1-1 AN ACT
1-2 relating to the review and functions of the Texas Water Development
1-3 Board and the improvement of certain water delivery infrastructure.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The legislature finds that:
1-6 (1) economically distressed subdivisions commonly
1-7 called colonias are found throughout those counties located within
1-8 50 miles of the international border of this state;
1-9 (2) a substantial number of homes in the economically
1-10 distressed subdivisions lack an adequate potable water supply and
1-11 sewer services, creating a serious and unacceptable health hazard
1-12 from contagious and other serious illnesses and posing a clear and
1-13 substantial threat not only to the environment of the border region
1-14 but also to the environment of the entire state;
1-15 (3) although significant improvement has been made by
1-16 this state and the political subdivisions of the border area in
1-17 addressing the public health hazard created in those economically
1-18 distressed subdivisions, many of those economically distressed
1-19 subdivisions are located in isolated rural areas far from water or
1-20 wastewater providers or are otherwise situated so as to make the
1-21 provision of water or wastewater services by political subdivisions
1-22 to those areas difficult or impossible using conventional capital
1-23 improvement strategies;
1-24 (4) the lack of an adequate potable water supply and
1-25 wastewater services, coupled with the location of those
2-1 subdivisions, erodes the economic stability of the counties that
2-2 contain those subdivisions and that depend on a healthy and safe
2-3 environment for the residents of the subdivisions and counties;
2-4 (5) the economic stability of those counties is
2-5 necessary for the mutual development of trade, transportation, and
2-6 commerce in the border region and affects not only the border
2-7 region, but all regions of the state involved in those reciprocal
2-8 economic activities;
2-9 (6) alternative capital improvement mechanisms are
2-10 necessary to ensure that the maximum number of economically
2-11 distressed subdivisions obtain adequate water or wastewater
2-12 services to eliminate public health problems and encourage the
2-13 development and diversification of the economy in those counties
2-14 and the entire state;
2-15 (7) nonprofit organizations have succeeded in
2-16 planning, platting, engineering, designing, and constructing water
2-17 and wastewater projects to serve those inaccessible, economically
2-18 distressed subdivisions using assistance from the residents
2-19 immediately benefiting from the water or wastewater services, thus
2-20 creating an alternative capital improvement mechanism with a proven
2-21 record of success that deserves state support;
2-22 (8) many residents of colonias are motivated to
2-23 improve their situation and have worked with nonprofit
2-24 organizations on self-help projects to build their own
2-25 infrastructure, ultimately saving on the total cost of water and
2-26 wastewater projects; and
3-1 (9) creating a program to provide public funds to
3-2 those nonprofit organizations for self-help projects will assist in
3-3 the reduction of the public health problems created by the lack of
3-4 adequate water and wastewater services and will encourage the
3-5 development and diversification of the economy of the counties in
3-6 which those subdivisions are located as well as throughout the
3-7 entire state.
3-8 SECTION 2. Section 6.013, Water Code, is amended to read as
3-9 follows:
3-10 Sec. 6.013. SUNSET PROVISION. The Texas Water Development
3-11 Board is subject to review under Chapter 325, Government Code
3-12 (Texas Sunset Act), but is not abolished under that chapter. The
3-13 board shall be reviewed during the period in which state agencies
3-14 abolished in 2013 [2001] and every 12th year after 2013 [2001] are
3-15 reviewed.
3-16 SECTION 3. Subsection (c), Section 6.052, Water Code, is
3-17 amended to read as follows:
3-18 (c) Appointments to the board shall be made without regard
3-19 to the race, color, disability [handicap], sex, religion, age, or
3-20 national origin of the appointees.
3-21 SECTION 4. Sections 6.054, 6.057, and 6.058, Water Code, are
3-22 amended to read as follows:
3-23 Sec. 6.054. REMOVAL OF BOARD MEMBERS. (a) It is a ground
3-24 for removal from the board that [if] a member:
3-25 (1) does not have at the time of taking office
3-26 [appointment] the qualifications required for appointment to the
4-1 board;
4-2 (2) does not maintain during [the] service on the
4-3 board the qualifications required for appointment to the board;
4-4 (3) is ineligible for membership under [violates a
4-5 prohibition established by] Sections 6.053, 6.057, and 6.058 [of
4-6 this code];
4-7 (4) cannot, because of illness or disability, [is
4-8 unable to] discharge the member's [his] duties for a substantial
4-9 part [portion] of the member's term [for which he was appointed
4-10 because of illness or disability]; or
4-11 (5) is absent from more than half [one-half] of the
4-12 regularly scheduled board meetings that the member is eligible to
4-13 attend during a [each] calendar year without an excuse approved[,
4-14 except when the absence is excused] by a majority vote of the
4-15 board.
4-16 (b) The validity of an action of the board is not affected
4-17 by the fact that it is [was] taken when a ground for removal of a
4-18 board member exists [of the board existed].
4-19 (c) If the executive administrator [a board member] has
4-20 knowledge that a potential ground for removal exists, the executive
4-21 administrator [he] shall notify the chairman of the board of the
4-22 potential [that] ground. The chairman of the board shall then
4-23 notify the governor and the attorney general that a potential
4-24 ground for removal exists. If the potential ground for removal
4-25 includes the chairman of the board, the executive administrator
4-26 shall notify the next highest ranking officer of the board, who
5-1 shall then notify the governor and the attorney general that a
5-2 potential ground for removal exists.
5-3 Sec. 6.057. CONFLICT OF INTEREST. (a) In this section,
5-4 "Texas trade association" means a cooperative and voluntarily
5-5 joined association of business or professional competitors in this
5-6 state designed to assist its members and its industry or profession
5-7 in dealing with mutual business or professional problems and in
5-8 promoting their common interest.
5-9 (b) A person may not be a member of the board and may not be
5-10 a board employee employed in a "bona fide executive,
5-11 administrative, or professional capacity," as that phrase is used
5-12 for purposes of establishing an exemption to the overtime
5-13 provisions of the federal Fair Labor Standards Act of 1938 (29
5-14 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
5-15 (1) the person is an officer, employee, or paid
5-16 consultant of a Texas trade association in the field of water
5-17 planning or water financing; or
5-18 (2) the person's spouse is an officer, employee, or
5-19 paid consultant of a Texas trade association in the field of water
5-20 planning or water financing. [An officer, employee, or paid
5-21 consultant of a trade association in an industry regulated by the
5-22 board may not be a member or employee of the board, nor may a
5-23 person who cohabits with or is the spouse of an officer, managerial
5-24 employee, or paid consultant of a trade association in an industry
5-25 regulated by the board be a member of the board or an employee of
5-26 the board grade 17 or over, including exempt employees, according
6-1 to the position classification schedule under the General
6-2 Appropriations Act.]
6-3 Sec. 6.058. LOBBYIST PROHIBITION. A person may not be a
6-4 member of the board or act as the general counsel to the board if
6-5 the person [who] is required to register as a lobbyist under
6-6 Chapter 305, Government Code, because of the person's [by virtue of
6-7 his] activities for compensation [in or] on behalf of a profession
6-8 related to the operation of the board [may not serve as a member of
6-9 the board or act as the general counsel to the board].
6-10 SECTION 5. Section 6.060, Water Code, is amended by adding
6-11 Subsection (d) to read as follows:
6-12 (d) The board shall meet annually with the board of the
6-13 Texas Department of Housing and Community Affairs, or the successor
6-14 agency that administers the portion of the federal community
6-15 development block grant nonentitlement program that addresses the
6-16 infrastructure needs of colonias, to assess the agencies' progress
6-17 in meeting the needs of colonia residents and to receive an update
6-18 and recommendations from the Colonia Initiatives Advisory
6-19 Committee, as provided by Section 2306.590, Government Code. For
6-20 purposes of this subsection, "colonia" has the meaning assigned by
6-21 Section 2306.581, Government Code.
6-22 SECTION 6. Subchapter C, Chapter 6, Water Code, is amended
6-23 by adding Section 6.062 to read as follows:
6-24 Sec. 6.062. REQUIRED TRAINING FOR BOARD MEMBERS. (a) A
6-25 person who is appointed to and qualifies for office as a member of
6-26 the board may not vote, deliberate, or be counted as a member in
7-1 attendance at a meeting of the board until the person completes a
7-2 training program that complies with this section.
7-3 (b) The training program must provide the person with
7-4 information regarding:
7-5 (1) the legislation that created the board;
7-6 (2) the programs operated by the board;
7-7 (3) the role and functions of the board;
7-8 (4) the rules of the board, with an emphasis on the
7-9 rules that relate to disciplinary and investigatory authority;
7-10 (5) the current budget for the board;
7-11 (6) the results of the most recent formal audit of the
7-12 board;
7-13 (7) the requirements of:
7-14 (A) the open meetings law, Chapter 551,
7-15 Government Code;
7-16 (B) the public information law, Chapter 552,
7-17 Government Code;
7-18 (C) the administrative procedure law, Chapter
7-19 2001, Government Code; and
7-20 (D) other laws relating to public officials,
7-21 including conflict of interest laws; and
7-22 (8) any applicable ethics policies adopted by the
7-23 board or the Texas Ethics Commission.
7-24 (c) A person appointed to the board is entitled to
7-25 reimbursement, as provided by the General Appropriations Act, for
7-26 the travel expenses incurred in attending the training program
8-1 regardless of whether the attendance at the program occurs before
8-2 or after the person qualifies for office.
8-3 SECTION 7. Section 6.106, Water Code, is amended to read as
8-4 follows:
8-5 Sec. 6.106. STANDARDS OF CONDUCT. The executive
8-6 administrator or the executive administrator's designee [board]
8-7 shall provide to [its] members of the board and to agency[,
8-8 appointees, and] employees, as often as is necessary, information
8-9 regarding the requirements for office or employment [their
8-10 qualifications] under this code, including information regarding a
8-11 person's [and their] responsibilities under applicable laws
8-12 relating to standards of conduct for state officers or [and]
8-13 employees.
8-14 SECTION 8. Subchapter D, Chapter 6, Water Code, is amended
8-15 by adding Sections 6.110 and 6.111 to read as follows:
8-16 Sec. 6.110. CAPITAL SPENDING PLAN. (a) Each biennium, the
8-17 executive administrator shall develop and submit to the board for
8-18 its approval a capital spending plan for state-funded programs,
8-19 including the Texas water development fund II, the agricultural
8-20 water conservation fund, and the water assistance fund.
8-21 (b) The plan must:
8-22 (1) identify water funding needs in the state and set
8-23 forth a basis for allocating state-supported funding to address
8-24 those needs; and
8-25 (2) if applicable, provide details about:
8-26 (A) the reasons state-supported funding was not
9-1 allocated according to the methodologies identified in prior plans;
9-2 and
9-3 (B) any adjustments to the plan from prior plans
9-4 in response to changing water priorities.
9-5 (c) In developing the plan, the executive administrator
9-6 shall consider:
9-7 (1) any commission compliance issues;
9-8 (2) information derived from facility needs
9-9 assessments or other water and wastewater needs assessments;
9-10 (3) regional planning group plans required under
9-11 Section 16.053; and
9-12 (4) any other appropriate information.
9-13 (d) The board shall consider the plan at a regularly
9-14 scheduled meeting and, on approval, submit it to the legislature
9-15 and the Legislative Budget Board before January 1 of each
9-16 odd-numbered year. The board may include the plan as part of its
9-17 legislative appropriations request.
9-18 Sec. 6.111. SEPARATION OF RESPONSIBILITIES. The board shall
9-19 develop and implement policies that clearly separate the
9-20 policy-making responsibilities of the board and the management
9-21 responsibilities of the executive administrator and the staff of
9-22 the board.
9-23 SECTION 9. Sections 6.154, 6.155, and 6.188, Water Code, are
9-24 amended to read as follows:
9-25 Sec. 6.154. COMPLAINT FILE. (a) The board shall maintain a
9-26 file on each written complaint filed with the board. The file must
10-1 include:
10-2 (1) the name of the person who filed the complaint;
10-3 (2) the date the complaint is received by the board;
10-4 (3) the subject matter of the complaint;
10-5 (4) the name of each person contacted in relation to
10-6 the complaint;
10-7 (5) a summary of the results of the review or
10-8 investigation of the complaint; and
10-9 (6) an explanation of the reason the file was closed,
10-10 if the agency closed the file without taking action other than to
10-11 investigate the complaint.
10-12 (b) The board shall provide to the person filing the
10-13 complaint and to each person who is a subject of the complaint a
10-14 copy of the board's policies and procedures relating to complaint
10-15 investigation and resolution [keep an information file about each
10-16 complaint filed with the board relating to an entity regulated by
10-17 the board].
10-18 Sec. 6.155. NOTICE OF COMPLAINT. The [If a written
10-19 complaint is filed with the board relating to an entity regulated
10-20 by the board, the] board, at least [as frequently as] quarterly
10-21 [and] until final disposition of the complaint, shall notify the
10-22 person filing the complaint and each person who is a subject of
10-23 [parties to] the complaint of the status of the investigation
10-24 [complaint] unless the notice would jeopardize an undercover
10-25 investigation.
10-26 Sec. 6.188. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The
11-1 executive administrator or the executive administrator's [his]
11-2 designee shall prepare and maintain a written policy statement that
11-3 implements [to assure implementation of] a program of equal
11-4 employment opportunity to ensure that all personnel decisions
11-5 [whereby all personnel transactions] are made without regard to
11-6 race, color, disability [handicap], sex, religion, age, or national
11-7 origin.
11-8 (b) The policy statement must include:
11-9 (1) personnel policies, including policies relating to
11-10 recruitment, evaluation, selection, [appointment,] training, and
11-11 promotion of personnel, that show the intent of the board to avoid
11-12 the unlawful employment practices described by Chapter 21, Labor
11-13 Code; and
11-14 (2) an [a comprehensive] analysis of the extent to
11-15 which the composition of the board's personnel is in accordance
11-16 with state and federal law and a description of reasonable methods
11-17 to achieve compliance with state and federal law.
11-18 (c) The policy statement must:
11-19 (1) be updated annually;
11-20 (2) be reviewed by the state Commission on Human
11-21 Rights for compliance with Subsection (b)(1); and
11-22 (3) be filed with the governor's office [work force
11-23 that meets federal and state guidelines;]
11-24 [(3) procedures by which a determination can be made
11-25 of significant underutilization in the board's work force of all
11-26 persons for whom federal or state guidelines encourage a more
12-1 equitable balance; and]
12-2 [(4) reasonable methods to address appropriately areas
12-3 of significant underutilization in the board's work force of all
12-4 persons for whom federal or state guidelines encourage a more
12-5 equitable balance.]
12-6 [(b) The policy statement shall be filed with the governor's
12-7 office before November 1, 1985, cover an annual period, and be
12-8 updated at least annually. The governor's office shall develop a
12-9 biennial report to the legislature based on the information
12-10 submitted. This report may be made individually or as a part of
12-11 other biennial reports made to the legislature].
12-12 SECTION 10. Subchapter F, Chapter 6, Water Code, is amended
12-13 by adding Section 6.196 to read as follows:
12-14 Sec. 6.196. TRAINING ON STATE EMPLOYEE INCENTIVE PROGRAM.
12-15 The executive administrator or the executive administrator's
12-16 designee shall provide to agency employees information and training
12-17 on the benefits and methods of participation in the state employee
12-18 incentive program under Subchapter B, Chapter 2108, Government
12-19 Code.
12-20 SECTION 11. Section 11.002, Water Code, is amended by adding
12-21 Subdivision (11) to read as follows:
12-22 (11) "River basin" means a river or coastal basin
12-23 designated by the board as a river basin under Section 16.051. The
12-24 term does not include waters originating in the bays or arms of the
12-25 Gulf of Mexico.
12-26 SECTION 12. Subsection (p), Section 11.085, Water Code, is
13-1 amended to read as follows:
13-2 (p) [For the purposes of this section, a basin is designated
13-3 as provided in accordance with Section 16.051 of this code.] A
13-4 river basin may not be redesignated in order to allow a transfer or
13-5 diversion of water otherwise in violation of this section.
13-6 SECTION 13. Section 15.008, Water Code, is amended to read
13-7 as follows:
13-8 Sec. 15.008. GRANT STANDARDS. The law regarding uniform
13-9 grants and contract management, Chapter 783, Government Code,
13-10 [Uniform Grant and Contract Management Act of 1981 (Article
13-11 4413(32g), Vernon's Texas Civil Statutes)] does not apply to a
13-12 contract under Subchapter F, H, [or] K, or P [of this chapter].
13-13 SECTION 14. Subsection (b), Section 15.011, Water Code, is
13-14 amended to read as follows:
13-15 (b) After notice and hearing and subject to any limitations
13-16 established by the General Appropriations Act, the board may
13-17 transfer money from the fund to the loan fund created under
13-18 Subchapter C of this chapter, the storage acquisition fund created
13-19 under Subchapter E of this chapter, the research and planning fund
13-20 created under Subchapter F of this chapter, the hydrographic survey
13-21 account created under Subchapter M of this chapter, provided the
13-22 hydrographic survey account transfer does not exceed $425,000,
13-23 [and] the aquatic vegetation management fund created under
13-24 Subchapter N of this chapter, the rural community water and
13-25 wastewater loan fund created under Subchapter O of this chapter,
13-26 and the colonia self-help account created under Subchapter P of
14-1 this chapter.
14-2 SECTION 15. Subsection (c), Section 15.012, Water Code, is
14-3 amended to read as follows:
14-4 (c) Money appropriated to the fund by the legislature for a
14-5 specific purpose stated in Subchapter C, E, F, M, [or] N, O, or P
14-6 of this chapter shall be placed in the appropriate fund or account
14-7 created by that subchapter.
14-8 SECTION 16. Subsection (b), Section 15.102, Water Code, is
14-9 amended to read as follows:
14-10 (b) The loan fund may also be used by the board to provide
14-11 grants for:
14-12 (1) projects that include supplying water and
14-13 wastewater services in economically distressed areas, including
14-14 projects involving retail distribution of those services;
14-15 (2) projects for which federal grant funds are placed
14-16 in the loan fund;
14-17 (3) projects, on specific legislative appropriation
14-18 for those projects; or
14-19 (4) desalination, brush control, weather modification,
14-20 regionalization, and projects providing regional water quality
14-21 enhancement services as defined by board rule, including regional
14-22 conveyance systems.
14-23 SECTION 17. Section 15.104, Water Code, is amended to read
14-24 as follows:
14-25 Sec. 15.104. FINDINGS REGARDING PERMITS. (a) The board
14-26 shall not release funds for the construction of that portion of a
15-1 project that proposes surface water or groundwater development
15-2 [deliver funds pursuant to an application for financial assistance
15-3 from the loan fund] until the executive administrator makes a
15-4 written finding:
15-5 (1) that an applicant proposing surface-water
15-6 development has the necessary water right authorizing it to
15-7 appropriate and use the water that the project will provide; or
15-8 (2) that an applicant proposing groundwater
15-9 [underground water] development has the right to use water that the
15-10 project will provide.
15-11 (b) The board may release funds for the costs of planning,
15-12 engineering, architectural, legal, title, fiscal, or economic
15-13 investigation, studies, surveys, or designs before making the
15-14 finding required under Subsection (a) if the executive
15-15 administrator determines that a reasonable expectation exists that
15-16 the finding will be made before the release of funds for
15-17 construction.
15-18 (c) If an applicant includes a proposal for a waste water
15-19 treatment plant, the board may not deliver funds for the waste
15-20 water treatment plant until the applicant has received a permit for
15-21 construction and operation of the waste water treatment plant and
15-22 approval of the plans and specifications from the commission. If
15-23 the applicant proposes a waste water treatment plant that is
15-24 located outside of the jurisdiction of this state and that is not
15-25 subject to the permitting authority of the commission, the board
15-26 must review the plans and specifications in coordination with the
16-1 commission and find that the waste water treatment plant is capable
16-2 of producing effluent that will meet federal and state-approved
16-3 water quality standards.
16-4 SECTION 18. Section 15.434, Water Code, is amended to read
16-5 as follows:
16-6 Sec. 15.434. USE OF MONEY IN FUND. Money deposited to the
16-7 credit of the agricultural soil and water conservation fund, on
16-8 appropriation by the legislature to the board, the Department of
16-9 Agriculture, the State Soil and Water Conservation Board, the Texas
16-10 Agricultural Experiment Station, the Texas Agricultural Extension
16-11 Service, public colleges and universities, and other state agencies
16-12 shall be used for the following purposes:
16-13 (1) agricultural water conservation technical
16-14 assistance programs;
16-15 (2) agricultural water conservation, education, and
16-16 demonstration programs;
16-17 (3) purchase of equipment, including demonstration and
16-18 educational equipment;
16-19 (4) grants made to groundwater [underground water]
16-20 conservation districts and political subdivisions for the purchase
16-21 of equipment under programs established by Subchapter H of this
16-22 chapter;
16-23 (5) research in water utilization and conservation
16-24 including artificial recharge and secondary recovery of groundwater
16-25 [underground water];
16-26 (6) desalination [desalinization];
17-1 (7) weather modification;
17-2 (8) technical assistance programs for developing
17-3 on-farm soil and water conservation plans developed jointly by
17-4 landowners and operators and local soil and water conservation
17-5 districts, as provided by Subchapter H, Chapter 201, Agriculture
17-6 Code;
17-7 (9) research and demonstration relating to the
17-8 production of native and low-water-use plants and water-efficient
17-9 crops;
17-10 (10) a pilot program for low-interest loans for the
17-11 purchase of agricultural water conservation systems established by
17-12 Subchapter I of this chapter; and
17-13 (11) research, demonstration, and education relating
17-14 to brush control.
17-15 SECTION 19. Subsection (a), Section 15.601, Water Code, is
17-16 amended to read as follows:
17-17 (a) The state water pollution control revolving fund shall
17-18 be administered by the board under this subchapter and rules
17-19 adopted by the board. The fund shall be used to provide financial
17-20 assistance to political subdivisions for construction of treatment
17-21 works and to persons for nonpoint source pollution control and
17-22 abatement projects under Section 15.603(h), in accordance with the
17-23 capitalization grant program established under the Federal Water
17-24 Pollution Control Act (33 U.S.C. 1251 et seq.).
17-25 SECTION 20. Section 15.603, Water Code, is amended by
17-26 amending Subsection (a) and adding Subsection (h) to read as
18-1 follows:
18-2 (a) The revolving fund is held separately from other funds
18-3 by the board outside the State Treasury to provide financial
18-4 assistance to political subdivisions for construction of treatment
18-5 works and to persons for nonpoint source pollution control and
18-6 abatement projects under Subsection (h).
18-7 (h) The board may establish a separate account in the
18-8 revolving fund to be used solely for providing financial assistance
18-9 to persons for nonpoint source pollution control and abatement
18-10 projects. The account shall be composed solely of funds
18-11 appropriated by the legislature, funds provided as gifts or grants
18-12 by the United States, interest earnings on amounts credited to the
18-13 account, and repayments of loans made from the account. The board
18-14 shall adopt rules establishing the criteria for eligibility and the
18-15 terms of assistance for persons that receive financial assistance
18-16 from the account.
18-17 SECTION 21. Subsection (a), Section 15.804, Water Code, is
18-18 amended to read as follows:
18-19 (a) On the request of a political subdivision or agency of
18-20 this state or a neighboring state or a federal agency, the board
18-21 may perform [for the political subdivision] a hydrographic survey
18-22 in this state or outside of this state if the information collected
18-23 will benefit this state. The board may perform a survey under this
18-24 section:
18-25 (1) to determine:
18-26 (A) reservoir storage capacity;
19-1 (B) sedimentation levels;
19-2 (C) rates of sedimentation;
19-3 (D) projected water supply availability; or
19-4 [and]
19-5 (E) potential mitigative measures; [and]
19-6 (2) to conduct [for] other bathymetric studies; or
19-7 (3) to collect information relating to water-bearing
19-8 formations.
19-9 SECTION 22. Chapter 15, Water Code, is amended by adding
19-10 Subchapter O to read as follows:
19-11 SUBCHAPTER O. PILOT PROGRAM FOR WATER AND WASTEWATER
19-12 LOANS FOR RURAL COMMUNITIES
19-13 Sec. 15.901. DEFINITIONS. In this subchapter:
19-14 (1) "Fund" means the rural community water and
19-15 wastewater loan fund.
19-16 (2) "Political subdivision" means a municipality, a
19-17 county, or a district or authority created under Section 52,
19-18 Article III, or Section 59, Article XVI, Texas Constitution.
19-19 (3) "Rural community" means:
19-20 (A) a municipality or county with a population
19-21 of less than 5,000; or
19-22 (B) a district or authority created under
19-23 Section 52, Article III, or Section 59, Article XVI, Texas
19-24 Constitution, with a population of less than 5,000 that is located
19-25 outside the boundaries or extraterritorial jurisdiction of a
19-26 municipality.
20-1 Sec. 15.902. RURAL COMMUNITY WATER AND WASTEWATER LOAN FUND.
20-2 (a) The rural community water and wastewater loan fund is an
20-3 account in the water assistance fund.
20-4 (b) The fund consists of:
20-5 (1) money transferred to the fund from the water
20-6 assistance fund under Section 15.011(b);
20-7 (2) proceeds from the sale of political subdivision
20-8 bonds by the board to the Texas Water Resources Finance Authority
20-9 as provided by Section 17.0871; and
20-10 (3) repayments of loans made from the fund.
20-11 Sec. 15.903. FINANCIAL ASSISTANCE. (a) The fund may be
20-12 used by the board to provide loans of financial assistance to rural
20-13 communities for the construction, acquisition, or improvement of
20-14 water and wastewater projects.
20-15 (b) The board may make financial assistance available to a
20-16 rural community by entering into a loan agreement and promissory
20-17 note with the rural community, as provided by this subchapter. A
20-18 rural community may apply for and accept the financial assistance.
20-19 (c) The loan agreement must provide for the payment of
20-20 principal and interest on the debt incurred for the project at a
20-21 rate to be determined by the board.
20-22 (d) The loan agreement must provide for the issuance of a
20-23 promissory note payable to the board to evidence the obligation of
20-24 the rural community to repay the loan made in accordance with the
20-25 terms of the loan agreement.
20-26 (e) A loan provided under this subchapter may not exceed
21-1 $250,000 for each project, and the term of a loan may not exceed 20
21-2 years.
21-3 Sec. 15.904. USE OF SALES TAX AS LOAN SECURITY. (a) A
21-4 rural community that is a municipality or county may pledge a
21-5 percentage of the sales and use tax revenue received under Chapter
21-6 321 or 323, Tax Code, as applicable, to the payment of debt
21-7 incurred under a loan agreement entered into with the board under
21-8 this subchapter if a majority of the voters voting at an election
21-9 called and held for that purpose authorize the municipality or
21-10 county to pledge a portion of that revenue for that purpose.
21-11 (b) Sections 321.506, 321.507, and 323.505, Tax Code, do not
21-12 apply to taxes pledged under this subchapter.
21-13 Sec. 15.905. REVIEW AND APPROVAL OF LOAN AGREEMENT BY
21-14 ATTORNEY GENERAL. (a) Before a loan agreement may become
21-15 effective, a record of the proceedings of the board and the rural
21-16 community authorizing the execution of the loan agreement, the loan
21-17 agreement, the promissory note, and any contract providing revenue
21-18 or security to pay the promissory note must be submitted to the
21-19 attorney general for review and approval.
21-20 (b) If the attorney general finds that the loan agreement
21-21 and the promissory note are valid and binding obligations of the
21-22 rural community, the attorney general shall approve the documents
21-23 and deliver them to the comptroller, the board, and the rural
21-24 community, together with a copy of the attorney general's legal
21-25 opinion stating that approval.
21-26 Sec. 15.906. REGISTRATION. On receipt of the documents
22-1 required by Section 15.905(b), the comptroller shall register the
22-2 record of the proceedings relating to the execution of a loan
22-3 agreement.
22-4 Sec. 15.907. VALIDITY AND INCONTESTABILITY. On approval by
22-5 the attorney general and registration by the comptroller, the loan
22-6 agreement, the promissory note, a contract providing revenue or
22-7 security, and any other obligation evidencing the debt are
22-8 incontestable in a court and are valid, binding, and enforceable
22-9 according to their terms.
22-10 Sec. 15.908. ENFORCEMENT BY MANDAMUS. Payment of
22-11 obligations incurred under a loan agreement and other requirements
22-12 of this subchapter may be enforced in a court by mandamus or other
22-13 appropriate proceedings.
22-14 Sec. 15.909. RULES. The board shall adopt necessary rules
22-15 to administer this subchapter, including rules establishing
22-16 procedures for application for and award of loans.
22-17 Sec. 15.910. APPLICATION FOR ASSISTANCE. (a) In an
22-18 application to the board for financial assistance from the fund,
22-19 the rural community must include:
22-20 (1) the name of the rural community and its principal
22-21 officers;
22-22 (2) a citation of the law under which the rural
22-23 community operates and was created;
22-24 (3) a description of the water or wastewater project
22-25 for which the financial assistance will be used;
22-26 (4) the total cost of the project;
23-1 (5) the amount of state financial assistance
23-2 requested;
23-3 (6) the plan for repaying the total cost of the
23-4 project; and
23-5 (7) any other information the board requires in order
23-6 to perform its duties and to protect the public interest.
23-7 (b) The board may not accept an application for a loan of
23-8 financial assistance from the fund unless it is submitted in
23-9 affidavit form by the officials of the rural community. The board
23-10 shall prescribe the affidavit form in its rules.
23-11 (c) If a rural community has a program of water
23-12 conservation, the rural community shall state in the application
23-13 that the rural community has such a program.
23-14 Sec. 15.911. FINDINGS REGARDING PERMITS. (a) The board may
23-15 not release funds for the construction phase of that portion of a
23-16 project that proposes surface water or groundwater development
23-17 until the executive administrator makes a written finding:
23-18 (1) that a rural community proposing surface water
23-19 development has the necessary water right authorizing it to
23-20 appropriate and use the water that the project will provide; or
23-21 (2) that a rural community proposing groundwater
23-22 development has the right to use water that the project will
23-23 provide.
23-24 (b) If a rural community includes a proposal for a
23-25 wastewater treatment project, the board may not release funds for
23-26 the project construction until the rural community has received a
24-1 permit for the construction and operation of the project and
24-2 approval of the plans and specifications for the project in a
24-3 manner that will satisfy commission requirements for design
24-4 criteria and permit conditions that apply to construction
24-5 activities.
24-6 Sec. 15.912. CONSIDERATIONS IN ACTING ON APPLICATION. In
24-7 acting on an application for financial assistance, the board shall
24-8 consider:
24-9 (1) the needs of the area to be served by the project
24-10 and the benefit of the project to the area in relation to the needs
24-11 of other areas requiring state assistance in any manner and the
24-12 benefits of those projects to the other areas;
24-13 (2) the availability of revenue to the rural community
24-14 from all sources for the ultimate repayment of the cost of the
24-15 project, including all interest;
24-16 (3) the relationship of the project to overall
24-17 statewide needs; and
24-18 (4) any other factors that the board considers
24-19 relevant.
24-20 Sec. 15.913. APPROVAL OF APPLICATION. The board by
24-21 resolution may approve an application for a loan if, after
24-22 considering the factors listed in Section 15.912 and any other
24-23 relevant factors, the board finds that:
24-24 (1) the public interest requires state participation
24-25 in the project; and
24-26 (2) the revenue or taxes pledged by the rural
25-1 community will be sufficient to meet all the obligations assumed by
25-2 the rural community during the succeeding period of not more than
25-3 20 years.
25-4 Sec. 15.914. CONSTRUCTION CONTRACT REQUIREMENTS. The
25-5 governing body of each rural community receiving financial
25-6 assistance from the board under this subchapter shall require in
25-7 all contracts for the construction of a project that:
25-8 (1) each bidder furnish a bid guarantee equivalent to
25-9 five percent of the bid price;
25-10 (2) each contractor awarded a construction contract
25-11 furnish performance and payment bonds as follows:
25-12 (A) the performance bond must include guarantees
25-13 that work done under the contract will be completed and performed
25-14 according to approved plans and specifications and in accordance
25-15 with sound construction principles and practices; and
25-16 (B) the performance and payment bonds must be in
25-17 a penal sum of not less than 100 percent of the contract price and
25-18 remain in effect for one year after the date of approval by the
25-19 engineer of the political subdivision;
25-20 (3) payment be made in partial payments as the work
25-21 progresses;
25-22 (4) each partial payment not exceed 95 percent of the
25-23 amount due at the time of the payment as shown by the engineer of
25-24 the project, but, if the project is substantially complete, a
25-25 partial release of the five percent retainage may be made by the
25-26 rural community with approval of the executive administrator;
26-1 (5) payment of the retainage remaining due on
26-2 completion of the contract be made only after:
26-3 (A) approval by the engineer for the rural
26-4 community as required under the bond proceedings;
26-5 (B) approval by the governing body of the rural
26-6 community by a resolution or other formal action; and
26-7 (C) certification by the executive administrator
26-8 in accordance with the rules of the board that the work to be done
26-9 under the contract has been completed and performed in a
26-10 satisfactory manner and in accordance with sound engineering
26-11 principles and practices;
26-12 (6) no valid approval be granted unless the work done
26-13 under the contract has been completed and performed in a
26-14 satisfactory manner according to approved plans and specifications;
26-15 and
26-16 (7) labor from inside the rural community be used to
26-17 the extent possible.
26-18 Sec. 15.915. FILING CONSTRUCTION CONTRACT. The rural
26-19 community shall file with the board a certified copy of each
26-20 construction contract it enters into for the construction of all or
26-21 part of a project. Each contract must contain or have attached to
26-22 it the specifications, plans, and details of all work included in
26-23 the contract.
26-24 Sec. 15.916. INSPECTION OF PROJECTS. (a) The board may
26-25 inspect the construction of a project at any time to assure that:
26-26 (1) the contractor is substantially complying with the
27-1 approved engineering plans of the project; and
27-2 (2) the contractor is constructing the project in
27-3 accordance with sound engineering principles.
27-4 (b) Inspection of a project by the board does not subject
27-5 the state to any civil liability.
27-6 Sec. 15.917. ALTERATION OF PLANS. After the executive
27-7 administrator approves the engineering plans, a rural community may
27-8 not make any substantial or material alteration in the plans unless
27-9 the executive administrator authorizes the alteration. The board
27-10 shall review and approve or disapprove plans and specifications for
27-11 all sewage collection, treatment, and disposal systems for which
27-12 financial assistance is provided from the fund in a manner that
27-13 will satisfy commission requirements for design criteria and permit
27-14 conditions that apply to construction activities.
27-15 Sec. 15.918. CERTIFICATE OF APPROVAL. The executive
27-16 administrator may consider the following as grounds for refusal to
27-17 give a certificate of approval for any construction contract:
27-18 (1) failure to construct the project according to the
27-19 approved plans;
27-20 (2) failure to construct the works in accordance with
27-21 sound engineering principles; or
27-22 (3) failure to comply with any term of the contract.
27-23 Sec. 15.919. REPORT TO LEGISLATURE. (a) Not later than
27-24 January 1, 2005, the board shall report to the legislature on the
27-25 program established under this subchapter.
27-26 (b) The report must include:
28-1 (1) the number of applications received;
28-2 (2) the number of loans funded;
28-3 (3) the types of projects funded;
28-4 (4) the total funds allocated;
28-5 (5) available performance measures; and
28-6 (6) the expected feasibility of and demand for an
28-7 expanded rural community water and wastewater loan program.
28-8 Sec. 15.920. AUTHORITY OF RURAL COMMUNITIES. Rural
28-9 communities that receive financial assistance from the fund are
28-10 granted all necessary authority to enter into loan agreements and
28-11 issue promissory notes in connection with the financial assistance
28-12 granted under this subchapter.
28-13 SECTION 23. Chapter 15, Water Code, is amended by adding
28-14 Subchapter P to read as follows:
28-15 SUBCHAPTER P. COLONIA SELF-HELP PROGRAM
28-16 Sec. 15.951. DEFINITIONS. In this subchapter:
28-17 (1) "Account" means the colonia self-help account.
28-18 (2) "Colonia" means a geographic area that:
28-19 (A) is an economically distressed area as
28-20 defined by Section 17.921; and
28-21 (B) is located in a county any part of which is
28-22 within 50 miles of an international border.
28-23 (3) "Program" means the colonia self-help program
28-24 established under this subchapter.
28-25 (4) "Retail public utility" has the meaning assigned
28-26 by Section 13.002.
29-1 (5) "Self-help project" means a project in which the
29-2 people who will benefit from the project actively participate.
29-3 Sec. 15.952. CREATION OF ACCOUNT. (a) The colonia
29-4 self-help account is an account in the general revenue fund that
29-5 may be appropriated only for the purposes of this subchapter.
29-6 (b) The account consists of:
29-7 (1) money transferred by the legislature directly to
29-8 the account;
29-9 (2) money transferred at the board's discretion from
29-10 the fund;
29-11 (3) gifts, grants, or donations to the account; and
29-12 (4) interest earned on money credited to the account.
29-13 (c) Sections 403.095 and 404.071, Government Code, do not
29-14 apply to the account.
29-15 Sec. 15.953. USE OF ACCOUNT. (a) The board may use funds
29-16 in the account only to reimburse nonprofit organizations eligible
29-17 under Section 15.954 for expenses incurred in a self-help project
29-18 that results in the provision of adequate water or wastewater
29-19 services to a colonia. Expenses that may be reimbursed include:
29-20 (1) construction expenses;
29-21 (2) facility planning expenses;
29-22 (3) platting expenses;
29-23 (4) surveying expenses;
29-24 (5) engineering expenses;
29-25 (6) equipment expenses; and
29-26 (7) other expenses necessary to provide water or
30-1 wastewater services to the colonia, as determined appropriate by
30-2 the board.
30-3 (b) The board may award a grant under the program directly
30-4 to a nonprofit organization to reimburse the organization for
30-5 expenses incurred in a self-help project described by Subsection
30-6 (a).
30-7 Sec. 15.954. ELIGIBLE NONPROFIT ORGANIZATIONS. To be
30-8 eligible to receive a grant under the program, an organization
30-9 must:
30-10 (1) apply for the grant;
30-11 (2) qualify for an exemption from federal income taxes
30-12 under Section 501(c)(3), Internal Revenue Code of 1986, as amended;
30-13 and
30-14 (3) as of January 1, 2001, have a demonstrated record
30-15 of completing in coordination with a retail public utility
30-16 construction of self-help projects described by Section 15.953(a).
30-17 Sec. 15.955. GRANT APPLICATION. An eligible nonprofit
30-18 organization must apply to the board for a grant under the program
30-19 before incurring any expense associated with a self-help project
30-20 described by Section 15.953(a). The application must include:
30-21 (1) the name of the nonprofit organization, the names
30-22 of the organization's principal officers, and verification of the
30-23 organization's 501(c)(3) status;
30-24 (2) a description of the project area, the anticipated
30-25 number of water and wastewater connections to be made, and the
30-26 anticipated number of colonia residents to be served;
31-1 (3) a description of the existing water and wastewater
31-2 facilities in the colonia;
31-3 (4) a description of the project and the aspect of the
31-4 project for which the grant will be used;
31-5 (5) a description of the anticipated participation in
31-6 the project by residents of the colonia;
31-7 (6) the estimated total cost of both the project and
31-8 the aspect of the project for which the grant will be used;
31-9 (7) the amount of the grant that is requested from the
31-10 account and the sources of funding for the entire project;
31-11 (8) from a retail public utility authorized to provide
31-12 water or wastewater services to the colonia, a resolution in which
31-13 the retail public utility:
31-14 (A) agrees to inspect the project during and
31-15 after construction to ensure the adequacy of the project; and
31-16 (B) commits to provide the water or wastewater
31-17 services that the project intends to use; and
31-18 (9) any other information required by the board.
31-19 Sec. 15.956. BOARD CONSIDERATIONS IN EVALUATING GRANT
31-20 APPLICATION. In evaluating an application for a grant under the
31-21 program, the board shall consider:
31-22 (1) the number, quality, and character of projects
31-23 previously completed by the applicant; and
31-24 (2) the capability of the retail public utility to
31-25 provide water or wastewater services to the colonia on completion
31-26 of the project.
32-1 Sec. 15.957. ACTION ON GRANT APPLICATION. (a) Not later
32-2 than the 60th day after the date the board receives a complete
32-3 application for a grant under the program, the board by written
32-4 resolution shall:
32-5 (1) approve the application; or
32-6 (2) disapprove the application.
32-7 (b) On approval of an application, the board shall authorize
32-8 the executive administrator of the board to execute a contract with
32-9 the applicant for a grant to reimburse eligible expenses. The
32-10 contract may provide a budget, schedule, terms for payment of
32-11 funds, and any other terms the board or its executive administrator
32-12 considers appropriate.
32-13 Sec. 15.958. RULES. The board shall adopt rules necessary
32-14 to administer the program established under this subchapter.
32-15 Sec. 15.959. CO-ADMINISTRATION. The program shall be
32-16 co-administered by the office of the secretary of state until the
32-17 second anniversary of the date on which the program begins
32-18 operations under this subchapter.
32-19 SECTION 24. Subchapter B, Chapter 16, Water Code, is amended
32-20 by amending Section 16.021 and adding Section 16.022 to read as
32-21 follows:
32-22 Sec. 16.021. TEXAS NATURAL RESOURCES INFORMATION SYSTEM.
32-23 (a) The executive administrator shall establish the Texas Natural
32-24 Resources Information System (TNRIS) to serve Texas agencies and
32-25 citizens as a centralized clearinghouse and referral center for
32-26 natural resource, census, and other socioeconomic data.
33-1 (b) The executive administrator may, on behalf of TNRIS,
33-2 enter into partnerships with private entities to provide additional
33-3 funding for improved access to TNRIS information. The board shall
33-4 adopt administrative rules to describe the process of establishing
33-5 partnerships, define the types of partnerships that may be formed,
33-6 establish the fee collection process, and define the
33-7 nondiscriminatory methods used to determine which private entities
33-8 may enter into partnerships. Any process developed by the board
33-9 must comply with all applicable laws regarding ethics, purchasing,
33-10 and contracts.
33-11 (c) The Texas Geographic Information Council (TGIC) is
33-12 created to provide strategic planning and coordination in the
33-13 acquisition and use of geo-spatial data and related technologies in
33-14 the State of Texas. The executive administrator and the executive
33-15 director of the Department of Information Resources shall designate
33-16 entities to be members of the TGIC. The chief administrative
33-17 officer of each member entity shall select one representative to
33-18 serve on the TGIC. The duties of the TGIC shall include providing
33-19 guidance to the executive administrator in carrying out the
33-20 executive administrator's [his] duties under this section and
33-21 guidance to the Department of Information Resources for development
33-22 of rules related to statewide geo-spatial data and technology
33-23 standards.
33-24 (d) Member entities of the TGIC that are state agencies
33-25 shall, and member entities that are not state agencies may, provide
33-26 information to the TGIC about their investments in geographic
34-1 information and plans for its use. Not later than September 1 of
34-2 each even-numbered year, the TGIC shall prepare and provide to the
34-3 board, the Department of Information Resources, the governor, and
34-4 the legislature a plan that inventories known state agency
34-5 geographic information systems projects and recommends initiatives
34-6 to improve the state's geographic information systems programs.
34-7 (e) [(c)] Under the guidance of the TGIC, the executive
34-8 administrator shall:
34-9 (1) further develop the Texas Natural Resources
34-10 Information System by promoting and providing for effective
34-11 acquisition, archiving, documentation, indexing, and dissemination
34-12 of natural resource and related digital and nondigital data and
34-13 information;
34-14 (2) obtain information in response to disagreements
34-15 regarding names and name spellings for natural and cultural
34-16 features in the state and provide this information to the Board on
34-17 Geographic Names of the United States Department of the Interior;
34-18 (3) make recommendations to the Board on Geographic
34-19 Names of the United States Department of the Interior for naming
34-20 any natural or cultural feature subject to the limitations provided
34-21 by Subsection (f) [(d) of this section];
34-22 (4) make recommendations to the Department of
34-23 Information Resources to adopt and promote standards that
34-24 facilitate sharing of digital natural resource data and related
34-25 socioeconomic data among federal, state, and local governments and
34-26 other interested parties;
35-1 (5) acquire and disseminate natural resource and
35-2 related socioeconomic data describing the Texas-Mexico border
35-3 region; and
35-4 (6) coordinate, conduct, and facilitate the
35-5 development, maintenance, and use of mutually compatible statewide
35-6 digital base maps depicting natural resources and man-made
35-7 features.
35-8 (f) [(d)] A recommendation may not be made under
35-9 [Subdivision (3) of] Subsection (e)(3) [(c) of this section] for:
35-10 (1) a feature previously named under statutory
35-11 authority or recognized by an agency of the federal government, the
35-12 state, or a political subdivision of the state;
35-13 (2) a feature located on private property for which
35-14 consent of the property owner cannot be obtained; or
35-15 (3) naming a natural or cultural feature for a living
35-16 person.
35-17 Sec. 16.022. WATER CONSERVATION STUDY. (a) The board and
35-18 the State Soil and Water Conservation Board shall jointly conduct a
35-19 study of the ways to improve or expand water conservation efforts
35-20 and report to the legislature.
35-21 (b) The report must include:
35-22 (1) an assessment of both agricultural and municipal
35-23 water conservation issues;
35-24 (2) information on existing conservation efforts by
35-25 the board and the State Soil and Water Conservation Board;
35-26 (3) information on existing conservation efforts by
36-1 municipalities receiving funding from the board, as specified in
36-2 water conservation plans submitted by the municipalities as part of
36-3 their applications for assistance;
36-4 (4) a discussion of future conservation needs;
36-5 (5) an analysis of programmatic approaches and funding
36-6 for additional conservation efforts;
36-7 (6) an assessment of existing statutory authority and
36-8 whether changes are needed to more effectively promote and fund
36-9 conservation projects; and
36-10 (7) an assessment of the board's agricultural water
36-11 conservation program.
36-12 (c) The report shall be issued as part of, or as a
36-13 supplement to, the state water plan.
36-14 SECTION 25. Subsection (j), Section 16.053, Water Code, is
36-15 amended to read as follows:
36-16 (j) The board may provide financial assistance to political
36-17 subdivisions under Subchapters E and F of this chapter, Subchapters
36-18 C, D, E, F, [and] J, and O, Chapter 15, and Subchapters D, I, K,
36-19 and L, Chapter 17, for water supply projects only if:
36-20 (1) the board determines that the needs to be
36-21 addressed by the project will be addressed in a manner that is
36-22 consistent with the state water plan; and
36-23 (2) beginning January 5, 2002, the board:
36-24 (A) has approved a regional water plan as
36-25 provided by Subsection (i), and any required updates of the plan,
36-26 for the region of the state that includes the area benefiting from
37-1 the proposed project; and
37-2 (B) determines that the needs to be addressed by
37-3 the project will be addressed in a manner that is consistent with
37-4 that regional water plan.
37-5 SECTION 26. Section 16.136, Water Code, is amended to read
37-6 as follows:
37-7 Sec. 16.136. FACILITIES WANTED BY POLITICAL SUBDIVISION.
37-8 The board may acquire all or part [up to 50 percent] of any
37-9 authorized facility to the extent that the board finds that the
37-10 political subdivision:
37-11 (1) is willing and reasonably able to finance that
37-12 portion [at least 50 percent] of the cost of the facility that the
37-13 board does not acquire;
37-14 (2) has obtained all necessary permits;
37-15 (3) has proposals that are consistent with the
37-16 objectives of the state water plan; and
37-17 (4) has a program of water conservation for the more
37-18 efficient use of water as required by Section 15.106 of this code.
37-19 SECTION 27. Subsection (g), Section 16.343, Water Code, is
37-20 amended to read as follows:
37-21 (g) Before [filing] an application for funds [for facility
37-22 engineering] under Section 15.407 or Subchapter P, Chapter 15, [of
37-23 this code] or [financial assistance under] Subchapter K, Chapter
37-24 17, may be considered by the board [of this code], a political
37-25 subdivision must adopt the model rules pursuant to this section.
37-26 If the applicant is [or, in the case of] a district, [or] nonprofit
38-1 water supply corporation, or colonia, the applicant must be located
38-2 in a city or county that has adopted such rules. Applicants for
38-3 funds under Section 15.407 or Subchapter P, Chapter 15, or
38-4 Subchapter K, Chapter 17, may not receive funds under those
38-5 provisions unless the applicable political subdivision [An affected
38-6 county may not receive funds under either Section 15.407 of this
38-7 code or Subchapter K, Chapter 17, of this code unless the county]
38-8 adopts and enforces the model rules.
38-9 SECTION 28. Subsection (g), Section 17.0871, Water Code, is
38-10 amended to read as follows:
38-11 (g) The accrued interest portion of proceeds from the sale
38-12 of political subdivision bonds shall be disposed of as otherwise
38-13 provided by this chapter. Money not applied to discharges,
38-14 payments, or redemptions shall be deposited in the development
38-15 fund, the administrative fund, the water assistance fund, or the
38-16 agricultural water conservation fund, as appropriate, to be used
38-17 for the purposes provided by law.
38-18 SECTION 29. Section 17.123, Water Code, is amended to read
38-19 as follows:
38-20 Sec. 17.123. FINDINGS REGARDING PERMITS. (a) The board
38-21 shall not release funds for the construction of that portion of a
38-22 project that proposes surface water or groundwater development
38-23 [deliver funds pursuant to an application for financial assistance]
38-24 until the executive administrator makes a written finding:
38-25 (1) that an applicant proposing surface-water
38-26 development has the necessary water right authorizing it to
39-1 appropriate and use the water which the water supply project will
39-2 provide; or
39-3 (2) that an applicant proposing groundwater
39-4 [underground water] development has the right to use water that the
39-5 water supply project will provide.
39-6 (b) The board may release funds for the costs of planning,
39-7 engineering, architectural, legal, title, fiscal, or economic
39-8 investigation, studies, surveys, or designs before making the
39-9 finding required under Subsection (a) if the executive
39-10 administrator determines that a reasonable expectation exists that
39-11 the finding will be made before the release of funds for
39-12 construction.
39-13 SECTION 30. Subdivision (7), Section 17.871, Water Code, is
39-14 amended to read as follows:
39-15 (7) "Loan" means a loan from the board to a lender
39-16 district under this subchapter, except as provided by Section
39-17 17.894(b).
39-18 SECTION 31. Section 17.894, Water Code, is amended to read
39-19 as follows:
39-20 Sec. 17.894. USE OF FUND. (a) The board may use money in
39-21 the fund to make conservation loans directly to borrower districts,
39-22 to make loans to lender districts, and to pay the cost of bond
39-23 issuance.
39-24 (b) The board may use money in the fund:
39-25 (1) to make loans to political subdivisions other than
39-26 lender districts for agricultural water conservation projects;
40-1 (2) to make grants to political subdivisions for
40-2 agricultural water conservation projects as provided by legislative
40-3 appropriation; or
40-4 (3) to make grants to a state agency for the funding
40-5 of any agricultural water conservation program of that agency,
40-6 including a program in which the state agency provides funding to a
40-7 political subdivision or a person for agricultural water
40-8 conservation, as provided by legislative appropriation.
40-9 SECTION 32. Section 17.903, Water Code, is amended by
40-10 amending Subsection (b) and adding Subsection (c) to read as
40-11 follows:
40-12 (b) The board by rule may establish:
40-13 (1) procedures for applying for a loan or grant under
40-14 Section 17.894(b);
40-15 (2) procedures for considering and approving
40-16 applications and for making loans or grants under Section
40-17 17.894(b); and
40-18 (3) the rate of interest the board charges, if any,
40-19 for loans under Section 17.894(b).
40-20 (c) The board shall have the power to enter into any
40-21 contracts to carry out the provisions of this subchapter.
40-22 SECTION 33. Section 17.928, Water Code, is amended to read
40-23 as follows:
40-24 Sec. 17.928. FINDINGS REGARDING PERMITS. (a) The board
40-25 shall [may] not release funds for the construction of that portion
40-26 of a project that proposes surface water or groundwater development
41-1 [deliver funds pursuant to an application for financial assistance]
41-2 until the executive administrator makes a written finding:
41-3 (1) that an applicant proposing surface-water
41-4 development has the necessary water right authorizing it to
41-5 appropriate and use the water that the water supply project will
41-6 provide; or
41-7 (2) that an applicant proposing groundwater
41-8 [underground water] development has the right to use water that the
41-9 water supply project will provide.
41-10 (b) The board may release funds for the costs of planning,
41-11 engineering, architectural, legal, title, fiscal, or economic
41-12 investigation, studies, surveys, or designs before making the
41-13 finding required under Subsection (a) if the executive
41-14 administrator determines that a reasonable expectation exists that
41-15 the finding will be made before the release of funds for
41-16 construction.
41-17 (c) If an applicant includes a proposal for treatment works,
41-18 the board may not deliver funds for the treatment works until the
41-19 applicant has received a permit for construction and operation of
41-20 the treatment works and approval of the plans and specifications
41-21 from the commission or unless such a permit is not required by the
41-22 commission.
41-23 SECTION 34. Section 36.001, Water Code, is amended by adding
41-24 Subdivision (18) to read as follows:
41-25 (18) "Public water supply well" means, for purposes of
41-26 a district governed by this chapter, a well that produces the
42-1 majority of its water for use by a public water system.
42-2 SECTION 35. The heading to Subchapter Z, Chapter 2306,
42-3 Government Code, is amended to read as follows:
42-4 SUBCHAPTER Z. COLONIAS [COLONIA SELF-HELP CENTERS]
42-5 SECTION 36. Sections 2306.584 and 2306.585, Government Code,
42-6 are amended to read as follows:
42-7 Sec. 2306.584. COLONIA RESIDENT ADVISORY COMMITTEE.
42-8 (a) The department shall appoint not fewer than five persons who
42-9 are residents of colonias to serve on the Colonia Resident Advisory
42-10 Committee [an advisory committee]. The members of the advisory
42-11 committee shall be selected from lists of candidates submitted to
42-12 the department by local nonprofit organizations and the
42-13 commissioners court of a county in which a self-help center is
42-14 located.
42-15 (b) The department shall appoint one committee member to
42-16 represent each of the counties in which self-help centers are
42-17 located. Each committee member:
42-18 (1) must be a resident of a colonia in the county the
42-19 member represents; and
42-20 (2) may not be a board member, contractor, or employee
42-21 of or have any ownership interest in an entity that is awarded a
42-22 contract under this subchapter.
42-23 Sec. 2306.585. DUTIES OF COLONIA RESIDENT ADVISORY
42-24 COMMITTEE. (a) The Colonia Resident Advisory Committee
42-25 [committee] shall advise the department regarding:
42-26 (1) the needs of colonia residents;
43-1 (2) appropriate and effective programs that are
43-2 proposed or are operated through the self-help centers; and
43-3 (3) activities that may be undertaken through the
43-4 self-help centers to better serve the needs of colonia residents.
43-5 (b) The advisory committee shall meet before the 30th day
43-6 preceding the date on which a contract is scheduled to be awarded
43-7 for the operation of a self-help center and may meet at other
43-8 times.
43-9 SECTION 37. Subchapter Z, Chapter 2306, Government Code, is
43-10 amended by adding Section 2306.590 to read as follows:
43-11 Sec. 2306.590. COLONIA INITIATIVES ADVISORY COMMITTEE.
43-12 (a) The Colonia Initiatives Advisory Committee is composed of
43-13 seven members appointed by the governor as follows:
43-14 (1) one colonia resident;
43-15 (2) one representative of a nonprofit organization
43-16 that serves colonia residents;
43-17 (3) one representative of a political subdivision that
43-18 contains all or part of a colonia;
43-19 (4) one person to represent private interests in
43-20 banking or land development;
43-21 (5) one representative of a nonprofit utility;
43-22 (6) one representative of an engineering consultant
43-23 firm involved in economically distressed areas program projects
43-24 under Subchapter K, Chapter 17, Water Code; and
43-25 (7) one public member.
43-26 (b) Each committee member, except the public member, must
44-1 reside within 150 miles of the Texas-Mexico border.
44-2 (c) The secretary of state is an ex officio member of the
44-3 committee.
44-4 (d) The committee shall:
44-5 (1) review the progress of colonia water and
44-6 wastewater infrastructure projects managed by the Texas Water
44-7 Development Board and the state agency responsible for
44-8 administering the portion of the federal community development
44-9 block grant nonentitlement program that addresses the
44-10 infrastructure needs of colonias;
44-11 (2) present an update and make recommendations to the
44-12 board and the Texas Water Development Board annually at the joint
44-13 meeting required by Section 6.060(d), Water Code, regarding:
44-14 (A) efforts to ensure that colonia residents are
44-15 connected to the infrastructure funded by state agencies;
44-16 (B) the financial, managerial, and technical
44-17 capabilities of project owners and operators;
44-18 (C) the agencies' management of their colonia
44-19 programs and the effectiveness of their policies regarding
44-20 underperforming projects; and
44-21 (D) any other issues related to the effect of
44-22 state-managed infrastructure programs on colonia residents;
44-23 (3) review public comments regarding the colonia needs
44-24 assessment incorporated into the state low income housing plan
44-25 under Section 2306.0721; and
44-26 (4) based on the public comments reviewed under
45-1 Subdivision (3), recommend to the board new colonia programs or
45-2 improvements to existing colonia programs.
45-3 SECTION 38. Section 11.32, Tax Code, is amended to read as
45-4 follows:
45-5 Sec. 11.32. CERTAIN WATER CONSERVATION INITIATIVES. The
45-6 governing body of a taxing unit by official action of the governing
45-7 body adopted in the manner required by law for official actions may
45-8 exempt from taxation part or all of the assessed value of property
45-9 on which approved water conservation initiatives, desalination
45-10 projects, or brush control initiatives have been implemented. For
45-11 purposes of this section, approved water conservation,
45-12 desalination, and brush control initiatives shall be designated
45-13 pursuant to an ordinance or other law adopted by the governing
45-14 unit.
45-15 SECTION 39. Subchapter H, Chapter 151, Tax Code, is amended
45-16 by adding Section 151.355 to read as follows:
45-17 Sec. 151.355. WATER-RELATED EXEMPTIONS. The following are
45-18 exempted from taxes imposed by this chapter:
45-19 (1) rainwater harvesting equipment or supplies, water
45-20 recycling and reuse equipment or supplies, or other equipment,
45-21 services, or supplies used to reduce or eliminate water use;
45-22 (2) equipment, services, or supplies used for
45-23 desalination of surface water or groundwater;
45-24 (3) equipment, services, or supplies used for brush
45-25 control designed to enhance the availability of water;
45-26 (4) equipment, services, or supplies used for
46-1 precipitation enhancement;
46-2 (5) equipment, services, or supplies used to construct
46-3 or operate a water or wastewater system certified by the Texas
46-4 Natural Resource Conservation Commission as a regional system; and
46-5 (6) equipment, services, or supplies used to construct
46-6 or operate a water supply or wastewater system by a private entity
46-7 as a public-private partnership as certified by the political
46-8 subdivision that is a party to the project.
46-9 SECTION 40. (a) The Texas Water Development Board shall
46-10 adopt, not later than March 1, 2002, necessary rules to administer
46-11 the pilot program for water and wastewater loans for rural
46-12 communities created by Subchapter O, Chapter 15, Water Code, as
46-13 added by this Act.
46-14 (b) The Texas Water Development Board shall begin, not later
46-15 than September 1, 2002, to provide loans under Subchapter O,
46-16 Chapter 15, Water Code, as added by this Act.
46-17 SECTION 41. The Texas Water Development Board is required to
46-18 implement the colonia self-help program under Subchapter P, Chapter
46-19 15, Water Code, as added by this Act, only if the legislature
46-20 appropriates money specifically for that purpose. If the
46-21 legislature does not appropriate money specifically for that
46-22 purpose, the Texas Water Development Board may, but is not required
46-23 to, implement the colonia self-help program using other
46-24 appropriations available for that purpose.
46-25 SECTION 42. The changes in law made by this Act in the
46-26 prohibitions and qualifications applying to members of the Texas
47-1 Water Development Board do not affect the entitlement of a member
47-2 serving on the board immediately before September 1, 2001, to
47-3 continue to serve and function as a member of the board for the
47-4 remainder of the member's term. The changes in law apply only to a
47-5 member appointed on or after September 1, 2001.
47-6 SECTION 43. If Senate Bill No. 322, 77th Legislature,
47-7 Regular Session, 2001, becomes law and if that bill provides for
47-8 the creation of a Colonia Resident Advisory Committee, a Colonia
47-9 Initiatives Advisory Committee, or a committee having another name
47-10 that has functions similar to those of the Colonia Resident
47-11 Advisory Committee or the Colonia Initiatives Advisory Committee
47-12 created by this Act, it is the intent of the legislature that this
47-13 Act govern all matters relating to the committees and that the
47-14 provisions of Senate Bill No. 322 relating to the committees have
47-15 no effect.
47-16 SECTION 44. This Act takes effect September 1, 2001.
S.B. No. 312
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 312 passed the Senate on
April 30, 2001, by a viva-voce vote; May 22, 2001, Senate refused
to concur in House amendments and requested appointment of
Conference Committee; May 24, 2001, House granted request of the
Senate; May 27, 2001, Senate adopted Conference Committee Report by
a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 312 passed the House, with
amendments, on May 21, 2001, by a non-record vote; May 24, 2001,
House granted request of the Senate for appointment of Conference
Committee; May 27, 2001, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor