1-1 By: Luna (Senate Sponsor - Truan) H.B. No. 3561 1-2 (In the Senate - Received from the House April 26, 1999; 1-3 April 27, 1999, read first time and referred to Committee on 1-4 Natural Resources; May 5, 1999, reported favorably by the following 1-5 vote: Yeas 6, Nays 0; May 5, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to grant-making authority of the Texas Natural Resource 1-9 Conservation Commission. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended 1-12 by adding Section 5.125 to read as follows: 1-13 Sec. 5.125. AUTHORITY TO AWARD GRANTS. (a) With the 1-14 consent of the commission, the executive director may award grants 1-15 for any purpose regarding resource conservation or environmental 1-16 protection in accordance with this section. 1-17 (b) The commission by rule shall establish procedures for 1-18 awarding a grant, for making any determination related to awarding 1-19 a grant, and for making grant payments. 1-20 (c) Each activity funded by a grant must directly relate to 1-21 a purpose specified in the grant. A grant may be awarded only for 1-22 a purpose consistent with the commission's jurisdiction and 1-23 purposes under law, including: 1-24 (1) the development or implementation of a 1-25 comprehensive conservation and management plan under Section 320, 1-26 Federal Water Pollution Control Act (33 U.S.C. Section 1330), for a 1-27 designated national estuary in this state; 1-28 (2) a demonstration project that involves new 1-29 techniques for pollution prevention, energy or resource 1-30 conservation, or waste management; 1-31 (3) an environmental purpose identified in a federal 1-32 grant that is intended as a pass-through grant; 1-33 (4) development or improvement of monitoring or 1-34 modeling techniques for water or air quality; 1-35 (5) support of a local air pollution program; or 1-36 (6) a study or program related to efforts to prevent 1-37 an area that is near nonattainment with federal air quality 1-38 standards from reaching nonattainment status. 1-39 (d) A grant may be awarded to any person that meets the 1-40 eligibility requirements of the grant. The executive director 1-41 shall establish eligibility requirements for each grant appropriate 1-42 to the purposes of and activities under the grant and the method 1-43 of selecting the recipient. 1-44 (e) Selection of grant recipients must be by solicitation of 1-45 a proposal or application except as provided by Subsections (f) and 1-46 (g). The executive director may specify any selection criterion 1-47 the executive director considers relevant to the grant. Selection 1-48 criteria must address: 1-49 (1) evaluation and scoring of: 1-50 (A) fiscal controls; 1-51 (B) project effectiveness; 1-52 (C) project cost; and 1-53 (D) previous experience with grants and 1-54 contracts; and 1-55 (2) the possibility and method of making multiple 1-56 awards. 1-57 (f) A grant may be made by direct award only if: 1-58 (1) the executive director determines that: 1-59 (A) selection of recipients by the solicitation 1-60 of proposals or applications is not feasible; and 1-61 (B) awarding the grant directly is in the best 1-62 interest of the state; 1-63 (2) eligibility for the grant is limited to: 1-64 (A) an agency or political subdivision of this 2-1 state or of another state; 2-2 (B) a state institution of higher learning of 2-3 this state or of another state, including any part or service of 2-4 the institution; or 2-5 (C) an agency of the United States; or 2-6 (3) the grant is awarded to a person established or 2-7 authorized to develop or implement a comprehensive conservation and 2-8 management plan under Section 320, Federal Water Pollution Control 2-9 Act (33 U.S.C. Section 1330), for a national estuary in this state. 2-10 (g) If a solicitation of a proposal is made for the purpose 2-11 of identifying a partner for a joint application for a federal 2-12 grant that is subsequently awarded to the commission, the executive 2-13 director is not required to make an additional solicitation for 2-14 entering into a pass-through grant with an identified partner. 2-15 (h) The executive director shall publish information 2-16 regarding a solicitation related to a grant to be awarded under 2-17 this section on the commission's electronic business daily in the 2-18 manner provided by Section 2155.074, Government Code, as added by 2-19 Section 1, Chapter 508, Acts of the 75th Legislature, Regular 2-20 Session, 1997. 2-21 (i) For a grant awarded under this section, the commission 2-22 may use: 2-23 (1) money appropriated for grant-making purposes; 2-24 (2) federal money granted for making pass-through 2-25 grants; and 2-26 (3) state or federal grant money appropriated for a 2-27 purpose that the executive director determines is consistent with a 2-28 purpose of the grant from the commission. 2-29 SECTION 2. (a) The changes in law made by Section 5.125, 2-30 Water Code, as added by this Act, apply only to a grant made by the 2-31 Texas Natural Resource Conservation Commission on or after the 2-32 effective date of this Act and to a grant being considered by the 2-33 Texas Natural Resource Conservation Commission on the effective 2-34 date of this Act. 2-35 (b) The changes in law made by Section 5.125, Water Code, as 2-36 added by this Act, do not affect the validity of or apply to a 2-37 grant the Texas Natural Resource Conservation Commission made 2-38 before the effective date of this Act. 2-39 (c) The commission may award a grant that, on the effective 2-40 date of this Act, is being considered under, or for which a 2-41 solicitation for proposals has been issued or an application has 2-42 been received under, authority other than Section 5.125, Water 2-43 Code, as added by this Act: 2-44 (1) under the other authority without regard to the 2-45 requirements of Section 5.125, Water Code; or 2-46 (2) under the authority of Section 5.125, Water Code, 2-47 notwithstanding that grant was considered, the solicitation was 2-48 issued, or the application was received under the other authority. 2-49 SECTION 3. This Act takes effect September 1, 1999. 2-50 SECTION 4. The importance of this legislation and the 2-51 crowded condition of the calendars in both houses create an 2-52 emergency and an imperative public necessity that the 2-53 constitutional rule requiring bills to be read on three several 2-54 days in each house be suspended, and this rule is hereby suspended. 2-55 * * * * *