By Zaffirini S.B. No. 312
77R1051 QS-D
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 setting water project
6-12 priorities to be supported by state-funded programs, including the
6-13 Texas water development fund, the agricultural water conservation
6-14 fund, and the water assistance fund.
6-15 (b) The plan must:
6-16 (1) identify water funding needs in the state and set
6-17 forth a basis for allocating state-supported funding to address
6-18 those needs; and
6-19 (2) if applicable, provide details about:
6-20 (A) the reasons projects that did not meet the
6-21 goals identified in prior plans received funding; 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 15.601(a), Water Code, is amended to read
11-1 as follows:
11-2 (a) The state water pollution control revolving fund shall
11-3 be administered by the board under this subchapter and rules
11-4 adopted by the board. The fund shall be used to provide financial
11-5 assistance to political subdivisions for construction of treatment
11-6 works and to private entities for nonpoint source pollution control
11-7 and abatement projects under Section 15.603(h), in accordance with
11-8 the capitalization grant program established under the Federal
11-9 Water Pollution Control Act (33 U.S.C. 1251 et seq.).
11-10 SECTION 13. Section 15.603, Water Code, is amended by
11-11 amending Subsection (a) and adding Subsection (h) to read as
11-12 follows:
11-13 (a) The revolving fund is held separately from other funds
11-14 by the board outside the State Treasury to provide financial
11-15 assistance to political subdivisions, and to private entities from
11-16 the account established by Subsection (h), for construction of
11-17 treatment works.
11-18 (h) The board may establish a separate account in the
11-19 revolving fund, to be used solely for providing financial
11-20 assistance to private entities for nonpoint source pollution
11-21 control and abatement projects. The account shall be composed
11-22 solely of funds appropriated by the legislature, funds provided as
11-23 gifts or grants by the United States, interest earnings on amounts
11-24 credited to the account, and repayments of loans made from the
11-25 account. The board shall adopt rules establishing the criteria for
11-26 eligibility and the terms of assistance for private entities that
11-27 receive financial assistance from the account.
12-1 SECTION 14. Chapter 15, Water Code, is amended by adding
12-2 Subchapter O to read as follows:
12-3 SUBCHAPTER O. PILOT PROGRAM FOR WATER AND WASTEWATER
12-4 LOANS FOR RURAL COMMUNITIES
12-5 Sec. 15.901. DEFINITIONS. In this subchapter:
12-6 (1) "Fund" means the rural community water and
12-7 wastewater loan fund.
12-8 (2) "Political subdivision" means a city, a county, or
12-9 a district or authority created under Section 52, Article III, or
12-10 Section 59, Article XVI, Texas Constitution.
12-11 (3) "Rural community" means a political subdivision
12-12 with a population of less than 5,000.
12-13 Sec. 15.902. RURAL COMMUNITY WATER AND WASTEWATER LOAN FUND.
12-14 (a) The rural community water and wastewater loan fund is an
12-15 account in the water assistance fund.
12-16 (b) The fund consists of:
12-17 (1) money transferred to the fund from the water
12-18 assistance fund under Section 15.011(b);
12-19 (2) proceeds from the sale of political subdivision
12-20 bonds by the board to the Texas Water Resources Finance Authority
12-21 as provided by Section 17.0871; and
12-22 (3) repayments of loans made from the fund.
12-23 Sec. 15.903. FINANCIAL ASSISTANCE. (a) The fund may be used
12-24 by the board to provide loans of financial assistance to rural
12-25 communities for the construction, acquisition, or improvement of
12-26 water and wastewater projects that serve a public purpose, as
12-27 required by federal income tax law.
13-1 (b) The board may make financial assistance available to a
13-2 rural community by entering into a loan agreement with the rural
13-3 community, as provided by this subchapter. A rural community may
13-4 apply for and accept the financial assistance.
13-5 (c) The loan agreement must provide for the payment of
13-6 principal and interest on the debt incurred for the project at a
13-7 rate to be determined by the board.
13-8 (d) A loan provided under this subchapter may not exceed
13-9 $250,000 for each project, and the term of a loan may not exceed 20
13-10 years.
13-11 Sec. 15.904. USE OF SALES TAX AS LOAN SECURITY. (a) A rural
13-12 community that is a city or county may pledge a percentage of the
13-13 sales and use tax revenue received under Chapter 321 or 323, Tax
13-14 Code, as applicable, to the payment of debt incurred under a loan
13-15 agreement entered into with the board under this subchapter if a
13-16 majority of the voters voting at an election called and held for
13-17 that purpose authorize the city or county to pledge a portion of
13-18 that revenue for that purpose.
13-19 (b) Sections 321.506, 321.507, and 323.505, Tax Code, do not
13-20 apply to taxes pledged under this subchapter.
13-21 Sec. 15.905. REVIEW AND APPROVAL OF LOAN AGREEMENT BY
13-22 ATTORNEY GENERAL. (a) Before a loan agreement may be executed, a
13-23 record of the proceedings of the board and the rural community
13-24 authorizing the execution of the loan agreement, the loan
13-25 agreement, and any contract providing revenue or security to pay
13-26 the obligation evidenced by the loan agreement must be submitted to
13-27 the attorney general for review.
14-1 (b) If the attorney general finds that the loan agreement,
14-2 contract, and other authorizing proceedings conform to the
14-3 requirements of the Texas Constitution and this subchapter, the
14-4 attorney general shall approve them and deliver to the comptroller,
14-5 the board, and the rural community a copy of the attorney general's
14-6 legal opinion stating that approval.
14-7 (c) The board and the rural community may execute the loan
14-8 agreement after receipt of the attorney general's opinion.
14-9 Sec. 15.906. REGISTRATION. On receipt of the documents
14-10 required by Section 15.905(b), the comptroller shall register the
14-11 record of the proceedings relating to the execution of a loan
14-12 agreement.
14-13 Sec. 15.907. VALIDITY AND INCONTESTABILITY. On approval by
14-14 the attorney general, registration by the comptroller, and
14-15 execution of the loan agreement, the loan agreement, a contract
14-16 providing revenue or security, and any obligation evidenced by the
14-17 loan agreement are incontestable in a court and are valid, binding,
14-18 and enforceable according to their terms.
14-19 Sec. 15.908. ENFORCEMENT BY MANDAMUS. Payment of obligations
14-20 incurred under a loan agreement and other requirements of this
14-21 subchapter may be enforced in a court by mandamus or other
14-22 appropriate proceedings.
14-23 Sec. 15.909. RULES. The board shall adopt necessary rules to
14-24 administer this subchapter, including rules establishing procedures
14-25 for application for and award of loans, distribution of loans, and
14-26 administration of loans and the program established under this
14-27 subchapter.
15-1 Sec. 15.910. APPLICATION FOR ASSISTANCE. (a) In an
15-2 application to the board for financial assistance from the fund,
15-3 the applicant must include:
15-4 (1) the name of the rural community and its principal
15-5 officers;
15-6 (2) a citation of the law under which the rural
15-7 community operates and was created;
15-8 (3) a description of the water or wastewater project
15-9 for which the financial assistance will be used;
15-10 (4) the total cost of the project;
15-11 (5) the amount of state financial assistance
15-12 requested;
15-13 (6) the plan for repaying the total cost of the
15-14 project; and
15-15 (7) any other information the board requires in order
15-16 to perform its duties and to protect the public interest.
15-17 (b) The board may not accept an application for a loan of
15-18 financial assistance from the fund unless it is submitted in
15-19 affidavit form by the officials of the rural community. The board
15-20 shall prescribe the affidavit form in its rules.
15-21 (c) The rules may not restrict or prohibit the board from
15-22 requiring additional factual material from an applicant.
15-23 (d) If an applicant has a program of water conservation, the
15-24 applicant shall state in the application that the applicant has
15-25 such a program and shall describe that program in the manner
15-26 required by board rules.
15-27 Sec. 15.911. FINDINGS REGARDING PERMITS. (a) The board may
16-1 not deliver funds under an application for financial assistance
16-2 from the fund until the executive administrator makes a written
16-3 finding:
16-4 (1) that an applicant proposing surface water
16-5 development has the necessary water right authorizing it to
16-6 appropriate and use the water that the project will provide; or
16-7 (2) that an applicant proposing underground water
16-8 development has the right to use water that the project will
16-9 provide.
16-10 (b) If an applicant includes a proposal for a wastewater
16-11 treatment plant, the board may not deliver funds for the plant
16-12 until the applicant has received a permit for the construction and
16-13 operation of the plant and approval of the plans and specifications
16-14 for the plant from the commission. If the applicant proposes a
16-15 wastewater treatment plant that is located outside the jurisdiction
16-16 of this state and that is not subject to the permitting authority
16-17 of the commission, the board may not deliver funds for the plant
16-18 until the board reviews the plans and specifications in
16-19 coordination with the commission and finds that:
16-20 (1) the plant is capable of producing effluent that
16-21 will meet federal and state-approved water quality standards; and
16-22 (2) the effluent produced will result in water being
16-23 available for use in or for the benefit of the state.
16-24 Sec. 15.912. CONSIDERATIONS IN ACTING ON APPLICATION. (a)
16-25 In acting on an application from a rural community for financial
16-26 assistance for a water project, the board shall consider:
16-27 (1) the needs of the area to be served by the project,
17-1 the benefit of the project to the area, the relationship of the
17-2 project to overall statewide water needs, and the relationship of
17-3 the project to the state water plan; and
17-4 (2) the availability of revenue to the rural community
17-5 from all sources for the ultimate repayment of the cost of the
17-6 project, including interest.
17-7 (b) In passing on an application from a rural community for
17-8 financial assistance for a wastewater project, the board shall
17-9 consider:
17-10 (1) the water quality needs of the waters into which
17-11 effluent from the treatment works will be discharged, the benefit
17-12 of the treatment works to such water quality needs, the
17-13 relationship of the treatment works to overall statewide water
17-14 quality needs, and the relationship of the treatment works to water
17-15 quality planning for the state;
17-16 (2) the availability of revenue to the rural
17-17 community, from all sources, for the ultimate repayment of the cost
17-18 of the treatment works, including interest; and
17-19 (3) whether the rural community has been designated
17-20 under Section 26.082 to provide a regional system to serve all or
17-21 part of the waste disposal needs of a defined area, the development
17-22 of such systems being the declared policy of the legislature.
17-23 Sec. 15.913. APPROVAL OF APPLICATION. The board by
17-24 resolution may approve an application for a loan if, after
17-25 considering the factors listed in Section 15.912 and any other
17-26 relevant factors, the board finds that:
17-27 (1) the public interest requires state participation
18-1 in the project; and
18-2 (2) the revenue or taxes pledged by the rural
18-3 community will be sufficient to meet all the obligations assumed by
18-4 the rural community during the succeeding period of not more than
18-5 20 years.
18-6 Sec. 15.914. LIMITATION ON USE OF FUNDS. If there is
18-7 insufficient money available to fund all applications under this
18-8 subchapter, the board shall give preference to applications from
18-9 rural communities that the board finds cannot reasonably finance
18-10 the project without assistance from the state.
18-11 Sec. 15.915. CONSTRUCTION CONTRACT REQUIREMENTS. The
18-12 governing body of each rural community receiving financial
18-13 assistance from the board under this subchapter shall require in
18-14 all contracts for the construction of a project that:
18-15 (1) each bidder furnish a bid guarantee equivalent to
18-16 five percent of the bid price;
18-17 (2) each contractor awarded a construction contract
18-18 furnish performance and payment bonds as follows:
18-19 (A) the performance bond must include guarantees
18-20 that work done under the contract will be completed and performed
18-21 according to approved plans and specifications and in accordance
18-22 with sound construction principles and practices; and
18-23 (B) the performance and payment bonds must be in
18-24 a penal sum of not less than 100 percent of the contract price and
18-25 remain in effect for one year after the date of approval by the
18-26 engineer of the political subdivision;
18-27 (3) payment be made in partial payments as the work
19-1 progresses;
19-2 (4) each partial payment not exceed 95 percent of the
19-3 amount due at the time of the payment as shown by the engineer of
19-4 the project, but, if the project is substantially complete, a
19-5 partial release of the five percent retainage may be made by the
19-6 rural community with approval of the executive administrator;
19-7 (5) payment of the retainage remaining due on
19-8 completion of the contract be made only after:
19-9 (A) approval by the engineer for the rural
19-10 community as required under the bond proceedings;
19-11 (B) approval by the governing body of the rural
19-12 community by a resolution or other formal action; and
19-13 (C) certification by the fund manager in
19-14 accordance with the rules of the board that the work to be done
19-15 under the contract has been completed and performed in a
19-16 satisfactory manner and in accordance with sound engineering
19-17 principles and practices;
19-18 (6) no valid approval be granted unless the work done
19-19 under the contract has been completed and performed in a
19-20 satisfactory manner according to approved plans and specifications;
19-21 and
19-22 (7) labor from inside the rural community be used to
19-23 the extent possible.
19-24 Sec. 15.916. FILING CONSTRUCTION CONTRACT. The rural
19-25 community shall file with the board a certified copy of each
19-26 construction contract it enters into for the construction of all or
19-27 part of a project. Each contract must contain or have attached to
20-1 it the specifications, plans, and details of all work included in
20-2 the contract.
20-3 Sec. 15.917. INSPECTION OF PROJECTS. (a) The board may
20-4 inspect the construction of a project at any time to assure that:
20-5 (1) the contractor is substantially complying with the
20-6 approved engineering plans of the project; and
20-7 (2) the contractor is constructing the project in
20-8 accordance with sound engineering principles.
20-9 (b) Inspection of a project by the board does not subject
20-10 the state to any civil liability.
20-11 Sec. 15.918. ALTERATION OF PLANS. After the executive
20-12 administrator approves of engineering plans, a rural community may
20-13 not make any substantial or material alteration in the plans unless
20-14 the executive administrator authorizes the alteration. For a
20-15 wastewater treatment plant or other facility required to have
20-16 commission approval of plans and specifications, the commission
20-17 must give its approval before a substantial or material alteration
20-18 is made in those plans.
20-19 Sec. 15.919. CERTIFICATE OF APPROVAL. The executive
20-20 administrator may consider the following as grounds for refusal to
20-21 give a certificate of approval for any construction contract:
20-22 (1) failure to construct the project according to the
20-23 approved plans;
20-24 (2) failure to construct the works in accordance with
20-25 sound engineering principles; or
20-26 (3) failure to comply with any term of the contract.
20-27 Sec. 15.920. REPORT TO LEGISLATURE. (a) Not later than
21-1 January 1, 2005, the board shall report to the legislature on the
21-2 program established under this subchapter.
21-3 (b) The report must include:
21-4 (1) the number of applications received;
21-5 (2) the number of applicants funded;
21-6 (3) the types of projects funded;
21-7 (4) the total funds allocated;
21-8 (5) available performance measures; and
21-9 (6) the expected feasibility of and demand for an
21-10 expanded water loan program.
21-11 SECTION 15. Subchapter B, Chapter 16, Water Code, is amended
21-12 by amending Section 16.021 and adding Section 16.022 to read as
21-13 follows:
21-14 Sec. 16.021. TEXAS NATURAL RESOURCES INFORMATION SYSTEM.
21-15 (a) The executive administrator shall establish the Texas Natural
21-16 Resources Information System (TNRIS) to serve Texas agencies and
21-17 citizens as a centralized clearinghouse and referral center for
21-18 natural resource, census, and other socioeconomic data.
21-19 (b) The executive administrator may, on behalf of TNRIS,
21-20 enter into partnerships with private entities to provide additional
21-21 funding for improved access to TNRIS information. The board shall
21-22 adopt administrative rules to describe the process of establishing
21-23 partnerships, define the types of partnerships that may be formed,
21-24 establish the fee collection process, and define the
21-25 nondiscriminatory methods used to determine which private entities
21-26 may enter into partnerships. Any process developed by the board
21-27 must comply with all applicable laws regarding ethics, purchasing,
22-1 and contracts.
22-2 (c) The Texas Geographic Information Council (TGIC) is
22-3 created to provide strategic planning and coordination in the
22-4 acquisition and use of geo-spatial data and related technologies in
22-5 the State of Texas. The executive administrator and the executive
22-6 director of the Department of Information Resources shall designate
22-7 entities to be members of the TGIC. The chief administrative
22-8 officer of each member entity shall select one representative to
22-9 serve on the TGIC. The duties of the TGIC shall include providing
22-10 guidance to the executive administrator in carrying out his duties
22-11 under this section and guidance to the Department of Information
22-12 Resources for development of rules related to statewide geo-spatial
22-13 data and technology standards.
22-14 (d) Member entities of the TGIC that are state agencies
22-15 shall, and member entities that are not state agencies may, provide
22-16 information to the TGIC about their investments in geographic
22-17 information and plans for its use. Not later than September 1 of
22-18 each even-numbered year, the TGIC shall prepare and provide to the
22-19 board, the Department of Information Resources, the governor, and
22-20 the legislature a plan that inventories known state agency
22-21 geographic information systems projects and recommends initiatives
22-22 to improve the state's geographic information systems programs.
22-23 (e) [(c)] Under the guidance of the TGIC, the executive
22-24 administrator shall:
22-25 (1) further develop the Texas Natural Resources
22-26 Information System by promoting and providing for effective
22-27 acquisition, archiving, documentation, indexing, and dissemination
23-1 of natural resource and related digital and nondigital data and
23-2 information;
23-3 (2) obtain information in response to disagreements
23-4 regarding names and name spellings for natural and cultural
23-5 features in the state and provide this information to the Board on
23-6 Geographic Names of the United States Department of the Interior;
23-7 (3) make recommendations to the Board on Geographic
23-8 Names of the United States Department of the Interior for naming
23-9 any natural or cultural feature subject to the limitations provided
23-10 by Subsection (f) [(d) of this section];
23-11 (4) make recommendations to the Department of
23-12 Information Resources to adopt and promote standards that
23-13 facilitate sharing of digital natural resource data and related
23-14 socioeconomic data among federal, state, and local governments and
23-15 other interested parties;
23-16 (5) acquire and disseminate natural resource and
23-17 related socioeconomic data describing the Texas-Mexico border
23-18 region; and
23-19 (6) coordinate, conduct, and facilitate the
23-20 development, maintenance, and use of mutually compatible statewide
23-21 digital base maps depicting natural resources and man-made
23-22 features.
23-23 (f) [(d)] A recommendation may not be made under
23-24 [Subdivision (3) of] Subsection (e)(3) [(c) of this section] for:
23-25 (1) a feature previously named under statutory
23-26 authority or recognized by an agency of the federal government, the
23-27 state, or a political subdivision of the state;
24-1 (2) a feature located on private property for which
24-2 consent of the property owner cannot be obtained; or
24-3 (3) naming a natural or cultural feature for a living
24-4 person.
24-5 Sec. 16.022. WATER CONSERVATION STUDY. (a) The board and
24-6 the State Soil and Water Conservation Board shall jointly conduct a
24-7 study of the ways to improve or expand water conservation efforts
24-8 and report to the legislature.
24-9 (b) The report must include:
24-10 (1) an assessment of both agricultural and municipal
24-11 water conservation issues;
24-12 (2) information on existing conservation efforts by
24-13 the board and the State Soil and Water Conservation Board;
24-14 (3) information on existing conservation efforts by
24-15 municipalities receiving funding from the board, as specified in
24-16 water conservation plans submitted by the municipalities as part of
24-17 their applications for assistance;
24-18 (4) a discussion of future conservation needs;
24-19 (5) an analysis of programmatic approaches and funding
24-20 for additional conservation efforts;
24-21 (6) an assessment of existing statutory authority and
24-22 whether changes are needed to more effectively promote and fund
24-23 conservation projects; and
24-24 (7) an assessment of the board's agricultural water
24-25 conservation program.
24-26 (c) The report shall be issued as part of, or as a
24-27 supplement to, the state water plan.
25-1 SECTION 16. Section 17.0871(e), Water Code, is amended to
25-2 read as follows:
25-3 (e) Proceeds from the sale excluding accrued interest may be
25-4 used by the board together with other available money including
25-5 money in the interest and sinking fund and reserve fund and other
25-6 amounts that are pledged to repayment of bonds to be discharged,
25-7 paid, or redeemed, to discharge, pay, or redeem, in whole or in
25-8 part, outstanding water development bonds, water quality
25-9 enhancement bonds, agricultural water conservation bonds, and
25-10 obligations of the board under contracts entered into under
25-11 Subchapter E, [of] Chapter 16, and to provide loans of financial
25-12 assistance to political subdivisions under Subchapter O, Chapter 15
25-13 [of this code].
25-14 SECTION 17. The heading to Subchapter Z, Chapter 2306,
25-15 Government Code, is amended to read as follows:
25-16 SUBCHAPTER Z. COLONIAS [COLONIA SELF-HELP CENTERS]
25-17 SECTION 18. Sections 2306.584 and 2306.585, Government Code,
25-18 are amended to read as follows:
25-19 Sec. 2306.584. COLONIA SELF-HELP CENTER ADVISORY COMMITTEE.
25-20 (a) The department shall appoint not fewer than five persons who
25-21 are residents of colonias to serve on the Colonia Self-Help Center
25-22 Advisory Committee [an advisory committee]. The members of the
25-23 advisory committee shall be selected from lists of candidates
25-24 submitted to the department by local nonprofit organizations and
25-25 the commissioners court of a county in which a self-help center is
25-26 located.
25-27 (b) The department shall appoint one committee member to
26-1 represent each of the counties in which self-help centers are
26-2 located. Each committee member:
26-3 (1) must be a resident of a colonia in the county the
26-4 member represents; and
26-5 (2) may not be a board member, contractor, or employee
26-6 of or have any ownership interest in an entity that is awarded a
26-7 contract under this subchapter.
26-8 Sec. 2306.585. DUTIES OF COLONIA SELF-HELP CENTER ADVISORY
26-9 COMMITTEE. (a) The Colonia Self-Help Center Advisory Committee
26-10 [committee] shall advise the department regarding:
26-11 (1) the needs of colonia residents;
26-12 (2) appropriate and effective programs that are
26-13 proposed or are operated through the self-help centers; and
26-14 (3) activities that may be undertaken through the
26-15 self-help centers to better serve the needs of colonia residents.
26-16 (b) The committee shall meet before the 30th day preceding
26-17 the date on which a contract is scheduled to be awarded for the
26-18 operation of a self-help center and may meet at other times.
26-19 SECTION 19. Subchapter Z, Chapter 2306, Government Code, is
26-20 amended by adding Section 2306.5851 to read as follows:
26-21 Sec. 2306.5851. COLONIA WATER AND WASTEWATER INFRASTRUCTURE
26-22 ADVISORY COMMITTEE. (a) The Colonia Water and Wastewater
26-23 Infrastructure Advisory Committee is composed of seven members
26-24 appointed by the governor as follows:
26-25 (1) one colonia resident;
26-26 (2) one representative of a nonprofit organization
26-27 that serves colonia residents;
27-1 (3) one local government representative;
27-2 (4) one person to represent private interests in
27-3 banking or land development;
27-4 (5) one representative of a nonprofit utility;
27-5 (6) one representative of an engineering consultant
27-6 firm involved in economically distressed areas program projects
27-7 under Subchapter K, Chapter 17, Water Code; and
27-8 (7) one public member.
27-9 (b) Each committee member, except the public member, must
27-10 reside within 100 miles of the Texas-Mexico border.
27-11 (c) The secretary of state is an ex officio member of the
27-12 committee.
27-13 (d) The committee shall review the progress of water and
27-14 wastewater infrastructure projects affecting colonias.
27-15 (e) The committee shall present an update and make
27-16 recommendations to the board and the Texas Water Development Board
27-17 annually at the joint meeting required by Section 6.060(d), Water
27-18 Code, regarding:
27-19 (1) efforts to ensure that colonia residents are
27-20 connected to the infrastructure funded by state agencies;
27-21 (2) the financial, managerial, and technical
27-22 capabilities of project owners and operators;
27-23 (3) the agencies' management of their colonia programs
27-24 and the effectiveness of their policies regarding underperforming
27-25 projects; and
27-26 (4) any other issues related to the effect of
27-27 state-managed infrastructure programs on colonia residents.
28-1 SECTION 20. (a) The Texas Water Development Board shall
28-2 adopt, not later than March 1, 2002, necessary rules to administer
28-3 the pilot program for water and wastewater loans for rural
28-4 communities created by Subchapter O, Chapter 15, Water Code, as
28-5 added by this Act.
28-6 (b) The Texas Water Development Board shall begin, not later
28-7 than September 1, 2002, to provide loans under Subchapter O,
28-8 Chapter 15, Water Code, as added by this Act.
28-9 SECTION 21. This Act takes effect September 1, 2001.