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