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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of the state participation account of the water |
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development fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.131, Water Code, is amended to read as |
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follows: |
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Sec. 16.131. AUTHORIZED PROJECTS. The board may use the |
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state participation account of the development fund: |
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(1) to encourage optimum regional development of |
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projects including the design, acquisition, lease, construction, |
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reconstruction, development, or enlargement in whole or part of: |
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(A) [(1)] reservoirs and storm water retention |
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basins for water supply, flood protection, and groundwater |
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recharge; |
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(B) [(2)] facilities for the transmission and |
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treatment of water; and |
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(C) [(3)] treatment works as defined by Section |
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17.001 of this code; and |
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(2) to acquire water rights or existing public water |
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systems to encourage optimum regional development of desalination |
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projects. |
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SECTION 2. Section 16.135, Water Code, is amended to read as |
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follows: |
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Sec. 16.135. BOARD FINDINGS. Before the board may acquire a |
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facility or interest in a facility, the board shall find |
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affirmatively that: |
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(1) it is reasonable to expect that the state will |
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recover its investment in the facility; |
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(2) the cost of the facility exceeds the current |
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financing capabilities of the area involved, and the optimum |
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regional development of the facility cannot be reasonably financed |
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by local interests without state participation; |
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(3) the public interest will be served by acquisition |
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of the facility; [and] |
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(4) the facility to be constructed or reconstructed |
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contemplates the optimum regional development which is reasonably |
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required under all existing circumstances of the site; and |
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(5) if appropriate, the facility to be acquired |
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encourages optimum regional development of a desalination project. |
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SECTION 3. This Act takes effect September 1, 2009. |