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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of rules by the Texas Water Development |
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Board regarding supplemental funding resulting from federal |
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economic recovery legislation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15.604(b), Water Code, is amended to |
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read as follows: |
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(b) The board shall adopt rules specifying the manner in |
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which any additional state revolving fund hereafter established by |
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the board, or any capitalization grant under the state water |
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pollution control revolving fund, the safe drinking water revolving |
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fund, or any additional state revolving fund, may be used to provide |
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financial assistance to an eligible applicant [political
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subdivisions] for public works. Such rules shall require financial |
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assistance to be provided for the purpose or purposes and on the |
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terms authorized by the federal legislation or federal agency |
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program under which the additional state revolving fund was |
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established or the capitalization grant was awarded. |
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SECTION 2. Subchapter J, Chapter 15, Water Code, is amended |
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by adding Section 15.6055 to read as follows: |
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Sec. 15.6055. RULEMAKING AUTHORITY FOR SPECIAL FEDERAL |
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CAPITALIZATION GRANTS. (a) The board may adopt rules specifying |
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the manner in which any special capitalization grant under the |
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state water pollution control revolving fund, the safe drinking |
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water revolving fund, or any additional state revolving fund |
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received as a result of federal economic recovery legislation may |
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be used to provide financial assistance to an eligible applicant |
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for public works. The rules must require financial assistance to be |
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provided for the purpose or purposes, and on the terms authorized |
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by, the federal legislation or federal agency program under which |
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the additional state revolving fund was established or the special |
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capitalization grant was awarded. |
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(b) If the board determines that it is necessary to adopt |
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rules to comply with the terms of a special capitalization grant or |
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other source of federal funding, and that the procedures prescribed |
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by Subchapter B, Chapter 2001, Government Code, for adopting rules |
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do not allow for the adoption of the rules in a sufficiently prompt |
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manner, the procedures prescribed by that subchapter do not apply |
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to the adoption of the rules. In that case, the board shall: |
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(1) post notice of a meeting to adopt rules not later |
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than 72 hours before the time the meeting is scheduled; and |
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(2) adopt the necessary rules at the meeting. |
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(c) The board shall file a rule adopted in the manner |
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authorized by Subsection (b) and the board's written determinations |
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made under that subsection in the office of the secretary of state |
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for publication in the Texas Register in the manner prescribed by |
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Chapter 2002, Government Code. |
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(d) Not later than the 180th day after the date rules are |
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adopted under Subsection (b), the board may readopt or amend the |
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rules in accordance with the procedures prescribed by Subchapter B, |
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Chapter 2001, Government Code. If the board does not readopt or |
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amend the rules in that manner, the rules expire on the 180th day |
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after the date the rules were adopted under Subsection (b). |
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(e) This section expires September 1, 2011. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |