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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of and action on applications for |
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financial assistance for water supply and sewer service projects in |
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economically distressed areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 17.927(d), Water Code, is amended to |
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read as follows: |
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(d) Before considering an application, the board may |
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require the applicant to: |
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(1) provide documentation to the executive |
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administrator sufficient to allow review of the applicant's |
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managerial, financial, and technical capabilities to plan, build, |
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and operate the system for which assistance is being requested; |
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(2) provide a written determination by the commission |
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on the applicant's managerial, financial, and technical |
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capabilities to plan, build, and operate the system for which |
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assistance is being requested; |
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(3) request that the comptroller perform a financial |
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management review of the applicant and, if the review is performed, |
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provide the board with the results of the review; or |
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(4) provide any other information required by the |
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board or the executive administrator. |
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SECTION 2. Section 17.929(a), Water Code, is amended to |
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read as follows: |
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(a) In passing on an application for financial assistance, |
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the board shall consider: |
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(1) the need of the economically distressed area to be |
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served by the water supply and sewer services in relation to the |
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need of other political subdivisions requiring financial |
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assistance under this subchapter and the relative costs and |
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benefits of all applications; |
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(2) the availability to the area to be served by the |
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project of revenue or financial assistance from alternative sources |
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for the payment of the cost of the proposed project; |
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(3) the financing of the proposed water supply and |
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sewer project including consideration of: |
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(A) the budget and repayment schedule submitted |
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under Section 17.927(b)(4); |
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(B) other items included in the application |
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relating to financing; and |
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(C) other financial information and data |
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available to the board; |
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(4) whether the county and other appropriate political |
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subdivisions have adopted model rules pursuant to Section 16.343 |
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and the manner of enforcement of model rules; [and] |
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(5) the feasibility of achieving cost savings by |
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providing a regional facility for water supply or wastewater |
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service and the feasibility of financing the facility by using |
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funds from the economically distressed areas account or any other |
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financial assistance; and |
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(6) the applicant's managerial, financial, and |
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technical capabilities to plan, build, and operate the proposed |
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water supply and sewer project. |
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SECTION 3. Section 17.930(b), Water Code, is amended to |
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read as follows: |
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(b) After making the considerations provided by Section |
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17.929, the board by resolution shall: |
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(1) approve the plan and application as submitted; |
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(2) approve the plan and application subject to the |
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requirements identified by the board or commission for the |
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applicant to obtain the managerial, financial, and technical |
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capabilities to plan, build, and operate the system and any other |
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requirements, including training under Subchapter M, the board |
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considers appropriate; |
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(3) deny the application and identify the requirements |
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or remedial steps the applicant must complete before the applicant |
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may be reconsidered for financial assistance; |
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(4) if the board finds that the applicant will be |
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unable to obtain the managerial, financial, or technical |
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capabilities to plan, build, and operate a system, deny the |
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application and issue a determination that a service provider other |
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than the applicant is necessary or appropriate to undertake the |
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proposed project; or |
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(5) deny the application. |
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SECTION 4. The change in law made by this Act applies only |
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to an application for financial assistance under Subchapter K, |
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Chapter 17, Water Code, that is filed with the Texas Water |
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Development Board on or after the effective date of this Act. An |
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application for financial assistance under that subchapter that is |
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filed with the board before the effective date of this Act is |
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subject to the law in effect on the date the application is filed, |
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and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |