By:  Montford                                          S.B. No. 879
       73R5450 MI-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to financial assistance for and economic development of
    1-3  economically distressed areas and border counties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  The legislature finds that:
    1-6              (1)  an adequate water supply and wastewater
    1-7  infrastructure is necessary and integral to the long-term economic
    1-8  growth and industrial development in the counties eligible for
    1-9  funding under the economically distressed areas program;
   1-10              (2)  economically distressed areas, by definition, are
   1-11  located in counties in which unemployment over the most recent
   1-12  three consecutive years averages 25 percent above the statewide
   1-13  average and in which the per capita income for the most recent
   1-14  three consecutive years averaged 25 percent below the state
   1-15  average;
   1-16              (3)  the further implementation of the economically
   1-17  distressed areas program can provide greater benefits to the
   1-18  long-term economic growth of the areas eligible for that funding by
   1-19  considering the feasibility of regional facilities for water supply
   1-20  and wastewater service;
   1-21              (4)  innovative science and technologies have been and
   1-22  will be further advanced through the use of funds provided by the
   1-23  economically distressed areas program; and
   1-24              (5)  the state, in cooperation with local governments
    2-1  in counties with economically distressed areas, working with the
    2-2  water research and technology community and with funds that may be
    2-3  received from the federal government, has used and can continue to
    2-4  use the funds made available in the economically distressed areas
    2-5  program to create innovations in the provision of water supply and
    2-6  wastewater service.
    2-7        SECTION 2.  Section 15.001(11), Water Code, is amended to
    2-8  read as follows:
    2-9              (11)  "Economically distressed area" means:
   2-10                    (A)  an area in which water supply or sewer
   2-11  services are inadequate to meet minimal needs of residential users
   2-12  as defined by board rules and in which financial resources are
   2-13  inadequate to provide water supply or sewer services that will
   2-14  satisfy those needs; or
   2-15                    (B)  for purposes of any federal funds received
   2-16  for assistance for low-income areas and deposited into the water
   2-17  assistance fund, an area that meets the federal criteria for use of
   2-18  the federal funds.
   2-19        SECTION 3.  Section 15.012(b), Water Code, is amended to read
   2-20  as follows:
   2-21        (b)  Money <Revenues accumulated pursuant to Article VIII,
   2-22  Section 24(b), of the Texas Constitution and money> appropriated by
   2-23  the legislature to the fund shall be deposited in this fund.  Gifts
   2-24  or grants from the federal government, state agencies, local or
   2-25  regional governments, private sources, or other sources may be
   2-26  deposited in this fund.
   2-27        SECTION 4.  Section 17.0112(a), Water Code, is amended to
    3-1  read as follows:
    3-2        (a)  The board may issue not more than $25 million in bonds
    3-3  dedicated under Section 17.0111 of this code during a fiscal
    3-4  <calendar> year to provide financial assistance for water supply
    3-5  and sewer services as provided under Subchapter K of this chapter.
    3-6        SECTION 5.  Section 17.072(j), Water Code, is amended to read
    3-7  as follows:
    3-8        (j)  Proceeds from the sale of bonds pursuant to Section
    3-9  17.0111 of this code, together with proceeds, other than accrued
   3-10  interest, from the sale, refunding, or prepayment of political
   3-11  subdivision bonds acquired in carrying out the purposes provided by
   3-12  Subchapter K of this chapter, shall be deposited in a special
   3-13  account in the development fund designated as the economically
   3-14  distressed areas account, with other money for deposit in that
   3-15  account as provided by this chapter, the General Appropriations
   3-16  Act, or other law of this state.  Money from gifts or grants from
   3-17  the federal government, state agencies, local or regional
   3-18  governments, private sources, or other sources for the purposes of
   3-19  assisting economically distressed areas also may be deposited into
   3-20  the economically distressed areas account.  Within the economically
   3-21  distressed areas account, separate accounts may be created for
   3-22  bonds issued for purposes of Article III, Section 49-c, of the
   3-23  Texas Constitution, and bonds issued for purposes of Article III,
   3-24  Section 49-d-1, of the Texas Constitution.
   3-25        SECTION 6.  Section 17.922, Water Code, is amended to read as
   3-26  follows:
   3-27        Sec. 17.922.  Financial Assistance.  The economically
    4-1  distressed areas account may be used by the board to provide
    4-2  financial assistance to political subdivisions for the
    4-3  construction, acquisition, or improvement of water supply and sewer
    4-4  services, including providing funds from the account for the
    4-5  state's participation in federal programs that provide assistance
    4-6  to political subdivisions.  To the extent practicable, the board
    4-7  shall use the money in the economically distressed areas account in
    4-8  conjunction with other financial assistance available through the
    4-9  board to encourage the use of cost-effective water supply and
   4-10  wastewater systems, including regional systems, to maximize the
   4-11  long-term economic development of counties eligible for financial
   4-12  assistance under the economically distressed areas program.
   4-13        SECTION 7.  Section 17.924, Water Code, is amended to read as
   4-14  follows:
   4-15        Sec. 17.924.  Municipality Eligible for Financial Assistance.
   4-16  A municipality that is located in a county that is eligible for
   4-17  financial assistance under Section 17.923 <17.883> of this code is
   4-18  eligible for financial assistance under this subchapter if the
   4-19  municipality adopts the model rules developed under Section 16.343
   4-20  of this code.
   4-21        SECTION 8.  Section 17.929(a), Water Code, is amended to read
   4-22  as follows:
   4-23        (a)  In passing on an application for financial assistance,
   4-24  the board shall consider:
   4-25              (1)  the need of the economically distressed area to be
   4-26  served by the water supply and sewer services in relation to the
   4-27  need of other political subdivisions requiring financial assistance
    5-1  under this subchapter and the relative costs and benefits of all
    5-2  applications;
    5-3              (2)  efforts by the residents of the economically
    5-4  distressed area to provide necessary water supply and sewer
    5-5  services;
    5-6              (3)  the proposed use of labor from inside the
    5-7  political subdivision to perform contracts for providing water
    5-8  supply and sewer services;
    5-9              (4)  the relationship of the proposed water supply and
   5-10  sewer services to minimum state standards for water supply and
   5-11  sewer services adopted under Section 16.343 of this code;
   5-12              (5)  the financing of the proposed water supply and
   5-13  sewer project including consideration of:
   5-14                    (A)  the budget and repayment schedule submitted
   5-15  under Section 17.927(b)(4) <17.887(b)(4)> of this code;
   5-16                    (B)  other items included in the application
   5-17  relating to financing; and
   5-18                    (C)  other financial information and data
   5-19  available to the board;<.>
   5-20              (6)  whether the applicant has proposed methods for
   5-21  incorporating water conservation into the provision of water and
   5-22  sewer services to the economically distressed area;
   5-23              (7)  whether the county as adopted model rules pursuant
   5-24  to Section 16.343 of this code and the manner of enforcement of
   5-25  model rules;
   5-26              (8)  the feasibility of creating a conservation and
   5-27  reclamation district under Article XVI, Section 59, of the Texas
    6-1  Constitution, to provide the services and finance the water supply
    6-2  and sewer services covered by the application with district bonds
    6-3  issued and sold through the regular bond market; <and>
    6-4              (9)  the percentage of the total project cost that the
    6-5  financial assistance will comprise; and
    6-6              (10)  the feasibility of achieving cost savings by
    6-7  providing a regional facility for water supply or wastewater
    6-8  service and of financing that facility by using money from the
    6-9  economically distressed areas account or any other financial
   6-10  assistance.
   6-11        SECTION 9.  Section 17.930(b), Water Code, is amended to read
   6-12  as follows:
   6-13        (b)  After making the considerations provided by Section
   6-14  17.929 <17.889> of this code, the board by resolution shall approve
   6-15  or disapprove the application and shall notify the applicant in
   6-16  writing of its decision.
   6-17        SECTION 10.  Sections 17.933(a), (c), (d), and (e), Water
   6-18  Code, are amended to read as follows:
   6-19        (a)  The board may use money in the economically distressed
   6-20  areas account to provide financial assistance to a political
   6-21  subdivision to be repaid in the form, manner, and time provided by
   6-22  board rules and in the agreement between the board and the
   6-23  political subdivision taking into consideration the information
   6-24  provided by Section 17.927 <17.887>(b)(7) of this code.
   6-25        (c)  The total amount of financial assistance provided by the
   6-26  board to political subdivisions under this subchapter from
   6-27  state-issued bonds for which repayment is not required may not
    7-1  exceed at any time 75 percent of the total principal amount of
    7-2  issued and unissued bonds authorized under Article III, Section
    7-3  49-d-7, of the Texas Constitution, for purposes of this subchapter
    7-4  plus outstanding interest on those bonds.
    7-5        (d)  In determining the amount and form of financial
    7-6  assistance and the amount and form of repayment, if any, the board
    7-7  shall consider:
    7-8              (1)  rates, fees, and charges that the average customer
    7-9  to be served by the project will be able to pay based on a
   7-10  comparison of what other families of similar income who are
   7-11  similarly situated pay for comparable services;
   7-12              (2)  sources of funding available to the political
   7-13  subdivision from federal and private funds and from other state
   7-14  funds; and
   7-15              (3)  any local funds of the political subdivision to be
   7-16  served by the project if the economically distressed area to be
   7-17  served by the board's financial assistance is within the boundary
   7-18  of the political subdivision; and
   7-19              (4)  the funding necessary for the applicant to realize
   7-20  any cost savings that may be achieved by providing a regional
   7-21  facility for water supply or wastewater service for areas beyond
   7-22  the economically distressed area under consideration.
   7-23        (e)  In making its determination under Subsection
   7-24  (d) <(b)>(1) of this section, the board may consider any study,
   7-25  survey, data, criteria, or standard developed or prepared by any
   7-26  federal, state, or local agency, private foundation, banking or
   7-27  financial institution, or other reliable source of statistical or
    8-1  financial data or information.
    8-2        SECTION 11.  The importance of this legislation and the
    8-3  crowded condition of the calendars in both houses create an
    8-4  emergency and an imperative public necessity that the
    8-5  constitutional rule requiring bills to be read on three several
    8-6  days in each house be suspended, and this rule is hereby suspended,
    8-7  and that this Act take effect and be in force from and after its
    8-8  passage, and it is so enacted.