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A BILL TO BE ENTITLED
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AN ACT
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relating to Texas Water Development Board surveys for water  | 
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infrastructure financing. | 
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       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
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       SECTION 1.  Section 15.975, Water Code, is amended by adding  | 
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Subsection (d) to read as follows: | 
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       (d)  The board shall not approve an application if the  | 
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applicant has failed to satisfactorily complete a request by the  | 
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executive administrator or a regional planning group for  | 
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information relevant to the project, including a water  | 
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infrastructure financing survey under Section 16.053(q). | 
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       SECTION 2.  Section 15.912, Water Code, is amended to read as  | 
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follows: | 
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       Sec. 15.912.  CONSIDERATIONS IN ACTING ON APPLICATION.   | 
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(a)  In acting on an application for financial assistance, the  | 
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board shall consider: | 
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             (1)  the needs of the area to be served by the project  | 
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and the benefit of the project to the area in relation to the needs  | 
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of other areas requiring state assistance in any manner and the  | 
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benefits of those projects to the other areas; | 
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             (2)  the availability of revenue to the political  | 
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subdivision or water supply corporation from all sources for any  | 
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necessary repayment of the cost of the project, including all  | 
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interest; | 
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             (3)  the relationship of the project to overall  | 
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statewide needs; and | 
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             (4)  any other factors that the board considers  | 
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relevant. | 
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       (b)  The board many not accept an application for a loan or  | 
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grant of financial assistance from the fund for a project  | 
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recommended through the state and regional water planning processes  | 
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under Sections 16.051 and 16.053 if the applicant has failed to  | 
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satisfactorily complete a request by the executive administrator or  | 
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a regional planning group for information relevant to the project,  | 
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including a water infrastructure financing survey under Section  | 
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16.053(q). | 
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       SECTION 3.  Section 16.131, Water Code, is amended to read as  | 
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follows: | 
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       Sec. 16.131. AUTHORIZED PROJECTS.  (a)  The board may use  | 
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the state participation account of the development fund to  | 
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encourage optimum regional development of projects including the  | 
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design, acquisition, lease, construction, reconstruction,  | 
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development, or enlargement in whole or part of: | 
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             (1)  reservoirs and storm water retention basins for  | 
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water supply, flood protection, and groundwater recharge; | 
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             (2)  facilities for the transmission and treatment of  | 
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water; and | 
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             (3)  treatment works as defined by Section 17.001 [of 
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this code]. | 
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       (b)  The board may not use the state participation account of  | 
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the development fund to finance a project recommended through the  | 
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state and regional water planning processes under Sections 16.051  | 
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and 16.053 if the applicant has failed to satisfactorily complete a  | 
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request by the executive administrator or a regional planning group  | 
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for information relevant to the project, including a water  | 
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infrastructure financing survey under Section 16.053(q). | 
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       SECTION 4.  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. |