1-1 By: Lewis of Orange (Senate Sponsor - Brown) H.B. No. 2401 1-2 (In the Senate - Received from the House April 23, 2001; 1-3 April 24, 2001, read first time and referred to Committee on 1-4 Natural Resources; May 2, 2001, reported favorably by the following 1-5 vote: Yeas 6, Nays 0; May 2, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to programs and funding methods that promote water 1-9 conservation among certain state and local entities. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Section 373.005(b), Local Government Code, is 1-12 amended to read as follows: 1-13 (b) A community development program may include: 1-14 (1) acquisition of real property, including air 1-15 rights, water rights, and other interests in real property, that: 1-16 (A) is blighted, deteriorated, deteriorating, 1-17 undeveloped, or inappropriately developed from the standpoint of 1-18 sound community development and growth; 1-19 (B) is appropriate for rehabilitation or 1-20 conservation activities; 1-21 (C) is appropriate for the preservation or 1-22 restoration of historic sites, the beautification of urban land, or 1-23 the conservation of open spaces, natural resources, and scenic 1-24 areas; 1-25 (D) is appropriate for the provision of 1-26 recreational opportunities or the guidance of urban development; or 1-27 (E) is to be used for the provision of public 1-28 works, facilities, or other improvements eligible for assistance 1-29 under this chapter or is to be used for other public purposes; 1-30 (2) acquisition, construction, reconstruction, or 1-31 installation of public works, facilities, sites, or other 1-32 improvements, including construction, reconstruction, or 1-33 installation that implements design features or makes improvements 1-34 that promote energy or water use efficiency; 1-35 (3) municipal code enforcement in a deteriorated or 1-36 deteriorating area in which enforcement, combined with public 1-37 improvements and public services, may stop the decline of the area; 1-38 (4) clearance, demolition, removal, and rehabilitation 1-39 of buildings and improvements, including rehabilitation that 1-40 promotes energy or water use efficiency, including assistance in 1-41 and financing of public or private acquisition of those properties 1-42 for rehabilitation, and including the renovation of closed school 1-43 buildings; 1-44 (5) rehabilitation of privately owned properties; 1-45 (6) special projects related to the removal of 1-46 barriers that restrict the mobility of elderly and handicapped 1-47 persons; 1-48 (7) payments to housing owners for losses of rental 1-49 income incurred in holding for temporary periods housing units used 1-50 for the relocation of persons displaced by programs conducted under 1-51 this chapter; 1-52 (8) disposition, by sale, lease, donation, or 1-53 otherwise, of real property acquired under this chapter, or the 1-54 retention of the property for public purposes; 1-55 (9) provision of public services not otherwise 1-56 available if the services are designed to improve the community's 1-57 public services and facilities, including services related to 1-58 employment opportunities, economic development, crime prevention, 1-59 child care, health, drug abuse, education, welfare, or recreational 1-60 needs of persons residing in those areas, or are designed to 1-61 coordinate public and private development programs; 1-62 (10) payment of the nonfederal share required in 1-63 connection with a federal grant-in-aid program undertaken as part 1-64 of a local community development program; 2-1 (11) payment of the cost of completing a project 2-2 funded under Title I of the Housing Act of 1949 (42 U.S.C.A. 2-3 Section 1450 et seq.) or a federally assisted new community 2-4 assisted by loan guarantees under Title X of the National Housing 2-5 Act (12 U.S.C.A. Section 1749aa et seq.) if a portion of the 2-6 federally assisted area has received grants under Section 107(A)(1) 2-7 of the Housing and Community Development Act of 1974 (42 U.S.C.A. 2-8 Section 5307(a)(1)); 2-9 (12) relocation payments and assistance for 2-10 individuals, families, businesses, organizations, and farm 2-11 operations if determined by the municipality to be appropriate; 2-12 (13) activities necessary to develop a comprehensive 2-13 community development plan and to develop a 2-14 policy-planning-management capacity in order that recipients of 2-15 assistance under this chapter may more rationally and effectively 2-16 determine their needs, set long-term goals and short-term 2-17 objectives, devise programs and activities to meet those goals and 2-18 objectives, evaluate the progress of the programs, and carry out 2-19 management, coordination, and monitoring of activities necessary 2-20 for effective implementation of the programs; 2-21 (14) payment of reasonable administrative costs and 2-22 carrying charges related to the planning and execution of community 2-23 development and housing activities, including the provision of 2-24 information and resources to residents of areas in which community 2-25 development and housing activities are to be concentrated with 2-26 respect to the planning and execution of those activities and 2-27 including the carrying out of activities described by Section 2-28 701(e) of the Housing Act of 1954 on the day before the date of the 2-29 enactment of the federal Housing and Community Development 2-30 Amendments of 1981; 2-31 (15) activities that are conducted by public or 2-32 private entities if the activities are necessary or appropriate to 2-33 meet the needs and objectives of the community development plan, 2-34 including: 2-35 (A) acquisition of real property; 2-36 (B) acquisition, construction, reconstruction, 2-37 rehabilitation, or installation of public facilities, site 2-38 improvements, utilities, commercial or industrial buildings or 2-39 other structures, or other commercial or industrial real property 2-40 improvements; and 2-41 (C) planning; 2-42 (16) grants to: 2-43 (A) neighborhood-based nonprofit organizations, 2-44 local development corporations, or other entities organized to 2-45 implement neighborhood revitalization projects, community economic 2-46 development projects, or energy or water conservation projects; 2-47 (B) federally assisted new communities; or 2-48 (C) neighborhood-based nonprofit organizations 2-49 or other private or public nonprofit organizations for the purpose 2-50 of assisting, as part of neighborhood revitalization or other 2-51 community development, the development of shared housing 2-52 opportunities in which elderly families benefit as a result of 2-53 living in a dwelling in which facilities are shared with others in 2-54 a manner that effectively and efficiently meets the housing needs 2-55 of the residents and as a result reduces their cost of housing; 2-56 (17) provision of assistance to private, for-profit 2-57 entities if the assistance is necessary or appropriate to carry out 2-58 an economic development project; and 2-59 (18) the rehabilitation or development of housing 2-60 assisted under Section 17 of the United States Housing Act of 1937. 2-61 SECTION 2. Section 61.0591(c), Education Code, is amended to 2-62 read as follows: 2-63 (c) The board shall allocate incentive funding, as a 2-64 percentage of base funding, among institutions of higher education 2-65 for the purpose of rewarding institutions achieving goals set by 2-66 the board in relation to: 2-67 (1) minority recruitment, retention, and academic 2-68 standards maintenance; 2-69 (2) graduation rates and maintenance of academic 3-1 standards; 3-2 (3) commitment to liberal arts core curriculum; 3-3 (4) commitment to continuing education; 3-4 (5) energy conservation and water conservation, 3-5 rainwater harvesting, and water reuse; 3-6 (6) improvements toward maximum utilization of campus 3-7 facilities; 3-8 (7) commitment to renovation and maintenance of 3-9 facilities; 3-10 (8) development of articulation arrangements; 3-11 (9) proportion of accredited academic programs; 3-12 (10) assessed performance of graduates as a measure of 3-13 general education outcome, including assessments based on 3-14 standardized examination performance; 3-15 (11) assessed performance of graduates as a measure of 3-16 specialized education outcome, including assessments based on 3-17 professional licensing examination performance; 3-18 (12) evaluation of instructional programs through 3-19 surveys of students, graduates, the general public, and employers; 3-20 (13) continuing and systematic peer evaluation of 3-21 academic and research programs by scholars from other institutions; 3-22 (14) progress toward or attainment of long-range 3-23 planning goals; and 3-24 (15) compliance with the management policies required 3-25 by Section 61.0651 of this code. 3-26 SECTION 3. Section 2303.304(b), Government Code, is amended 3-27 to read as follows: 3-28 (b) A neighborhood enterprise association with the approval 3-29 of and in coordination with the responsible state or local 3-30 governmental entity may: 3-31 (1) establish crime watch patrols in the association's 3-32 geographic neighborhood area; 3-33 (2) establish volunteer day-care centers; 3-34 (3) organize recreational activities for the 3-35 association's geographic neighborhood area youth; 3-36 (4) provide garbage collection; 3-37 (5) maintain and improve streets, bridges, and water 3-38 and sewer lines; 3-39 (6) provide energy or water conservation projects; 3-40 (7) provide health and clinic services; 3-41 (8) provide drug abuse programs; 3-42 (9) provide senior citizen assistance programs; 3-43 (10) maintain parks; 3-44 (11) rehabilitate, renovate, operate, or maintain low 3-45 or moderate income housing; and 3-46 (12) provide other types of public services as 3-47 authorized by law or rule. 3-48 SECTION 4. This Act takes effect September 1, 2001. 3-49 * * * * *