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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility requirements for, selection criteria |
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for, and awarding of grants under programs of the Texas Commission |
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on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.124, Water Code, is amended by |
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amending Subsections (d) and (f) and adding Subsection (e-1) to |
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read as follows: |
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(d) A grant may be awarded to any person that meets the |
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eligibility requirements of the grant. The executive director |
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shall establish eligibility requirements for each grant |
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appropriate to the purposes of and activities under the grant and |
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the method of selecting the recipient. In establishing eligibility |
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requirements for a grant, the executive director shall ensure that |
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the requirements do not discriminate against a potential grant |
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recipient that is an entity exempt from federal income taxation |
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under Section 501(a), Internal Revenue Code of 1986, as an |
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organization described by Section 501(c)(3) of that code if the |
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potential recipient meets other eligibility requirements. The |
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executive director's eligibility requirements for a grant may |
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exclude an entity that is an exempt organization only if such an |
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entity is ineligible according to: |
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(1) a state or federal law that prohibits awarding a |
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grant under the grant program to an entity that is an exempt |
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organization; or |
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(2) a rule adopted by the commission during the 12 |
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months preceding the entity's consideration for a grant under the |
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grant program that prohibits awarding a grant to an entity that is |
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an exempt organization. |
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(e-1) In determining and implementing the selection |
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criteria under Subsection (e), the executive director shall ensure |
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that a bias is not created against awarding a grant to an entity |
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exempt from federal income taxation under Section 501(a), Internal |
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Revenue Code of 1986, as an organization described by Section |
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501(c)(3) of that code. |
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(f) A grant may be made by direct award only if: |
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(1) the executive director determines that: |
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(A) selection of recipients by the solicitation |
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of proposals or applications is not feasible; and |
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(B) awarding the grant directly is in the best |
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interest of the state; |
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(2) eligibility for the grant is limited to: |
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(A) an agency or political subdivision of this |
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state or of another state; |
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(B) a state institution of higher learning of |
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this state or of another state, including any part or service of the |
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institution; [or] |
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(C) an agency of the United States; or |
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(D) an entity exempt from federal income taxation |
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under Section 501(a), Internal Revenue Code of 1986, as an |
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organization described by Section 501(c)(3) of that code that is |
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already receiving funds from another state or federal agency for |
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the same purposes or project as those of the grant; or |
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(3) the grant is awarded to a person established or |
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authorized to develop or implement a comprehensive conservation and |
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management plan under Section 320, Federal Water Pollution Control |
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Act (33 U.S.C. Section 1330), for a national estuary in this state. |
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SECTION 2. To the extent permissible under state statutes |
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and federal law, the Texas Commission on Environmental Quality |
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shall delay awarding grants subject to Section 5.124, Water Code, |
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as amended by this Act, until grant program rules, eligibility |
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requirements, and selection criteria conform to that section. |
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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. |