treatment works to the other waters;>
5-27 (2) the availability of revenue to the political
6-1 subdivision, from all sources, for the ultimate repayment of the
6-2 cost of the treatment works, including interest; and
6-3 (3) <whether the political subdivision can reasonably
6-4 finance the treatment works without assistance from the state;>
6-5 <(4) the relationship of the treatment works to the
6-6 overall, statewide water quality needs;>
6-7 <(5) the relationship of the treatment works to water
6-8 quality planning for the state; and>
6-9 <(6)> whether the political subdivision has been
6-10 designated, pursuant to Section 26.082 of this code, to provide a
6-11 regional system to serve all or part of the waste disposal needs of
6-12 a defined area, the development of such systems being the declared
6-13 policy of the legislature.
6-14 <(b) In passing on an application for financial assistance
6-15 for regional facilities, the board shall consider the factors set
6-16 out for political subdivisions in Subsection (a) of this section
6-17 except the board is not required to consider the factor set out in
6-18 Subdivision (3) of that subsection.>
6-19 SECTION 13. Section 17.276(d) and (e), Water Code, is
6-20 amended to read as follows:
6-21 (d) The board <commission> shall review and approve or
6-22 disapprove plans and specifications for all sewerage <sewage>
6-23 collection, treatment, and disposal systems for which financial
6-24 assistance is provided in any amount from water quality enhancement
6-25 funds or funds granted under the Federal Water Pollution Control
6-26 Act, as amended, in a manner that will satisfy commission
6-27 requirements for <for compliance with> design criteria and permit
7-1 conditions that apply to construction activities. <established by
7-2 the commission for sewerage systems. To avoid duplicate review and
7-3 approval by two or more state agencies, review and approval of
7-4 plans and specifications under this subsection by the Texas
7-5 Department of Health is not required.>
7-6 (e) <Except as provided by Subsection (d) of this section,>
7-7 The <the> deliberations, proposals, decisions, and other actions of
7-8 the board under this subchapter do not require the concurrence or
7-9 approval of any other governmental agency, board, commission,
7-10 council, political subdivision, or other governmental entity.
7-11 SECTION 14. Section 17.277, Water Code, is amended to read
7-12 as follows:
7-13 Sec. 17.277. Approval of Application. (a) The board by
7-14 resolution may approve an application if, after considering the
7-15 factors listed in Section 17.275 of this code and any other
7-16 relevant factors, the board finds<:>
7-17 <(1)> that the public interest will benefit from state
7-18 assistance <participation> in the financing of the treatment
7-19 works.<; and>
7-20 <(2) that the political subdivision cannot reasonably
7-21 finance the treatment works without state assistance in the amount
7-22 finally approved by the board.>
7-23 (b) <In approving an application for financial assistance
7-24 for regional facilities, the board shall make the finding required
7-25 by Subsection (a)(1) of this section.>
7-26 <(c)> Before the board grants the application or provides
7-27 any funds under an application, it shall require an applicant to
8-1 adopt a program of water conservation for the more efficient use of
8-2 water that incorporates the practices, techniques, or technology
8-3 prescribed by Subdivision (23)(B), Section 17.001, of this code and
8-4 that the board determines will meet reasonably anticipated local
8-5 needs and conditions. The program may include but is not limited
8-6 to any or all of the following:
8-7 (1) restrictions on discretionary water uses, such as
8-8 lawn watering;
8-9 (2) plumbing code standards for water conservation in
8-10 new building construction;
8-11 (3) retrofit programs to improve water-use efficiency
8-12 in existing buildings;
8-13 (4) educational programs;
8-14 (5) universal metering;
8-15 (6) conservation-oriented water rate structures;
8-16 (7) drought contingency plans; and
8-17 (8) distribution system leak detection and repair.
8-18 (c) <(d)> The board may not require a program of water
8-19 conservation to be adopted under Subsection (b) <(c)> of this
8-20 section if:
8-21 (1) an emergency exists as determined by the board;
8-22 (2) the amount of financial assistance to be provided
8-23 is $500,000 or less; or
8-24 (3) the applicant demonstrates and the board finds
8-25 that the submission of such a program is not reasonably necessary
8-26 to facilitate conservation or conservation measures.
8-27 (d) <(e)> To the extent funds are available, the board shall
9-1 establish an educational and technical assistance program to assist
9-2 political subdivisions in developing comprehensive water
9-3 conservation plans required by this section and other sections of
9-4 this code.
9-5 (e) <(f)> If the political subdivision will utilize the
9-6 project to furnish water or services to another political
9-7 subdivision that in turn will furnish the water or services to the
9-8 ultimate consumer, the requirements of the board relative to water
9-9 conservation can be met through contractual agreements between the
9-10 political subdivisions providing for establishment of a water
9-11 conservation plan and other measures.
9-12 (f) <(g)> Rules adopted under this section must state the
9-13 criteria for preparation, review, and enforcement of an applicant's
9-14 conservation program.
9-15 SECTION 15. Section 17.899(a), Water Code, is amended to
9-16 read as follows:
9-17 (a) The board may approve an application if, after
9-18 considering the factors in Section 17.898 and other relevant
9-19 factors, the board finds that:
9-20 (1) the public interest would be served in granting
9-21 the application;
9-22 (2) a lender district has the ability to make
9-23 conservation loans, manage a conservation loan program, and repay
9-24 the loan to the board;
9-25 (3) a borrower district has the ability to repay
9-26 <prepay> the conservation loan; and
9-27 (4) granting the application will further water
10-1 conservation in the state.
10-2 SECTION 16. The importance of this legislation and the
10-3 crowded condition of the calendars in both houses create an
10-4 emergency and an imperative public necessity that the
10-5 constitutional rule requiring bills to be read on three several
10-6 days in each house be suspended, and this rule is hereby suspended,
10-7 and that this Act take effect and be in force from and after its
10-8 passage, and it is so enacted.