SRC-JXG S.B. 715 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 715
76R2560 MI-FBy: Truan
Border Affairs - Special
3/16/1999
As Filed


DIGEST 

Currently, under Texas law, the Texas Water Development Board (TWDB) has no
authority to ensure that contractors of an Economically Distressed Areas
Program (EDAP), including colonia projects, complete their work promptly or
suitably. TWDB in its capacity as the lending agency approves funding
through grants and loans pursuant to review and approval of the project
plans, and local subdivisions manage the projects. EDAP projects begin with
an application by a political subdivision for planning assistance which is
used to pay for facility planning, engineering and financial consultation.
S.B. 715 would authorize TWDB to adopt rules to govern the procurement of
engineering services for EDAP projects and the service selection process
for applying for EDAP assistance, and would authorize TWDB to terminate a
contract with a subdivision, if the project has not proceeded in a timely
manner. 
 
PURPOSE

As proposed, S.B. 715 authorizes the Texas Water Development Board to adopt
rules to govern Economically Distressed Areas Program projects. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to Texas Water Development Board in SECTION
1 (Section 15.407(d), Water Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 15.407, Water Code, by adding Subsections (c) (d)
and (j), as follows: 

(c) Provides that the selection process used by a political subdivision to
procure engineering services necessary for facility engineering is subject
to review by and approval of the executive administrator. Authorizes the
executive administrator to assist a political subdivision in the selection
of the provider of engineering services necessary for facility engineering
in economically distressed areas. 

(d) Authorizes the Texas Water Development Board (TWDB) to adopt rules
governing the procurement of facility engineering services by a political
subdivision awarded funds under this subchapter, and to adopt other rules
necessary to carry out TWDB's powers and duties under this subchapter. 

(j) Authorizes TWDB to terminate the contract with the political
subdivision and on behalf of and in consultation with the political
subdivision to perform or contract for facility engineering in the
economically distressed area, if TWDB determines that planning activities
undertaken by a political subdivision for which TWDB has committed funds
under this subchapter have been inadequate or not completed in a timely
manner. Redesignates existing Subsections (c)-(g) to Subsections (e)-(i).  

SECTION 2. Amends Section 17.927(b), Water Code, to require the application
and plan to include, on request of TWDB, a written determination by the
Texas Natural Resources Conservation Commission on the managerial,
financial, and technical capacity of the applicant to operate the system
for which assistance is being requested. Makes conforming changes. 
 
SECTION 3. Amends Sections 17.930(b) and (c), Water Code, to require TWDB
by resolution, after making the considerations provided by Section 17.929
of this code to approve or disapprove certain plans or applications.
Requires TWDB to notify the applicant in writing of its decision. Makes a
conforming change. 

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Makes application of this Act prospective.

SECTION 6. Emergency clause.