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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of money in the watermaster fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.707, Water Code, is amended to read as |
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follows: |
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Sec. 5.707. TRANSFERABILITY OF APPROPRIATIONS AND FUNDS |
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DERIVED FROM FEES. (a) Except as provided by Subsection (b), |
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notwithstanding [Notwithstanding] any law that provides specific |
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purposes for which a fund, account, or revenue source may be used |
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and expended by the commission and that restricts the use of |
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revenues and balances by the commission, the commission may |
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transfer a percentage of appropriations from one appropriation item |
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to another appropriation item consistent with the General |
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Appropriations Act for any biennium authorizing the commission to |
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transfer a percentage of appropriations from one appropriation item |
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to another appropriation item. The use of funds in dedicated |
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accounts under this section for purposes in addition to those |
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provided by statutes restricting their use may not exceed seven |
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percent or $20 million, whichever is less, of appropriations to the |
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commission in the General Appropriations Act for any biennium. A |
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transfer of $500,000 or more from one appropriation item to another |
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appropriation item under this section must be approved by the |
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commission at an open meeting subject to Chapter 551, Government |
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Code. |
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(b) Money in the watermaster fund may be used only for the |
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purposes provided by Section 11.3291. |
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SECTION 2. Section 11.329(d), Water Code, as amended by |
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Chapters 333 (H.B. 3231) and 696 (S.B. 1406), Acts of the 75th |
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Legislature, Regular Session, 1997, is reenacted to read as |
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follows: |
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(d) The executive director shall collect the assessments |
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and shall account for assessments separately for each water |
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division and shall deposit assessments collected to a special fund |
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known as the watermaster fund established and governed by Section |
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11.3291. |
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SECTION 3. Section 11.3291, Water Code, is amended by |
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amending Subsections (a), (b), and (e) and adding Subsections (b-1) |
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and (f) to read as follows: |
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(a) The watermaster fund is created as a special fund in the |
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state treasury [and shall be administered by the commission under
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this subchapter and rules adopted by the commission]. |
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(b) The money in the [legislature hereby appropriates
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without further legislative action any funds deposited in the
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watermaster's fund as provided in this subchapter. The] |
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watermaster fund may [shall] be appropriated only to the commission |
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to pay [used]: |
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(1) [to pay] the compensation and expenses of the |
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watermaster in each water division; |
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(2) [to pay] expenditures for equipment, facilities, |
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and capital expenditures necessary to the watermaster operation |
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when recommended by the watermaster advisory committee and the |
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executive director and approved by the commission when hearings are |
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required as provided in Section 11.329; and |
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(3) [to pay into the general revenue fund for use
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without further appropriation for purposes of providing] overhead |
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and administrative expenses of the commission in an amount not |
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greater than 10 percent times the approved annual budget under this |
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subchapter in a water division. |
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(b-1) Any amounts not used in one fiscal year shall be |
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carried over and may be used for: |
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(1) the following fiscal year's operational expenses |
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of the watermaster; |
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(2) updating the water availability model developed |
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under Section 16.053 for the river basin; |
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(3) controlling or eliminating noxious weeds, |
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grasses, or other vegetation in the streams or other sources of |
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supply in the water division; or |
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(4) improving the efficiency of water conveyance |
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systems in the water division. |
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(e) The [commission may invest, reinvest, and direct the
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investment of any available] money in the watermaster fund may be |
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invested as provided by law for the investment of money under |
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Section 404.024, Government Code. |
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(f) The watermaster fund is exempt from the application of |
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Section 403.095, Government Code. |
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SECTION 4. Section 12.113(b), Water Code, is amended to |
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read as follows: |
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(b) The commission shall deposit all costs collected under |
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Subchapter G, Chapter 11 [of this code] in the State Treasury to the |
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credit of the watermaster fund [administration account], from which |
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the commission shall pay all expenses necessary to efficiently |
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administer and perform the duties described in Sections 11.325 |
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through 11.335 [of this code]. |
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SECTION 5. The watermaster fund created under Section |
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11.3291, Water Code, as that section existed before amendment by |
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this Act, is re-created and redesignated as a special fund in the |
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state treasury to be used for the purposes provided by Section |
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11.3291, Water Code, as amended by this Act. |
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SECTION 6. This Act takes effect September 1, 2009. |