1-1 By: Montford S.B. No. 768
1-2 (In the Senate - Filed February 27, 1995; February 27, 1995,
1-3 read first time and referred to Committee on Finance;
1-4 March 16, 1995, reported favorably by the following vote: Yeas 11,
1-5 Nays 0; March 16, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the recovery of the costs of administering the state
1-9 water pollution control revolving fund and additional state
1-10 revolving funds.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subchapter J, Chapter 15, Water Code, is amended
1-13 by adding Section 15.609 to read as follows:
1-14 Sec. 15.609. RECOVERY OF ADMINISTRATIVE COSTS. (a) The
1-15 board may charge a recipient of financial assistance from the
1-16 revolving fund or an additional state revolving fund an origination
1-17 fee and an annual fee. The board by rule shall set the fees at
1-18 amounts it considers necessary to recover the costs incurred by the
1-19 board in administering the revolving fund or an additional state
1-20 revolving fund that are not paid from that fund.
1-21 (b) The board may establish one or more operating funds to
1-22 finance the administration of the revolving fund or an additional
1-23 state revolving fund. An operating fund must be held outside the
1-24 state treasury and separate from the fund to which it relates. The
1-25 board shall deposit to the credit of the appropriate operating fund
1-26 the fees collected under Subsection (a). The board shall use money
1-27 deposited to the credit of an operating fund to pay the board's
1-28 costs of administering the revolving fund or additional state
1-29 revolving fund to which the operating fund relates, including the
1-30 cost of servicing debt obligations of recipients of financial
1-31 assistance made available from the revolving fund or additional
1-32 state revolving fund.
1-33 (c) The board may not transfer money in the revolving fund
1-34 or an additional state revolving fund to an operating fund, but the
1-35 board may transfer money in an operating fund to the revolving fund
1-36 or additional state revolving fund to which the operating fund
1-37 relates.
1-38 (d) Money in an operating fund shall be invested in
1-39 authorized investments as provided by board order, resolution, or
1-40 rule.
1-41 (e) The board may agree with the holder of a bond the
1-42 proceeds of which will be deposited in the revolving fund or an
1-43 additional state revolving fund that the board will use money in an
1-44 operating fund only as provided by this section.
1-45 SECTION 2. The importance of this legislation and the
1-46 crowded condition of the calendars in both houses create an
1-47 emergency and an imperative public necessity that the
1-48 constitutional rule requiring bills to be read on three several
1-49 days in each house be suspended, and this rule is hereby suspended,
1-50 and that this Act take effect and be in force from and after its
1-51 passage, and it is so enacted.
1-52 * * * * *