By: Averitt  S.B. No. 2314
         (In the Senate - Filed March 13, 2009; March 31, 2009, read
  first time and referred to Committee on Natural Resources;
  April 15, 2009, reported favorably by the following vote:  Yeas 9,
  Nays 0; April 15, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the administration of the Clean Water State Revolving
  Fund and the Drinking Water State Revolving Fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (b), Section 15.604, Water Code, is
  amended to read as follows:
         (b)  The board shall adopt rules specifying the manner in
  which any additional state revolving fund hereafter established by
  the board or any special capitalization grant under the state water
  pollution control revolving fund, the safe drinking water revolving
  fund, or other revolving fund established by the board may be used
  to provide financial assistance to eligible applicants [political
  subdivisions] for public works. Such rules shall require financial
  assistance to be provided for the purpose or purposes and on the
  terms authorized by the federal legislation or federal agency
  program under which the additional state revolving fund was
  established or the special capitalization grant was awarded.
         SECTION 2.  Section 15.605, Water Code, is amended to read as
  follows:
         Sec. 15.605.  RULES.  (a)  Except as provided by Subsection
  (b), the [The] board shall adopt necessary rules to carry out this
  subchapter in accordance with Chapter 2001, Government Code.
         (b)  If the board determines that rules necessary for
  compliance with the terms of any special capitalization grant or
  other federal funding must be adopted more expeditiously than
  authorized under Chapter 2001, Government Code, the board may
  proceed with the immediate adoption of rules by posting notice at
  least 72 hours before the meeting to adopt the rules.  Rules adopted
  under this subsection become void if the board does not readopt the
  rules in compliance with Chapter 2001, Government Code, on or
  before the 180th day after the date of the immediate adoption.
         SECTION 3.  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.
 
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