By Luna H.B. No. 3561
76R933 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to grant-making authority of the Texas Natural Resource
1-3 Conservation Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended
1-6 by adding Section 5.124 to read as follows:
1-7 Sec. 5.124. AUTHORITY TO AWARD GRANTS. (a) With the
1-8 consent of the commission, the executive director may award grants
1-9 for any purpose regarding resource conservation or environmental
1-10 protection in accordance with this section.
1-11 (b) The commission by rule shall establish procedures for
1-12 awarding a grant, for making any determination related to awarding
1-13 a grant, and for making grant payments.
1-14 (c) Each activity funded by a grant must directly relate to
1-15 a purpose specified in the grant. A grant may be awarded only for
1-16 a purpose consistent with the commission's jurisdiction and
1-17 purposes under law, including:
1-18 (1) the development or implementation of a
1-19 comprehensive conservation and management plan under Section 320,
1-20 Federal Water Pollution Control Act (42 U.S.C. Section 1330), for a
1-21 designated national estuary in this state;
1-22 (2) a demonstration project that involves new
1-23 techniques for pollution prevention, energy or resource
1-24 conservation, or waste management;
2-1 (3) an environmental purpose identified in a federal
2-2 grant that is intended as a pass-through grant;
2-3 (4) development or improvement of monitoring or
2-4 modeling techniques for water or air quality;
2-5 (5) support of a local air pollution program; or
2-6 (6) a study or program related to efforts to prevent
2-7 an area that is near nonattainment with federal air quality
2-8 standards from reaching nonattainment status.
2-9 (d) A grant may be awarded to any person that meets the
2-10 eligibility requirements of the grant. The executive director
2-11 shall establish eligibility requirements for each grant appropriate
2-12 to the purposes of and activities under the grant and the method
2-13 of selecting the recipient.
2-14 (e) Selection of grant recipients must be by solicitation of
2-15 a proposal or application except as provided by Subsections (f) and
2-16 (g). The executive director may specify any selection criterion
2-17 the executive director considers relevant to the grant. Selection
2-18 criteria must address:
2-19 (1) evaluation and scoring of:
2-20 (A) fiscal controls;
2-21 (B) project effectiveness;
2-22 (C) project cost; and
2-23 (D) previous experience with grants and
2-24 contracts; and
2-25 (2) the possibility and method of making multiple
2-26 awards.
2-27 (f) A grant may be made by direct award only if:
3-1 (1) the executive director determines that:
3-2 (A) selection of recipients by the solicitation
3-3 of proposals or applications is not feasible; and
3-4 (B) awarding the grant directly is in the best
3-5 interest of the state;
3-6 (2) eligibility for the grant is limited to:
3-7 (A) an agency or political subdivision of this
3-8 state or of another state;
3-9 (B) a state institution of higher learning of
3-10 this state or of another state, including any part or service of
3-11 the institution; or
3-12 (C) an agency of the United States; or
3-13 (3) the grant is awarded to a person established or
3-14 authorized to develop or implement a comprehensive conservation and
3-15 management plan under Section 320, Federal Water Pollution Control
3-16 Act (42 U.S.C. Section 1330), for a national estuary in this state.
3-17 (g) If a solicitation of a proposal is made for the purpose
3-18 of identifying a partner for a joint application for a federal
3-19 grant that is subsequently awarded to the commission, the executive
3-20 director is not required to make an additional solicitation for
3-21 entering into a pass-through grant with an identified partner.
3-22 (h) The executive director shall publish information
3-23 regarding a solicitation related to a grant to be awarded under
3-24 this section on the commission's electronic business daily in the
3-25 manner provided by Section 2155.074, Government Code, as added by
3-26 Section 1, Chapter 508, Acts of the 75th Legislature, Regular
3-27 Session, 1997.
4-1 (i) For a grant awarded under this section, the commission
4-2 may use:
4-3 (1) money appropriated for grant-making purposes;
4-4 (2) federal money granted for making pass-through
4-5 grants; and
4-6 (3) state or federal grant money appropriated for a
4-7 purpose that the executive director determines is consistent with a
4-8 purpose of the grant from the commission.
4-9 SECTION 2. (a) The changes in law made by Section 5.124,
4-10 Water Code, as added by this Act, apply only to a grant made by the
4-11 Texas Natural Resource Conservation Commission on or after the
4-12 effective date of this Act and to a grant being considered by the
4-13 Texas Natural Resource Conservation Commission on the effective
4-14 date of this Act.
4-15 (b) The changes in law made by Section 5.124, Water Code, as
4-16 added by this Act, do not affect the validity of or apply to a
4-17 grant the Texas Natural Resource Conservation Commission made
4-18 before the effective date of this Act.
4-19 (c) The commission may award a grant that, on the effective
4-20 date of this Act, is being considered under, or for which a
4-21 solicitation for proposals has been issued or an application has
4-22 been received under, authority other than Section 5.124, Water
4-23 Code, as added by this Act:
4-24 (1) under the other authority without regard to the
4-25 requirements of Section 5.124, Water Code; or
4-26 (2) under the authority of Section 5.124, Water Code,
4-27 notwithstanding that grant was considered, the solicitation was
5-1 issued, or the application was received under the other authority.
5-2 SECTION 3. This Act takes effect September 1, 1999.
5-3 SECTION 4. The importance of this legislation and the
5-4 crowded condition of the calendars in both houses create an
5-5 emergency and an imperative public necessity that the
5-6 constitutional rule requiring bills to be read on three several
5-7 days in each house be suspended, and this rule is hereby suspended.