1-1 By: Yost (Senate Sponsor - Armbrister) H.B. No. 1269
1-2 (In the Senate - Received from the House May 3, 1993;
1-3 May 4, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 7, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 9, Nays 0;
1-6 May 7, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR H.B. No. 1269 By: Armbrister
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the powers of the Texas Water Development Board and the
1-24 executive administrator of the board.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 6.183, Water Code, is amended to read as
1-27 follows:
1-28 Sec. 6.183. EMPLOYMENT OF PERSONNEL. The executive
1-29 administrator shall employ necessary personnel for the board. The
1-30 executive administrator may delegate powers and duties to deputy
1-31 executive administrators.
1-32 SECTION 2. Section 15.011(b), Water Code, is amended to read
1-33 as follows:
1-34 (b) After notice and hearing and subject to any limitations
1-35 established by the General Appropriations Act, the board may
1-36 transfer money from the fund to the loan fund created under
1-37 Subchapter C of this chapter, the storage acquisition fund created
1-38 under Subchapter E of this chapter, <and> the research and planning
1-39 fund created under Subchapter F of this chapter, and the
1-40 hydrographic survey account created under Subchapter M <L> of this
1-41 chapter, provided the hydrographic survey account transfer does not
1-42 exceed $425,000.
1-43 SECTION 3. Subsections 15.012(c) and (d), Water Code, are
1-44 amended to read as follows:
1-45 (c) Money appropriated to the fund by the legislature for a
1-46 specific purpose stated in Subchapter C, E, <or> F, or M <L> of
1-47 this chapter shall be placed in the appropriate fund created by
1-48 that subchapter.
1-49 (d) The money held in the fund may <will> be invested as
1-50 provided by law for investment of money under Section 404.024,
1-51 Government Code < in the water development fund in accordance with
1-52 procedures in Chapter 401, Acts of the 60th Legislature, 1967, as
1-53 amended (Article 6252-5a, Vernon's Texas Civil Statutes)>.
1-54 SECTION 4. Subchapter L, Chapter 15, Water Code, as added by
1-55 Chapter 3, Acts of the 72nd Legislature, 1st Called Session, 1991,
1-56 is relettered as Subchapter M, Chapter 15, Water Code, in order to
1-57 eliminate duplicate citations, as follows:
1-58 SUBCHAPTER M <L>. HYDROGRAPHIC SURVEY PROGRAM
1-59 SECTION 5. Section 15.431(c), Water Code, is amended to read
1-60 as follows:
1-61 (c) Money in the agricultural trust fund may be invested in
1-62 the manner provided for investment of money under Section 404.024,
1-63 Government Code <in the permanent school fund>.
1-64 SECTION 6. Section 15.602(1), Water Code, is amended to read
1-65 as follows:
1-66 Sec. 15.602. Definitions. In this subchapter:
1-67 (1) "Authorized investments" means<:>
1-68 <(A) direct obligations of the United States;>
2-1 <(B) other obligations unconditionally guaranteed
2-2 by the United States;>
2-3 <(C) obligations of the State of Texas;>
2-4 <(D) obligations of cities, counties, and other
2-5 political subdivisions of the state, except bonds issued to finance
2-6 a project or treatment works described in this chapter; and>
2-7 <(E)> any authorized investments described in
2-8 Section 404.024, Government Code <2.014, Chapter 240, Acts of the
2-9 69th Legislature, Regular Session, 1985 (Article 4393-1, Vernon's
2-10 Texas Civil Statutes)>.
2-11 SECTION 7. Section 15.803, Water Code, is amended to read as
2-12 follows:
2-13 Sec. 15.803. Use of Account. Money in the account may be
2-14 used only to pay the costs of surveys, the costs of insurance for
2-15 watercraft and capital equipment, and the costs of capital
2-16 equipment and personnel necessary to administer the program.
2-17 SECTION 8. Section 17.083, Water Code, is amended to read as
2-18 follows:
2-19 Sec. 17.083. Investment of Reserve Money. The board may
2-20 invest any money credited to the development fund and not
2-21 immediately required for its intended use and money in the interest
2-22 and sinking fund and in the economically distressed areas interest
2-23 and sinking fund, including the reserve portions of the interest
2-24 and sinking fund and the economically distressed areas interest and
2-25 sinking fund, in investments authorized by law for state deposits
2-26 under Section 404.024, Government Code.
2-27 SECTION 9. Section 17.124, Water Code, is amended to read as
2-28 follows:
2-29 Sec. 17.124. Considerations in Passing on Applications.
2-30 <(a)> In passing on an application from a political
2-31 subdivision for financial assistance for a water supply project,
2-32 the board shall consider:
2-33 (1) the needs of the area to be served by the water
2-34 supply project, <and> the benefit of the water supply project to
2-35 the area, the relationship of the water supply project to the
2-36 overall, statewide water needs, and the relationship of the water
2-37 supply project to the state water plan; and <in relation to the
2-38 needs of other areas requiring state assistance in any manner and
2-39 the benefits of those water supply projects to the other areas;>
2-40 (2) the availability of revenue to the political
2-41 subdivision, from all sources, for the ultimate repayment of the
2-42 cost of the water supply project, including interest. <;>
2-43 <(3) whether the political subdivision can reasonably
2-44 finance the water supply project without assistance from the state;>
2-45 <(4) the relationship of the water supply project to
2-46 the overall, statewide water needs; and>
2-47 <(5) the relationship of the water supply project to
2-48 the state water plan.>
2-49 <(b) In passing on an application for financial assistance
2-50 for regional facilities, water facilities for a political
2-51 subdivision that is converting from groundwater to the use of
2-52 surface water, or a water supply project that includes flood
2-53 control, the board shall consider the factors set out for political
2-54 subdivisions in Subsection (a) of this section except the board is
2-55 not required to consider the factor set out in Subsection (3) of
2-56 this subsection.>
2-57 SECTION 10. Section 17.125(a), Water Code, is amended to
2-58 read as follows:
2-59 Sec. 17.125. Approval of Application. (a) The board by
2-60 resolution may approve an application if, after considering the
2-61 factors listed in Section 17.124 of this code and any other
2-62 relevant factors, the board finds:
2-63 (1) that the public interest requires state assistance
2-64 <participation> in the water supply project;
2-65 (2) <that the political subdivision cannot reasonably
2-66 finance the water supply project without state assistance in the
2-67 amount finally approved by the board;> and
2-68 <(3)> that in its opinion the revenue or taxes pledged
2-69 by the political subdivision will be sufficient to meet all the
2-70 obligations assumed by the political subdivision during the
3-1 succeeding period of not more than 50 years.
3-2 SECTION 11. Section 17.126, Water Code, is repealed.
3-3 <Sec. 17.126. Findings for Regional Facilities.>
3-4 <In approving an application for financial assistance for
3-5 regional facilities, water facilities for a political subdivision
3-6 that is converting from the use of groundwater to the use of
3-7 surface water, or flood control measures, the board shall make the
3-8 findings required by Subsection (a), Section 17.125 of this code,
3-9 except the board is not required to make the finding set out in
3-10 Subsection (2) of that subsection.>
3-11 SECTION 12. Section 17.275, Water Code, is amended to read
3-12 as follows:
3-13 Sec. 17.275. Considerations in Passing on Application.
3-14 <(a)> In passing on an application from a political
3-15 subdivision for financial assistance for water quality enhancement
3-16 purposes, the board shall consider:
3-17 (1) the water quality needs of the waters into which
3-18 effluent from the treatment works will be discharged, <and> the
3-19 benefit of the treatment works to such water quality needs, the
3-20 relationship of the treatment works to the overall, statewide water
3-21 quality needs; and the relationship of the treatment works to water
3-22 quality planning for the state; <in relation to the needs of other
3-23 waters requiring state assistance in any manner and the benefits of
3-24 those treatment works to the other waters;>
3-25 (2) the availability of revenue to the political
3-26 subdivision, from all sources, for the ultimate repayment of the
3-27 cost of the treatment works, including interest; and
3-28 (3) <whether the political subdivision can reasonably
3-29 finance the treatment works without assistance from the state;>
3-30 <(4) the relationship of the treatment works to the
3-31 overall, statewide water quality needs;>
3-32 <(5) the relationship of the treatment works to water
3-33 quality planning for the state; and>
3-34 <(6)> whether the political subdivision has been
3-35 designated, pursuant to Section 26.082 of this code, to provide a
3-36 regional system to serve all or part of the waste disposal needs of
3-37 a defined area, the development of such systems being the declared
3-38 policy of the legislature.
3-39 <(b) In passing on an application for financial assistance
3-40 for regional facilities, the board shall consider the factors set
3-41 out for political subdivisions in Subsection (a) of this section
3-42 except the board is not required to consider the factor set out in
3-43 Subdivision (3) of that subsection.>
3-44 SECTION 13. Section 17.276(d) and (e), Water Code, is
3-45 amended to read as follows:
3-46 Sec. 17.276. Action on Application.
3-47 (d) The board <commission> shall review and approve or
3-48 disapprove plans and specifications for all sewerage collection,
3-49 treatment, and disposal systems for which financial assistance is
3-50 provided in any amount from water quality enhancement funds or
3-51 funds granted under the Federal Water Pollution Control Act, as
3-52 amended, in a manner that will satisfy commission requirements for
3-53 <for compliance with> design criteria and permit conditions that
3-54 apply to construction activities. <established by the commission
3-55 for sewerage system.> <To avoid duplicate review and approval by two
3-56 or more state agencies, review and approval of plans and
3-57 specifications under this subsection by the Texas Department of
3-58 Health is not required.>
3-59 (e) <Except as provided by Subsection (d) of this section,>
3-60 The <the> deliberations, proposals, decisions, and other actions of
3-61 the board under this subchapter do not require the concurrence or
3-62 approval of any other governmental agency, board, commission,
3-63 council, political subdivision, or other governmental entity.
3-64 SECTION 14. Section 17.277, Water Code, is amended to read
3-65 as follows:
3-66 Sec. 17.277. Approval of Application. (a) The board by
3-67 resolution may approve an application if, after considering the
3-68 factors listed in Section 17.275 of this code and any other
3-69 relevant factors, the board finds<:>
3-70 <(1)> that the public interest will benefit from state
4-1 assistance <participation> in the financing of the treatment
4-2 works.<; and>
4-3 <(2) that the political subdivision cannot reasonably
4-4 finance the treatment works without state assistance in the amount
4-5 finally approved by the board.>
4-6 (b) <In approving an application for financial assistance
4-7 for regional facilities, the board shall make the finding required
4-8 by Subsection (a)(1) of this section.>
4-9 <(c)> Before the board grants the application or provides any
4-10 funds under an application, it shall require an applicant to adopt
4-11 a program of water conservation for the more efficient use of water
4-12 that incorporates the practices, techniques, or technology
4-13 prescribed by Subdivision (23)(B), Section 17.001, of this code and
4-14 that the board determines will meet reasonably anticipated local
4-15 needs and conditions. The program may include but is not limited
4-16 to any or all of the following:
4-17 (1) restrictions on discretionary water uses, such as
4-18 lawn watering;
4-19 (2) plumbing code standards for water conservation in
4-20 new building construction;
4-21 (3) retrofit programs to improve water use efficiency
4-22 in existing buildings;
4-23 (4) educational programs;
4-24 (5) universal metering;
4-25 (6) conservation-oriented water rate structures;
4-26 (7) drought contingency plans; and
4-27 (8) distribution system leak detection and repair.
4-28 (c)<(d)> The board may not require a program of water
4-29 conservation to be adopted under Subsection (b) (c) of this section
4-30 if:
4-31 (1) an emergency exists as determined by the board;
4-32 (2) the amount of financial assistance to be provided
4-33 is $500,000 or less; or
4-34 (3) the applicant demonstrates and the board finds
4-35 that the submission of such a program is not reasonably necessary
4-36 to facilitate conservation or conservation measures.
4-37 (d)<(e)> To the extent funds are available, the board shall
4-38 establish an educational and technical assistance program to assist
4-39 political subdivisions in developing comprehensive water
4-40 conservation plans required by this section and other sections of
4-41 this code.
4-42 (e)<(f)> If the political subdivision will utilize the
4-43 project to furnish water or services to another political
4-44 subdivision that in turn will furnish the water or services to the
4-45 ultimate consumer, the requirements of the board relative to water
4-46 conservation can be met through contractual agreements between the
4-47 political subdivisions providing for establishment of a water
4-48 conservation plan and other measures.
4-49 (f)<(g)> Rules adopted under this section must state the
4-50 criteria for preparation, review, and enforcement of an applicant's
4-51 conservation program.
4-52 SECTION 15. Section 17.899(a), Water Code, is amended to
4-53 read as follows:
4-54 (a) The board may approve an application if, after
4-55 considering the factors in Section 17.898 and other relevant
4-56 factors, the board finds that:
4-57 (1) the public interest would be served in granting
4-58 the application;
4-59 (2) a lender district has the ability to make
4-60 conservation loans, manage a conservation loan program, and repay
4-61 the loan to the board;
4-62 (3) a borrower district has the ability to repay
4-63 <prepay> the conservation loan; and
4-64 (4) granting the application will further water
4-65 conservation in the state.
4-66 SECTION 16. The importance of this legislation and the
4-67 crowded condition of the calendars in both houses create an
4-68 emergency and an imperative public necessity that the
4-69 constitutional rule requiring bills to be read on three several
4-70 days in each house be suspended, and this rule is hereby suspended,
5-1 and that this Act take effect and be in force from and after its
5-2 passage, and it is so enacted.
5-3 * * * * *
5-4 Austin,
5-5 Texas
5-6 May 7, 1993
5-7 Hon. Bob Bullock
5-8 President of the Senate
5-9 Sir:
5-10 We, your Committee on Natural Resources to which was referred H.B.
5-11 No. 1269, have had the same under consideration, and I am
5-12 instructed to report it back to the Senate with the recommendation
5-13 that it do not pass, but that the Committee Substitute adopted in
5-14 lieu thereof do pass and be printed.
5-15 Sims,
5-16 Chairman
5-17 * * * * *
5-18 WITNESSES
5-19 FOR AGAINST ON
5-20 ___________________________________________________________________
5-21 Name: Dan A. Black x
5-22 Representing: Tx Water Development Board
5-23 City: Austin
5-24 -------------------------------------------------------------------
5-25 Name: Craig Pedersen x
5-26 Representing: Tx Water Development Board
5-27 City: Austin
5-28 -------------------------------------------------------------------