Amend CSSB 964 (committee printing) as follows:
(1) Strike SECTIONS 4 and 5 and substitute the following:
SECTION 4. Section 16.341, Water Code is amended by amending
Subdivisions (1) and (2) to read as follows:
(1) "Affected county" means a county[:
(A)] that has an economically distressed area
which has a median household income that is not greater than 75
percent of the median state household income [a per capita income
that averaged 25 percent below the state average for the most recent
three consecutive years for which statistics are available and an
unemployment rate that averaged 25 percent above the state average
for the most recent three consecutive years for which statistics
are available; or
(B) that is adjacent to an international border].
(2) "Economically distressed area" has the meaning
assigned by Section 17.921 [means an area in which:
[(A) water supply or sewer services are inadequate
to meet minimal needs of residential users as defined by board
rules;
[(B) financial resources are inadequate to
provide water supply or sewer services that will satisfy those
needs; and
[(C) an established residential subdivision was
located on June 1, 1989, as determined by the board].
SECTION 5. Subsections (b) and (c) of Section 16.343, Water
Code, are amended to read as follows:
(b) The model rules must:
(1) assure that adequate drinking water is available
to the residential areas in accordance with Chapter 341, Health and
Safety Code, and the Rules and Regulations for Public Water Systems
and the Drinking Water Standards Governing Water Quality and
Reporting Requirements for Public Water Supply Systems adopted by
the commission [Texas Board of Health] and other law and rules
applicable to drinking water; and
(2) provide criteria applicable to tracts that were
divided into two or more parts to lay out a subdivision and were not
platted or recorded before September 1, 2005 [1989].
(c) The model rules must:
(1) assure that adequate sewer facilities are
available to the residential areas through either septic tanks or
an organized sewage disposal system that is a publicly or privately
owned system for the collection, treatment, and disposal of sewage
operated in accordance with the terms and conditions of a valid
waste discharge permit issued by the commission or private sewage
facilities in accordance with Chapter 366, Health and Safety Code,
and the Construction Standards for On-Site Sewerage Facilities
adopted by the commission and other law and rules applicable to
sewage facilities; and
(2) provide criteria applicable to tracts that were
divided into two or more parts to lay out a subdivision and were not
platted or recorded before September 1, 2005 [1989].
(2) Strike SECTIONS 8 and 9 and substitute the following:
SECTION 8. Section 17.921, Water Code is amended by
amending subdivision (1) and adding subdivision (6) to read as
follows:
(1) "Economically distressed area" means an area in
which:
(A) water supply or sewer services are inadequate
to meet minimal needs of residential users as defined by board
rules;
(B) financial resources are inadequate to
provide water supply or sewer services that will satisfy those
needs; and
(C) an established residential subdivision was
located on June 1, 2005 [1989], as determined by the board.
(6) "Economically distressed areas account" means the
economically distressed areas account in the Texas Water
Development Fund or the economically distressed areas program
account in the Texas Water Development Fund II.
SECTION 9. Section 17.922(b), Water Code, is amended to
read as follows:
(b) To the extent practicable, the board shall use the funds
in the economically distressed areas account in conjunction with
the other financial assistance available through the board to
encourage the use of cost-effective water supply and wastewater
systems, including regional systems, to maximize the long-term
economic development of counties eligible for financial assistance
under the economically distressed areas program. Any savings
derived from the construction of a regional system that includes or
serves an economically distressed area project shall be factored
into the board's determination of financial assistance for the
economically distressed area in a manner that assures the
economically distressed area receives appropriate benefits from
the savings. In no event shall financial assistance provided from
the economically distressed areas account be used to provide water
supply or wastewater service to any area that is not [defined as] an
economically distressed area [pursuant to Section 17.921(1)(A) of
this code].
(3) Strike SECTION 14 of the bill.
(4) Strike SECTION 15 of the bill and substitute the
following:
SECTION 15. Section 17.952, Water Code, is amended to read
as follows:
Sec. 17.952. ISSUANCE OF WATER FINANCIAL ASSISTANCE BONDS.
The board by resolution may provide for the issuance of water
financial assistance bonds, which shall be general obligation bonds
of the state, in an aggregate principal amount not to exceed the
principal amount authorized to be issued by [Section 49-d-8,
Article III,] the Texas Constitution.
(5) Adding the following appropriately numbered SECTION to
the bill and renumbering subsequent SECTIONS of the bill as
appropriate:
SECTION ___. Section 212.0105, Local Government Code, is
amended to read as follows:
Sec. 212.0105. WATER AND SEWER REQUIREMENTS IN CERTAIN
COUNTIES. (a) This section applies only to a person who:
(1) is the owner of a tract of land in [either:
(A) a county that is contiguous to an
international border; or
(B)] a county in which a political subdivision
that is eligible for and has applied for [has received] financial
assistance through Subchapter K, Chapter 17, Water Code;
(2) divides the tract in a manner that creates any lots
that are intended for residential purposes and are five acres or
less; and
(3) is required under this subchapter to have a plat
prepared for the subdivision.