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  2009S0231-1 02/03/09
 
  By: Averitt S.B. No. 2311
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to Texas Water Development Board surveys for water
  infrastructure financing.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 15.975, Water Code, is amended by adding
  Subsection (d) to read as follows:
         (d)  The board shall not approve an application if the
  applicant has failed to satisfactorily complete a request by the
  executive administrator or a regional planning group for
  information relevant to the project, including a water
  infrastructure financing survey under Section 16.053(q).
         SECTION 2.  Section 15.912, Water Code, is amended to read as
  follows:
         Sec. 15.912.  CONSIDERATIONS IN ACTING ON APPLICATION.  
  (a)  In acting on an application for financial assistance, the
  board shall consider:
               (1)  the needs of the area to be served by the project
  and the benefit of the project to the area in relation to the needs
  of other areas requiring state assistance in any manner and the
  benefits of those projects to the other areas;
               (2)  the availability of revenue to the political
  subdivision or water supply corporation from all sources for any
  necessary repayment of the cost of the project, including all
  interest;
               (3)  the relationship of the project to overall
  statewide needs; and
               (4)  any other factors that the board considers
  relevant.
         (b)  The board many not accept an application for a loan or
  grant of financial assistance from the fund for a project
  recommended through the state and regional water planning processes
  under Sections 16.051 and 16.053 if the applicant has failed to
  satisfactorily complete a request by the executive administrator or
  a regional planning group for information relevant to the project,
  including a water infrastructure financing survey under Section
  16.053(q).
         SECTION 3.  Section 16.131, Water Code, is amended to read as
  follows:
         Sec. 16.131. AUTHORIZED PROJECTS.  (a)  The board may use
  the state participation account of the development fund to
  encourage optimum regional development of projects including the
  design, acquisition, lease, construction, reconstruction,
  development, or enlargement in whole or part of:
               (1)  reservoirs and storm water retention basins for
  water supply, flood protection, and groundwater recharge;
               (2)  facilities for the transmission and treatment of
  water; and
               (3)  treatment works as defined by Section 17.001 [of
  this code].
         (b)  The board may not use the state participation account of
  the development fund to finance a project recommended through the
  state and regional water planning processes under Sections 16.051
  and 16.053 if the applicant has failed to satisfactorily complete a
  request by the executive administrator or a regional planning group
  for information relevant to the project, including a water
  infrastructure financing survey under Section 16.053(q).
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.