1-1 AN ACT 1-2 relating to programs and funding methods that promote water 1-3 conservation among certain state and local entities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 373.005(b), Local Government Code, is 1-6 amended to read as follows: 1-7 (b) A community development program may include: 1-8 (1) acquisition of real property, including air 1-9 rights, water rights, and other interests in real property, that: 1-10 (A) is blighted, deteriorated, deteriorating, 1-11 undeveloped, or inappropriately developed from the standpoint of 1-12 sound community development and growth; 1-13 (B) is appropriate for rehabilitation or 1-14 conservation activities; 1-15 (C) is appropriate for the preservation or 1-16 restoration of historic sites, the beautification of urban land, or 1-17 the conservation of open spaces, natural resources, and scenic 1-18 areas; 1-19 (D) is appropriate for the provision of 1-20 recreational opportunities or the guidance of urban development; or 1-21 (E) is to be used for the provision of public 1-22 works, facilities, or other improvements eligible for assistance 1-23 under this chapter or is to be used for other public purposes; 1-24 (2) acquisition, construction, reconstruction, or 2-1 installation of public works, facilities, sites, or other 2-2 improvements, including construction, reconstruction, or 2-3 installation that implements design features or makes improvements 2-4 that promote energy or water use efficiency; 2-5 (3) municipal code enforcement in a deteriorated or 2-6 deteriorating area in which enforcement, combined with public 2-7 improvements and public services, may stop the decline of the area; 2-8 (4) clearance, demolition, removal, and rehabilitation 2-9 of buildings and improvements, including rehabilitation that 2-10 promotes energy or water use efficiency, including assistance in 2-11 and financing of public or private acquisition of those properties 2-12 for rehabilitation, and including the renovation of closed school 2-13 buildings; 2-14 (5) rehabilitation of privately owned properties; 2-15 (6) special projects related to the removal of 2-16 barriers that restrict the mobility of elderly and handicapped 2-17 persons; 2-18 (7) payments to housing owners for losses of rental 2-19 income incurred in holding for temporary periods housing units used 2-20 for the relocation of persons displaced by programs conducted under 2-21 this chapter; 2-22 (8) disposition, by sale, lease, donation, or 2-23 otherwise, of real property acquired under this chapter, or the 2-24 retention of the property for public purposes; 2-25 (9) provision of public services not otherwise 2-26 available if the services are designed to improve the community's 2-27 public services and facilities, including services related to 3-1 employment opportunities, economic development, crime prevention, 3-2 child care, health, drug abuse, education, welfare, or recreational 3-3 needs of persons residing in those areas, or are designed to 3-4 coordinate public and private development programs; 3-5 (10) payment of the nonfederal share required in 3-6 connection with a federal grant-in-aid program undertaken as part 3-7 of a local community development program; 3-8 (11) payment of the cost of completing a project 3-9 funded under Title I of the Housing Act of 1949 (42 U.S.C.A. 3-10 Section 1450 et seq.) or a federally assisted new community 3-11 assisted by loan guarantees under Title X of the National Housing 3-12 Act (12 U.S.C.A. Section 1749aa et seq.) if a portion of the 3-13 federally assisted area has received grants under Section 107(A)(1) 3-14 of the Housing and Community Development Act of 1974 (42 U.S.C.A. 3-15 Section 5307(a)(1)); 3-16 (12) relocation payments and assistance for 3-17 individuals, families, businesses, organizations, and farm 3-18 operations if determined by the municipality to be appropriate; 3-19 (13) activities necessary to develop a comprehensive 3-20 community development plan and to develop a 3-21 policy-planning-management capacity in order that recipients of 3-22 assistance under this chapter may more rationally and effectively 3-23 determine their needs, set long-term goals and short-term 3-24 objectives, devise programs and activities to meet those goals and 3-25 objectives, evaluate the progress of the programs, and carry out 3-26 management, coordination, and monitoring of activities necessary 3-27 for effective implementation of the programs; 4-1 (14) payment of reasonable administrative costs and 4-2 carrying charges related to the planning and execution of community 4-3 development and housing activities, including the provision of 4-4 information and resources to residents of areas in which community 4-5 development and housing activities are to be concentrated with 4-6 respect to the planning and execution of those activities and 4-7 including the carrying out of activities described by Section 4-8 701(e) of the Housing Act of 1954 on the day before the date of the 4-9 enactment of the federal Housing and Community Development 4-10 Amendments of 1981; 4-11 (15) activities that are conducted by public or 4-12 private entities if the activities are necessary or appropriate to 4-13 meet the needs and objectives of the community development plan, 4-14 including: 4-15 (A) acquisition of real property; 4-16 (B) acquisition, construction, reconstruction, 4-17 rehabilitation, or installation of public facilities, site 4-18 improvements, utilities, commercial or industrial buildings or 4-19 other structures, or other commercial or industrial real property 4-20 improvements; and 4-21 (C) planning; 4-22 (16) grants to: 4-23 (A) neighborhood-based nonprofit organizations, 4-24 local development corporations, or other entities organized to 4-25 implement neighborhood revitalization projects, community economic 4-26 development projects, or energy or water conservation projects; 4-27 (B) federally assisted new communities; or 5-1 (C) neighborhood-based nonprofit organizations 5-2 or other private or public nonprofit organizations for the purpose 5-3 of assisting, as part of neighborhood revitalization or other 5-4 community development, the development of shared housing 5-5 opportunities in which elderly families benefit as a result of 5-6 living in a dwelling in which facilities are shared with others in 5-7 a manner that effectively and efficiently meets the housing needs 5-8 of the residents and as a result reduces their cost of housing; 5-9 (17) provision of assistance to private, for-profit 5-10 entities if the assistance is necessary or appropriate to carry out 5-11 an economic development project; and 5-12 (18) the rehabilitation or development of housing 5-13 assisted under Section 17 of the United States Housing Act of 1937. 5-14 SECTION 2. Section 61.0591(c), Education Code, is amended to 5-15 read as follows: 5-16 (c) The board shall allocate incentive funding, as a 5-17 percentage of base funding, among institutions of higher education 5-18 for the purpose of rewarding institutions achieving goals set by 5-19 the board in relation to: 5-20 (1) minority recruitment, retention, and academic 5-21 standards maintenance; 5-22 (2) graduation rates and maintenance of academic 5-23 standards; 5-24 (3) commitment to liberal arts core curriculum; 5-25 (4) commitment to continuing education; 5-26 (5) energy conservation and water conservation, 5-27 rainwater harvesting, and water reuse; 6-1 (6) improvements toward maximum utilization of campus 6-2 facilities; 6-3 (7) commitment to renovation and maintenance of 6-4 facilities; 6-5 (8) development of articulation arrangements; 6-6 (9) proportion of accredited academic programs; 6-7 (10) assessed performance of graduates as a measure of 6-8 general education outcome, including assessments based on 6-9 standardized examination performance; 6-10 (11) assessed performance of graduates as a measure of 6-11 specialized education outcome, including assessments based on 6-12 professional licensing examination performance; 6-13 (12) evaluation of instructional programs through 6-14 surveys of students, graduates, the general public, and employers; 6-15 (13) continuing and systematic peer evaluation of 6-16 academic and research programs by scholars from other institutions; 6-17 (14) progress toward or attainment of long-range 6-18 planning goals; and 6-19 (15) compliance with the management policies required 6-20 by Section 61.0651 of this code. 6-21 SECTION 3. Section 2303.304(b), Government Code, is amended 6-22 to read as follows: 6-23 (b) A neighborhood enterprise association with the approval 6-24 of and in coordination with the responsible state or local 6-25 governmental entity may: 6-26 (1) establish crime watch patrols in the association's 6-27 geographic neighborhood area; 7-1 (2) establish volunteer day-care centers; 7-2 (3) organize recreational activities for the 7-3 association's geographic neighborhood area youth; 7-4 (4) provide garbage collection; 7-5 (5) maintain and improve streets, bridges, and water 7-6 and sewer lines; 7-7 (6) provide energy or water conservation projects; 7-8 (7) provide health and clinic services; 7-9 (8) provide drug abuse programs; 7-10 (9) provide senior citizen assistance programs; 7-11 (10) maintain parks; 7-12 (11) rehabilitate, renovate, operate, or maintain low 7-13 or moderate income housing; and 7-14 (12) provide other types of public services as 7-15 authorized by law or rule. 7-16 SECTION 4. This Act takes effect September 1, 2001. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2401 was passed by the House on April 20, 2001, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 2401 was passed by the Senate on May 10, 2001, by the following vote: Yeas 29, Nays 0, 1 present, not voting. _______________________________ Secretary of the Senate APPROVED: __________________________ Date __________________________ Governor