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.