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.