77R11805 QS-D
By Chisum, Counts, Bosse, Gallego, McCall H.B. No. 3017
Substitute the following for H.B. No. 3017:
By Counts C.S.H.B. No. 3017
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the review and functions of the Texas Water Development
1-3 Board.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 6.013, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 6.013. SUNSET PROVISION. The Texas Water Development
1-8 Board is subject to review under Chapter 325, Government Code
1-9 (Texas Sunset Act), but is not abolished under that chapter. The
1-10 board shall be reviewed during the period in which state agencies
1-11 abolished in 2013 [2001] and every 12th year after 2013 [2001] are
1-12 reviewed.
1-13 SECTION 2. Section 6.052(c), Water Code, is amended to read
1-14 as follows:
1-15 (c) Appointments to the board shall be made without regard
1-16 to the race, color, disability [handicap], sex, religion, age, or
1-17 national origin of the appointees.
1-18 SECTION 3. Sections 6.054, 6.057, and 6.058, Water Code, are
1-19 amended to read as follows:
1-20 Sec. 6.054. REMOVAL OF BOARD MEMBERS. (a) It is a ground
1-21 for removal from the board that [if] a member:
1-22 (1) does not have at the time of taking office
1-23 [appointment] the qualifications required for appointment to the
1-24 board;
2-1 (2) does not maintain during [the] service on the
2-2 board the qualifications required for appointment to the board;
2-3 (3) is ineligible for membership under [violates a
2-4 prohibition established by] Sections 6.053, 6.057, and 6.058 [of
2-5 this code];
2-6 (4) cannot, because of illness or disability, [is
2-7 unable to] discharge the member's [his] duties for a substantial
2-8 part [portion] of the member's term [for which he was appointed
2-9 because of illness or disability]; or
2-10 (5) is absent from more than half [one-half] of the
2-11 regularly scheduled board meetings that the member is eligible to
2-12 attend during a [each] calendar year without an excuse approved[,
2-13 except when the absence is excused] by a majority vote of the
2-14 board.
2-15 (b) The validity of an action of the board is not affected
2-16 by the fact that it is [was] taken when a ground for removal of a
2-17 board member exists [of the board existed].
2-18 (c) If the executive administrator [a board member] has
2-19 knowledge that a potential ground for removal exists, the executive
2-20 administrator [he] shall notify the chairman of the board of the
2-21 potential [that] ground. The chairman of the board shall then
2-22 notify the governor and the attorney general that a potential
2-23 ground for removal exists. If the potential ground for removal
2-24 includes the chairman of the board, the executive administrator
2-25 shall notify the next highest ranking officer of the board, who
2-26 shall then notify the governor and the attorney general that a
2-27 potential ground for removal exists.
3-1 Sec. 6.057. CONFLICT OF INTEREST. (a) In this section,
3-2 "Texas trade association" means a cooperative and voluntarily
3-3 joined association of business or professional competitors in this
3-4 state designed to assist its members and its industry or profession
3-5 in dealing with mutual business or professional problems and in
3-6 promoting their common interest.
3-7 (b) A person may not be a member of the board and may not be
3-8 a board employee employed in a "bona fide executive,
3-9 administrative, or professional capacity," as that phrase is used
3-10 for purposes of establishing an exemption to the overtime
3-11 provisions of the federal Fair Labor Standards Act of 1938 (29
3-12 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
3-13 (1) the person is an officer, employee, or paid
3-14 consultant of a Texas trade association in the field of water
3-15 planning or water financing; or
3-16 (2) the person's spouse is an officer, employee, or
3-17 paid consultant of a Texas trade association in the field of water
3-18 planning or water financing. [An officer, employee, or paid
3-19 consultant of a trade association in an industry regulated by the
3-20 board may not be a member or employee of the board, nor may a
3-21 person who cohabits with or is the spouse of an officer, managerial
3-22 employee, or paid consultant of a trade association in an industry
3-23 regulated by the board be a member of the board or an employee of
3-24 the board grade 17 or over, including exempt employees, according
3-25 to the position classification schedule under the General
3-26 Appropriations Act.]
3-27 Sec. 6.058. LOBBYIST PROHIBITION. A person may not be a
4-1 member of the board or act as the general counsel to the board if
4-2 the person [who] is required to register as a lobbyist under
4-3 Chapter 305, Government Code, because of the person's [by virtue of
4-4 his] activities for compensation [in or] on behalf of a profession
4-5 related to the operation of the board [may not serve as a member of
4-6 the board or act as the general counsel to the board].
4-7 SECTION 4. Section 6.060, Water Code, is amended by adding
4-8 Subsection (d) to read as follows:
4-9 (d) The board shall meet annually with the board of the
4-10 Texas Department of Housing and Community Affairs to address the
4-11 agencies' progress in meeting the needs of colonia residents and to
4-12 receive an update and recommendations from the Colonia Water and
4-13 Wastewater Infrastructure Advisory Committee, as provided by
4-14 Section 2306.5851, Government Code. For purposes of this
4-15 subsection, "colonia" has the meaning assigned by Section 2306.581,
4-16 Government Code.
4-17 SECTION 5. Subchapter C, Chapter 6, Water Code, is amended by
4-18 adding Section 6.062 to read as follows:
4-19 Sec. 6.062. REQUIRED TRAINING FOR BOARD MEMBERS. (a) A
4-20 person who is appointed to and qualifies for office as a member of
4-21 the board may not vote, deliberate, or be counted as a member in
4-22 attendance at a meeting of the board until the person completes a
4-23 training program that complies with this section.
4-24 (b) The training program must provide the person with
4-25 information regarding:
4-26 (1) the legislation that created the board;
4-27 (2) the programs operated by the board;
5-1 (3) the role and functions of the board;
5-2 (4) the rules of the board, with an emphasis on the
5-3 rules that relate to disciplinary and investigatory authority;
5-4 (5) the current budget for the board;
5-5 (6) the results of the most recent formal audit of the
5-6 board;
5-7 (7) the requirements of:
5-8 (A) the open meetings law, Chapter 551,
5-9 Government Code;
5-10 (B) the public information law, Chapter 552,
5-11 Government Code;
5-12 (C) the administrative procedure law, Chapter
5-13 2001, Government Code; and
5-14 (D) other laws relating to public officials,
5-15 including conflict of interest laws; and
5-16 (8) any applicable ethics policies adopted by the
5-17 board or the Texas Ethics Commission.
5-18 (c) A person appointed to the board is entitled to
5-19 reimbursement, as provided by the General Appropriations Act, for
5-20 the travel expenses incurred in attending the training program
5-21 regardless of whether the attendance at the program occurs before
5-22 or after the person qualifies for office.
5-23 SECTION 6. Section 6.106, Water Code, is amended to read as
5-24 follows:
5-25 Sec. 6.106. STANDARDS OF CONDUCT. The executive
5-26 administrator or the executive administrator's designee [board]
5-27 shall provide to [its] members of the board and to agency[,
6-1 appointees, and] employees, as often as is necessary, information
6-2 regarding the requirements for office or employment [their
6-3 qualifications] under this code, including information regarding a
6-4 person's [and their] responsibilities under applicable laws
6-5 relating to standards of conduct for state officers or [and]
6-6 employees.
6-7 SECTION 7. Subchapter D, Chapter 6, Water Code, is amended by
6-8 adding Sections 6.110 and 6.111 to read as follows:
6-9 Sec. 6.110. CAPITAL SPENDING PLAN. (a) Each biennium, the
6-10 executive administrator shall develop and submit to the board for
6-11 its approval a capital spending plan for state-funded programs,
6-12 including the Texas water development fund II, the agricultural
6-13 water conservation fund, and the water assistance fund.
6-14 (b) The plan must:
6-15 (1) identify water funding needs in the state and set
6-16 forth a basis for allocating state-supported funding to address
6-17 those needs; and
6-18 (2) if applicable, provide details about:
6-19 (A) the reasons state-supported funding was not
6-20 allocated according to the methodologies identified in prior plans;
6-21 and
6-22 (B) any adjustments to the plan from prior plans
6-23 in response to changing water priorities.
6-24 (c) In developing the plan, the executive administrator
6-25 shall consider:
6-26 (1) any commission compliance issues;
6-27 (2) information derived from facility needs
7-1 assessments or other water and wastewater needs assessments;
7-2 (3) regional planning group plans required under
7-3 Section 16.053; and
7-4 (4) any other appropriate information.
7-5 (d) The board shall consider the plan at a regularly
7-6 scheduled meeting and, on approval, submit it to the legislature
7-7 and the Legislative Budget Board before January 1 of each
7-8 odd-numbered year. The board may include the plan as part of its
7-9 legislative appropriations request.
7-10 Sec. 6.111. SEPARATION OF RESPONSIBILITIES. The board shall
7-11 develop and implement policies that clearly separate the
7-12 policy-making responsibilities of the board and the management
7-13 responsibilities of the executive administrator and the staff of
7-14 the board.
7-15 SECTION 8. Sections 6.154, 6.155, and 6.188, Water Code, are
7-16 amended to read as follows:
7-17 Sec. 6.154. COMPLAINT FILE. (a) The board shall maintain a
7-18 file on each written complaint filed with the board. The file must
7-19 include:
7-20 (1) the name of the person who filed the complaint;
7-21 (2) the date the complaint is received by the board;
7-22 (3) the subject matter of the complaint;
7-23 (4) the name of each person contacted in relation to
7-24 the complaint;
7-25 (5) a summary of the results of the review or
7-26 investigation of the complaint; and
7-27 (6) an explanation of the reason the file was closed,
8-1 if the agency closed the file without taking action other than to
8-2 investigate the complaint.
8-3 (b) The board shall provide to the person filing the
8-4 complaint and to each person who is a subject of the complaint a
8-5 copy of the board's policies and procedures relating to complaint
8-6 investigation and resolution [keep an information file about each
8-7 complaint filed with the board relating to an entity regulated by
8-8 the board].
8-9 Sec. 6.155. NOTICE OF COMPLAINT. The [If a written complaint
8-10 is filed with the board relating to an entity regulated by the
8-11 board, the] board, at least [as frequently as] quarterly [and]
8-12 until final disposition of the complaint, shall notify the person
8-13 filing the complaint and each person who is a subject of [parties
8-14 to] the complaint of the status of the investigation [complaint]
8-15 unless the notice would jeopardize an undercover investigation.
8-16 Sec. 6.188. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The
8-17 executive administrator or the executive administrator's [his]
8-18 designee shall prepare and maintain a written policy statement that
8-19 implements [to assure implementation of] a program of equal
8-20 employment opportunity to ensure that all personnel decisions
8-21 [whereby all personnel transactions] are made without regard to
8-22 race, color, disability [handicap], sex, religion, age, or national
8-23 origin.
8-24 (b) The policy statement must include:
8-25 (1) personnel policies, including policies relating to
8-26 recruitment, evaluation, selection, [appointment,] training, and
8-27 promotion of personnel, that show the intent of the board to avoid
9-1 the unlawful employment practices described by Chapter 21, Labor
9-2 Code; and
9-3 (2) an [a comprehensive] analysis of the extent to
9-4 which the composition of the board's personnel is in accordance
9-5 with state and federal law and a description of reasonable methods
9-6 to achieve compliance with state and federal law.
9-7 (c) The policy statement must:
9-8 (1) be updated annually;
9-9 (2) be reviewed by the state Commission on Human
9-10 Rights for compliance with Subsection (b)(1); and
9-11 (3) be filed with the governor's office [work force
9-12 that meets federal and state guidelines;]
9-13 [(3) procedures by which a determination can be made
9-14 of significant underutilization in the board's work force of all
9-15 persons for whom federal or state guidelines encourage a more
9-16 equitable balance; and]
9-17 [(4) reasonable methods to address appropriately areas
9-18 of significant underutilization in the board's work force of all
9-19 persons for whom federal or state guidelines encourage a more
9-20 equitable balance.]
9-21 [(b) The policy statement shall be filed with the governor's
9-22 office before November 1, 1985, cover an annual period, and be
9-23 updated at least annually. The governor's office shall develop a
9-24 biennial report to the legislature based on the information
9-25 submitted. This report may be made individually or as a part of
9-26 other biennial reports made to the legislature].
9-27 SECTION 9. Subchapter F, Chapter 6, Water Code, is amended by
10-1 adding Section 6.196 to read as follows:
10-2 Sec. 6.196. TRAINING ON STATE EMPLOYEE INCENTIVE PROGRAM.
10-3 The executive administrator or the executive administrator's
10-4 designee shall provide to agency employees information and training
10-5 on the benefits and methods of participation in the state employee
10-6 incentive program under Subchapter B, Chapter 2108, Government
10-7 Code.
10-8 SECTION 10. Section 15.011(b), Water Code, is amended to read
10-9 as follows:
10-10 (b) After notice and hearing and subject to any limitations
10-11 established by the General Appropriations Act, the board may
10-12 transfer money from the fund to the loan fund created under
10-13 Subchapter C of this chapter, the storage acquisition fund created
10-14 under Subchapter E of this chapter, the research and planning fund
10-15 created under Subchapter F of this chapter, the hydrographic survey
10-16 account created under Subchapter M of this chapter, provided the
10-17 hydrographic survey account transfer does not exceed $425,000,
10-18 [and] the aquatic vegetation management fund created under
10-19 Subchapter N of this chapter, and the rural community water and
10-20 wastewater loan fund created under Subchapter O of this chapter.
10-21 SECTION 11. Section 15.012(c), Water Code, is amended to read
10-22 as follows:
10-23 (c) Money appropriated to the fund by the legislature for a
10-24 specific purpose stated in Subchapter C, E, F, M, [or] N, or O of
10-25 this chapter shall be placed in the appropriate fund created by
10-26 that subchapter.
10-27 SECTION 12. Section 15.102(b), Water Code, is amended to read
11-1 as follows:
11-2 (b) The loan fund may also be used by the board to provide
11-3 grants for projects:
11-4 (1) that include supplying water and wastewater
11-5 services in economically distressed areas, including projects
11-6 involving retail distribution of those services;
11-7 (2) for which federal grant funds are placed in the
11-8 loan fund; or
11-9 (3) on specific legislative appropriation for those
11-10 projects.
11-11 SECTION 13. Section 15.104, Water Code, is amended to read as
11-12 follows:
11-13 Sec. 15.104. FINDINGS REGARDING PERMITS. (a) The board
11-14 shall not release funds for the construction of that portion of a
11-15 project that proposes surface water or groundwater development
11-16 [deliver funds pursuant to an application for financial assistance
11-17 from the loan fund] until the executive administrator makes a
11-18 written finding:
11-19 (1) that an applicant proposing surface-water
11-20 development has the necessary water right authorizing it to
11-21 appropriate and use the water that the project will provide; or
11-22 (2) that an applicant proposing underground water
11-23 development has the right to use water that the project will
11-24 provide.
11-25 (b) The board may release funds for the costs of planning,
11-26 engineering, architectural, legal, title, fiscal, or economic
11-27 investigation, studies, surveys, or designs before making the
12-1 finding required under Subsection (a) if the executive
12-2 administrator determines that a reasonable expectation exists that
12-3 the finding will be made before the release of funds for
12-4 construction.
12-5 (c) If an applicant includes a proposal for a waste water
12-6 treatment plant, the board may not deliver funds for the waste
12-7 water treatment plant until the applicant has received a permit for
12-8 construction and operation of the waste water treatment plant and
12-9 approval of the plans and specifications from the commission. If
12-10 the applicant proposes a waste water treatment plant that is
12-11 located outside of the jurisdiction of this state and that is not
12-12 subject to the permitting authority of the commission, the board
12-13 must review the plans and specifications in coordination with the
12-14 commission and find that the waste water treatment plant is capable
12-15 of producing effluent that will meet federal and state-approved
12-16 water quality standards.
12-17 SECTION 14. Section 15.601(a), Water Code, is amended to read
12-18 as follows:
12-19 (a) The state water pollution control revolving fund shall
12-20 be administered by the board under this subchapter and rules
12-21 adopted by the board. The fund shall be used to provide financial
12-22 assistance to political subdivisions for construction of treatment
12-23 works and to persons for nonpoint source pollution control and
12-24 abatement projects under Section 15.603(h), in accordance with the
12-25 capitalization grant program established under the Federal Water
12-26 Pollution Control Act (33 U.S.C. 1251 et seq.).
12-27 SECTION 15. Section 15.603, Water Code, is amended by
13-1 amending Subsection (a) and adding Subsection (h) to read as
13-2 follows:
13-3 (a) The revolving fund is held separately from other funds
13-4 by the board outside the State Treasury to provide financial
13-5 assistance to political subdivisions for construction of treatment
13-6 works and to persons for nonpoint source pollution control and
13-7 abatement projects under Subsection (h).
13-8 (h) The board may establish a separate account in the
13-9 revolving fund, to be used solely for providing financial
13-10 assistance to persons for nonpoint source pollution control and
13-11 abatement projects. The account shall be composed solely of funds
13-12 appropriated by the legislature, funds provided as gifts or grants
13-13 by the United States, interest earnings on amounts credited to the
13-14 account, and repayments of loans made from the account. The board
13-15 shall adopt rules establishing the criteria for eligibility and
13-16 the terms of assistance for persons that receive financial
13-17 assistance from the account.
13-18 SECTION 16. Section 15.804(a), Water Code, is amended to read
13-19 as follows:
13-20 (a) On the request of a political subdivision or agency of
13-21 this state or a neighboring state or a federal agency, the board
13-22 may perform [for the political subdivision] a hydrographic survey
13-23 in this state or outside of this state if the information collected
13-24 will benefit this state. The board may perform a survey under this
13-25 section:
13-26 (1) to determine:
13-27 (A) reservoir storage capacity;
14-1 (B) sedimentation levels;
14-2 (C) rates of sedimentation;
14-3 (D) projected water supply availability; or
14-4 [and]
14-5 (E) potential mitigative measures; [and]
14-6 (2) to conduct [for] other bathymetric studies; or
14-7 (3) to collect information relating to water-bearing
14-8 formations.
14-9 SECTION 17. Chapter 15, Water Code, is amended by adding
14-10 Subchapter O to read as follows:
14-11 SUBCHAPTER O. PILOT PROGRAM FOR WATER AND WASTEWATER
14-12 LOANS FOR RURAL COMMUNITIES
14-13 Sec. 15.901. DEFINITIONS. In this subchapter:
14-14 (1) "Fund" means the rural community water and
14-15 wastewater loan fund.
14-16 (2) "Political subdivision" means a municipality, a
14-17 county, or a district or authority created under Section 52,
14-18 Article III, or Section 59, Article XVI, Texas Constitution.
14-19 (3) "Rural community" means:
14-20 (A) a municipality or county with a population
14-21 of less than 5,000; or
14-22 (B) a district or authority created under
14-23 Section 52, Article III, or Section 59, Article XVI, Texas
14-24 Constitution, with a population of less than 5,000 that is located
14-25 outside the boundaries or extraterritorial jurisdiction of a
14-26 municipality.
14-27 Sec. 15.902. RURAL COMMUNITY WATER AND WASTEWATER LOAN FUND.
15-1 (a) The rural community water and wastewater loan fund is an
15-2 account in the water assistance fund.
15-3 (b) The fund consists of:
15-4 (1) money transferred to the fund from the water
15-5 assistance fund under Section 15.011(b);
15-6 (2) proceeds from the sale of political subdivision
15-7 bonds by the board to the Texas Water Resources Finance Authority
15-8 as provided by Section 17.0871; and
15-9 (3) repayments of loans made from the fund.
15-10 Sec. 15.903. FINANCIAL ASSISTANCE. (a) The fund may be used
15-11 by the board to provide loans of financial assistance to rural
15-12 communities for the construction, acquisition, or improvement of
15-13 water and wastewater projects.
15-14 (b) The board may make financial assistance available to a
15-15 rural community by entering into a loan agreement and promissory
15-16 note with the rural community, as provided by this subchapter. A
15-17 rural community may apply for and accept the financial assistance.
15-18 (c) The loan agreement must provide for the payment of
15-19 principal and interest on the debt incurred for the project at a
15-20 rate to be determined by the board.
15-21 (d) The loan agreement must provide for the issuance of a
15-22 promissory note payable to the board to evidence the obligation of
15-23 the rural community to repay the loan made in accordance with the
15-24 terms of the loan agreement.
15-25 (e) A loan provided under this subchapter may not exceed
15-26 $250,000 for each project, and the term of a loan may not exceed 20
15-27 years.
16-1 Sec. 15.904. USE OF SALES TAX AS LOAN SECURITY. (a) A rural
16-2 community that is a municipality or county may pledge a percentage
16-3 of the sales and use tax revenue received under Chapter 321 or 323,
16-4 Tax Code, as applicable, to the payment of debt incurred under a
16-5 loan agreement entered into with the board under this subchapter if
16-6 a majority of the voters voting at an election called and held for
16-7 that purpose authorize the municipality or county to pledge a
16-8 portion of that revenue for that purpose.
16-9 (b) Sections 321.506, 321.507, and 323.505, Tax Code, do not
16-10 apply to taxes pledged under this subchapter.
16-11 Sec. 15.905. REVIEW AND APPROVAL OF LOAN AGREEMENT BY
16-12 ATTORNEY GENERAL. (a) Before a loan agreement may become
16-13 effective, a record of the proceedings of the board and the rural
16-14 community authorizing the execution of the loan agreement, the loan
16-15 agreement, the promissory note, and any contract providing revenue
16-16 or security to pay the promissory note must be submitted to the
16-17 attorney general for review and approval.
16-18 (b) If the attorney general finds that the loan agreement
16-19 and the promissory note are valid and binding obligations of the
16-20 rural community, the attorney general shall approve the documents
16-21 and deliver them to the comptroller, the board, and the rural
16-22 community, together with a copy of the attorney general's legal
16-23 opinion stating that approval.
16-24 Sec. 15.906. REGISTRATION. On receipt of the documents
16-25 required by Section 15.905(b), the comptroller shall register the
16-26 record of the proceedings relating to the execution of a loan
16-27 agreement.
17-1 Sec. 15.907. VALIDITY AND INCONTESTABILITY. On approval by
17-2 the attorney general and registration by the comptroller, the loan
17-3 agreement, the promissory note, a contract providing revenue or
17-4 security, and any other obligation evidencing the debt are
17-5 incontestable in a court and are valid, binding, and enforceable
17-6 according to their terms.
17-7 Sec. 15.908. ENFORCEMENT BY MANDAMUS. Payment of obligations
17-8 incurred under a loan agreement and other requirements of this
17-9 subchapter may be enforced in a court by mandamus or other
17-10 appropriate proceedings.
17-11 Sec. 15.909. RULES. The board shall adopt necessary rules to
17-12 administer this subchapter, including rules establishing procedures
17-13 for application for and award of loans.
17-14 Sec. 15.910. APPLICATION FOR ASSISTANCE. (a) In an
17-15 application to the board for financial assistance from the fund,
17-16 the rural community must include:
17-17 (1) the name of the rural community and its principal
17-18 officers;
17-19 (2) a citation of the law under which the rural
17-20 community operates and was created;
17-21 (3) a description of the water or wastewater project
17-22 for which the financial assistance will be used;
17-23 (4) the total cost of the project;
17-24 (5) the amount of state financial assistance
17-25 requested;
17-26 (6) the plan for repaying the total cost of the
17-27 project; and
18-1 (7) any other information the board requires in order
18-2 to perform its duties and to protect the public interest.
18-3 (b) The board may not accept an application for a loan of
18-4 financial assistance from the fund unless it is submitted in
18-5 affidavit form by the officials of the rural community. The board
18-6 shall prescribe the affidavit form in its rules.
18-7 (c) If a rural community has a program of water
18-8 conservation, the rural community shall state in the application
18-9 that the rural community has such a program.
18-10 Sec. 15.911. FINDINGS REGARDING PERMITS. (a) The board may
18-11 not release funds for the construction phase of that portion of a
18-12 project that proposes surface water or groundwater development
18-13 until the executive administrator makes a written finding:
18-14 (1) that a rural community proposing surface water
18-15 development has the necessary water right authorizing it to
18-16 appropriate and use the water that the project will provide; or
18-17 (2) that a rural community proposing underground water
18-18 development has the right to use water that the project will
18-19 provide.
18-20 (b) If a rural community includes a proposal for a
18-21 wastewater treatment project, the board may not release funds for
18-22 the project construction until the rural community has received a
18-23 permit for the construction and operation of the project and
18-24 approval of the plans and specifications for the project in a
18-25 manner that will satisfy commission requirements for design
18-26 criteria and permit conditions that apply to construction
18-27 activities.
19-1 Sec. 15.912. CONSIDERATIONS IN ACTING ON APPLICATION. In
19-2 acting on an application for financial assistance, the board shall
19-3 consider:
19-4 (1) the needs of the area to be served by the project
19-5 and the benefit of the project to the area in relation to the needs
19-6 of other areas requiring state assistance in any manner and the
19-7 benefits of those projects to the other areas;
19-8 (2) the availability of revenue to the rural community
19-9 from all sources for the ultimate repayment of the cost of the
19-10 project, including all interest;
19-11 (3) the relationship of the project to overall
19-12 statewide needs; and
19-13 (4) any other factors that the board considers
19-14 relevant.
19-15 Sec. 15.913. APPROVAL OF APPLICATION. The board by
19-16 resolution may approve an application for a loan if, after
19-17 considering the factors listed in Section 15.912 and any other
19-18 relevant factors, the board finds that:
19-19 (1) the public interest requires state participation
19-20 in the project; and
19-21 (2) the revenue or taxes pledged by the rural
19-22 community will be sufficient to meet all the obligations assumed by
19-23 the rural community during the succeeding period of not more than
19-24 20 years.
19-25 Sec. 15.914. CONSTRUCTION CONTRACT REQUIREMENTS. The
19-26 governing body of each rural community receiving financial
19-27 assistance from the board under this subchapter shall require in
20-1 all contracts for the construction of a project that:
20-2 (1) each bidder furnish a bid guarantee equivalent to
20-3 five percent of the bid price;
20-4 (2) each contractor awarded a construction contract
20-5 furnish performance and payment bonds as follows:
20-6 (A) the performance bond must include guarantees
20-7 that work done under the contract will be completed and performed
20-8 according to approved plans and specifications and in accordance
20-9 with sound construction principles and practices; and
20-10 (B) the performance and payment bonds must be in
20-11 a penal sum of not less than 100 percent of the contract price and
20-12 remain in effect for one year after the date of approval by the
20-13 engineer of the political subdivision;
20-14 (3) payment be made in partial payments as the work
20-15 progresses;
20-16 (4) each partial payment not exceed 95 percent of the
20-17 amount due at the time of the payment as shown by the engineer of
20-18 the project, but, if the project is substantially complete, a
20-19 partial release of the five percent retainage may be made by the
20-20 rural community with approval of the executive administrator;
20-21 (5) payment of the retainage remaining due on
20-22 completion of the contract be made only after:
20-23 (A) approval by the engineer for the rural
20-24 community as required under the bond proceedings;
20-25 (B) approval by the governing body of the rural
20-26 community by a resolution or other formal action; and
20-27 (C) certification by the executive administrator
21-1 in accordance with the rules of the board that the work to be done
21-2 under the contract has been completed and performed in a
21-3 satisfactory manner and in accordance with sound engineering
21-4 principles and practices;
21-5 (6) no valid approval be granted unless the work done
21-6 under the contract has been completed and performed in a
21-7 satisfactory manner according to approved plans and specifications;
21-8 and
21-9 (7) labor from inside the rural community be used to
21-10 the extent possible.
21-11 Sec. 15.915. FILING CONSTRUCTION CONTRACT. The rural
21-12 community shall file with the board a certified copy of each
21-13 construction contract it enters into for the construction of all or
21-14 part of a project. Each contract must contain or have attached to
21-15 it the specifications, plans, and details of all work included in
21-16 the contract.
21-17 Sec. 15.916. INSPECTION OF PROJECTS. (a) The board may
21-18 inspect the construction of a project at any time to assure that:
21-19 (1) the contractor is substantially complying with the
21-20 approved engineering plans of the project; and
21-21 (2) the contractor is constructing the project in
21-22 accordance with sound engineering principles.
21-23 (b) Inspection of a project by the board does not subject
21-24 the state to any civil liability.
21-25 Sec. 15.917. ALTERATION OF PLANS. After the executive
21-26 administrator approves the engineering plans, a rural community may
21-27 not make any substantial or material alteration in the plans unless
22-1 the executive administrator authorizes the alteration. The board
22-2 shall review and approve or disapprove plans and specifications for
22-3 all sewage collection, treatment, and disposal systems for which
22-4 financial assistance is provided from the fund in a manner that
22-5 will satisfy commission requirements for design criteria and permit
22-6 conditions that apply to construction activities.
22-7 Sec. 15.918. CERTIFICATE OF APPROVAL. The executive
22-8 administrator may consider the following as grounds for refusal to
22-9 give a certificate of approval for any construction contract:
22-10 (1) failure to construct the project according to the
22-11 approved plans;
22-12 (2) failure to construct the works in accordance with
22-13 sound engineering principles; or
22-14 (3) failure to comply with any term of the contract.
22-15 Sec. 15.919. REPORT TO LEGISLATURE. (a) Not later than
22-16 January 1, 2005, the board shall report to the legislature on the
22-17 program established under this subchapter.
22-18 (b) The report must include:
22-19 (1) the number of applications received;
22-20 (2) the number of loans funded;
22-21 (3) the types of projects funded;
22-22 (4) the total funds allocated;
22-23 (5) available performance measures; and
22-24 (6) the expected feasibility of and demand for an
22-25 expanded rural community water and wastewater loan program.
22-26 Sec. 15.920. AUTHORITY OF RURAL COMMUNITIES. Rural
22-27 communities that receive financial assistance from the fund are
23-1 granted all necessary authority to enter into loan agreements and
23-2 issue promissory notes in connection with the financial assistance
23-3 granted under this subchapter.
23-4 SECTION 18. Subchapter B, Chapter 16, Water Code, is amended
23-5 by amending Section 16.021 and adding Section 16.022 to read as
23-6 follows:
23-7 Sec. 16.021. TEXAS NATURAL RESOURCES INFORMATION SYSTEM.
23-8 (a) The executive administrator shall establish the Texas Natural
23-9 Resources Information System (TNRIS) to serve Texas agencies and
23-10 citizens as a centralized clearinghouse and referral center for
23-11 natural resource, census, and other socioeconomic data.
23-12 (b) The executive administrator may, on behalf of TNRIS,
23-13 enter into partnerships with private entities to provide additional
23-14 funding for improved access to TNRIS information. The board shall
23-15 adopt administrative rules to describe the process of establishing
23-16 partnerships, define the types of partnerships that may be formed,
23-17 establish the fee collection process, and define the
23-18 nondiscriminatory methods used to determine which private entities
23-19 may enter into partnerships. Any process developed by the board
23-20 must comply with all applicable laws regarding ethics, purchasing,
23-21 and contracts.
23-22 (c) The Texas Geographic Information Council (TGIC) is
23-23 created to provide strategic planning and coordination in the
23-24 acquisition and use of geo-spatial data and related technologies in
23-25 the State of Texas. The executive administrator and the executive
23-26 director of the Department of Information Resources shall designate
23-27 entities to be members of the TGIC. The chief administrative
24-1 officer of each member entity shall select one representative to
24-2 serve on the TGIC. The duties of the TGIC shall include providing
24-3 guidance to the executive administrator in carrying out the
24-4 executive administrator's [his] duties under this section and
24-5 guidance to the Department of Information Resources for development
24-6 of rules related to statewide geo-spatial data and technology
24-7 standards.
24-8 (d) Member entities of the TGIC that are state agencies
24-9 shall, and member entities that are not state agencies may, provide
24-10 information to the TGIC about their investments in geographic
24-11 information and plans for its use. Not later than September 1 of
24-12 each even-numbered year, the TGIC shall prepare and provide to the
24-13 board, the Department of Information Resources, the governor, and
24-14 the legislature a plan that inventories known state agency
24-15 geographic information systems projects and recommends initiatives
24-16 to improve the state's geographic information systems programs.
24-17 (e) [(c)] Under the guidance of the TGIC, the executive
24-18 administrator shall:
24-19 (1) further develop the Texas Natural Resources
24-20 Information System by promoting and providing for effective
24-21 acquisition, archiving, documentation, indexing, and dissemination
24-22 of natural resource and related digital and nondigital data and
24-23 information;
24-24 (2) obtain information in response to disagreements
24-25 regarding names and name spellings for natural and cultural
24-26 features in the state and provide this information to the Board on
24-27 Geographic Names of the United States Department of the Interior;
25-1 (3) make recommendations to the Board on Geographic
25-2 Names of the United States Department of the Interior for naming
25-3 any natural or cultural feature subject to the limitations provided
25-4 by Subsection (f) [(d) of this section];
25-5 (4) make recommendations to the Department of
25-6 Information Resources to adopt and promote standards that
25-7 facilitate sharing of digital natural resource data and related
25-8 socioeconomic data among federal, state, and local governments and
25-9 other interested parties;
25-10 (5) acquire and disseminate natural resource and
25-11 related socioeconomic data describing the Texas-Mexico border
25-12 region; and
25-13 (6) coordinate, conduct, and facilitate the
25-14 development, maintenance, and use of mutually compatible statewide
25-15 digital base maps depicting natural resources and man-made
25-16 features.
25-17 (f) [(d)] A recommendation may not be made under
25-18 [Subdivision (3) of] Subsection (e)(3) [(c) of this section] for:
25-19 (1) a feature previously named under statutory
25-20 authority or recognized by an agency of the federal government, the
25-21 state, or a political subdivision of the state;
25-22 (2) a feature located on private property for which
25-23 consent of the property owner cannot be obtained; or
25-24 (3) naming a natural or cultural feature for a living
25-25 person.
25-26 Sec. 16.022. WATER CONSERVATION STUDY. (a) The board and
25-27 the State Soil and Water Conservation Board shall jointly conduct a
26-1 study of the ways to improve or expand water conservation efforts
26-2 and report to the legislature.
26-3 (b) The report must include:
26-4 (1) an assessment of both agricultural and municipal
26-5 water conservation issues;
26-6 (2) information on existing conservation efforts by
26-7 the board and the State Soil and Water Conservation Board;
26-8 (3) information on existing conservation efforts by
26-9 municipalities receiving funding from the board, as specified in
26-10 water conservation plans submitted by the municipalities as part of
26-11 their applications for assistance;
26-12 (4) a discussion of future conservation needs;
26-13 (5) an analysis of programmatic approaches and funding
26-14 for additional conservation efforts;
26-15 (6) an assessment of existing statutory authority and
26-16 whether changes are needed to more effectively promote and fund
26-17 conservation projects; and
26-18 (7) an assessment of the board's agricultural water
26-19 conservation program.
26-20 (c) The report shall be issued as part of, or as a
26-21 supplement to, the state water plan.
26-22 SECTION 19. Section 16.053(j), Water Code, is amended to read
26-23 as follows:
26-24 (j) The board may provide financial assistance to political
26-25 subdivisions under Subchapters E and F of this chapter, Subchapters
26-26 C, D, E, F, [and] J, and O, Chapter 15, and Subchapters D, I, K,
26-27 and L, Chapter 17, for water supply projects only if:
27-1 (1) the board determines that the needs to be
27-2 addressed by the project will be addressed in a manner that is
27-3 consistent with the state water plan; and
27-4 (2) beginning January 5, 2002, the board:
27-5 (A) has approved a regional water plan as
27-6 provided by Subsection (i), and any required updates of the plan,
27-7 for the region of the state that includes the area benefiting from
27-8 the proposed project; and
27-9 (B) determines that the needs to be addressed by
27-10 the project will be addressed in a manner that is consistent with
27-11 that regional water plan.
27-12 SECTION 20. Section 16.136, Water Code, is amended to read as
27-13 follows:
27-14 Sec. 16.136. FACILITIES WANTED BY POLITICAL SUBDIVISION. The
27-15 board may acquire all or part [up to 50 percent] of any authorized
27-16 facility to the extent that the board finds that the political
27-17 subdivision:
27-18 (1) is willing and reasonably able to finance that
27-19 portion [at least 50 percent] of the cost of the facility that the
27-20 board does not acquire;
27-21 (2) has obtained all necessary permits;
27-22 (3) has proposals that are consistent with the
27-23 objectives of the state water plan; and
27-24 (4) has a program of water conservation for the more
27-25 efficient use of water as required by Section 15.106 of this code.
27-26 SECTION 21. Section 17.0871(g), Water Code, is amended to
27-27 read as follows:
28-1 (g) The accrued interest portion of proceeds from the sale
28-2 of political subdivision bonds shall be disposed of as otherwise
28-3 provided by this chapter. Money not applied to discharges,
28-4 payments, or redemptions shall be deposited in the development
28-5 fund, the administrative fund, the water assistance fund, or the
28-6 agricultural water conservation fund, as appropriate, to be used
28-7 for the purposes provided by law.
28-8 SECTION 22. Section 17.123, Water Code, is amended to read as
28-9 follows:
28-10 Sec. 17.123. FINDINGS REGARDING PERMITS. (a) The board shall
28-11 not release funds for the construction of that portion of a project
28-12 that proposes surface water or groundwater development [deliver
28-13 funds pursuant to an application for financial assistance] until
28-14 the executive administrator makes a written finding:
28-15 (1) that an applicant proposing surface-water
28-16 development has the necessary water right authorizing it to
28-17 appropriate and use the water which the water supply project will
28-18 provide; or
28-19 (2) that an applicant proposing underground water
28-20 development has the right to use water that the water supply
28-21 project will provide.
28-22 (b) The board may release funds for the costs of planning,
28-23 engineering, architectural, legal, title, fiscal, or economic
28-24 investigation, studies, surveys, or designs before making the
28-25 finding required under Subsection (a) if the executive
28-26 administrator determines that a reasonable expectation exists that
28-27 the finding will be made before the release of funds for
29-1 construction.
29-2 SECTION 23. The heading to Subchapter Z, Chapter 2306,
29-3 Government Code, is amended to read as follows:
29-4 SUBCHAPTER Z. COLONIAS [COLONIA SELF-HELP CENTERS]
29-5 SECTION 24. Sections 2306.584 and 2306.585, Government Code,
29-6 are amended to read as follows:
29-7 Sec. 2306.584. COLONIA SELF-HELP CENTER ADVISORY COMMITTEE.
29-8 (a) The department shall appoint not fewer than five persons who
29-9 are residents of colonias to serve on the Colonia Self-Help Center
29-10 Advisory Committee [an advisory committee]. The members of the
29-11 advisory committee shall be selected from lists of candidates
29-12 submitted to the department by local nonprofit organizations and
29-13 the commissioners court of a county in which a self-help center is
29-14 located.
29-15 (b) The department shall appoint one committee member to
29-16 represent each of the counties in which self-help centers are
29-17 located. Each committee member:
29-18 (1) must be a resident of a colonia in the county the
29-19 member represents; and
29-20 (2) may not be a board member, contractor, or employee
29-21 of or have any ownership interest in an entity that is awarded a
29-22 contract under this subchapter.
29-23 Sec. 2306.585. DUTIES OF COLONIA SELF-HELP CENTER ADVISORY
29-24 COMMITTEE. (a) The Colonia Self-Help Center Advisory Committee
29-25 [committee] shall advise the department regarding:
29-26 (1) the needs of colonia residents;
29-27 (2) appropriate and effective programs that are
30-1 proposed or are operated through the self-help centers; and
30-2 (3) activities that may be undertaken through the
30-3 self-help centers to better serve the needs of colonia residents.
30-4 (b) The committee shall meet before the 30th day preceding
30-5 the date on which a contract is scheduled to be awarded for the
30-6 operation of a self-help center and may meet at other times.
30-7 SECTION 25. Subchapter Z, Chapter 2306, Government Code, is
30-8 amended by adding Section 2306.5851 to read as follows:
30-9 Sec. 2306.5851. COLONIA WATER AND WASTEWATER INFRASTRUCTURE
30-10 ADVISORY COMMITTEE. (a) The Colonia Water and Wastewater
30-11 Infrastructure Advisory Committee is composed of seven members
30-12 appointed by the governor as follows:
30-13 (1) one colonia resident;
30-14 (2) one representative of a nonprofit organization
30-15 that serves colonia residents;
30-16 (3) one local government representative;
30-17 (4) one person to represent private interests in
30-18 banking or land development;
30-19 (5) one representative of a nonprofit utility;
30-20 (6) one representative of an engineering consultant
30-21 firm involved in economically distressed areas program projects
30-22 under Subchapter K, Chapter 17, Water Code; and
30-23 (7) one public member.
30-24 (b) Each committee member, except the public member, must
30-25 reside within 100 miles of the Texas-Mexico border.
30-26 (c) The secretary of state is an ex officio member of the
30-27 committee.
31-1 (d) The committee shall review the progress of water and
31-2 wastewater infrastructure projects affecting colonias.
31-3 (e) The committee shall present an update and make
31-4 recommendations to the board and the Texas Water Development Board
31-5 annually at the joint meeting required by Section 6.060(d), Water
31-6 Code, regarding:
31-7 (1) efforts to ensure that colonia residents are
31-8 connected to the infrastructure funded by state agencies;
31-9 (2) the financial, managerial, and technical
31-10 capabilities of project owners and operators;
31-11 (3) the agencies' management of their colonia programs
31-12 and the effectiveness of their policies regarding underperforming
31-13 projects; and
31-14 (4) any other issues related to the effect of
31-15 state-managed infrastructure programs on colonia residents.
31-16 SECTION 26. (a) The Texas Water Development Board shall
31-17 adopt, not later than March 1, 2002, necessary rules to administer
31-18 the pilot program for water and wastewater loans for rural
31-19 communities created by Subchapter O, Chapter 15, Water Code, as
31-20 added by this Act.
31-21 (b) The Texas Water Development Board shall begin, not later
31-22 than September 1, 2002, to provide loans under Subchapter O,
31-23 Chapter 15, Water Code, as added by this Act.
31-24 SECTION 27. The changes in law made by this Act in the
31-25 prohibitions and qualifications applying to members of the Texas
31-26 Water Development Board do not affect the entitlement of a member
31-27 serving on the board immediately before September 1, 2001, to
32-1 continue to serve and function as a member of the board for the
32-2 remainder of the member's term. The changes in law apply only to a
32-3 member appointed on or after September 1, 2001.
32-4 SECTION 28. This Act takes effect September 1, 2001.