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A BILL TO BE ENTITLED
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AN ACT
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relating to the evaluation by the Texas Water Development Board of |
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applications for financial assistance for certain retail public |
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utilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 17, Water Code, is amended |
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by adding Section 17.1245 to read as follows: |
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Sec. 17.1245. EVALUATION AND MODIFICATION OF CERTAIN |
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APPLICATIONS. (a) In passing on an application for financial |
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assistance from a retail public utility that provides potable water |
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service to 3,300 or more connections, the board shall: |
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(1) evaluate the utility's system water loss based on |
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the most recent audit prepared under Section 16.0121; |
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(2) evaluate for compliance with the board's best |
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management practices the utility's water conservation plan |
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required under Section 13.146; and |
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(3) issue a report to the utility detailing the |
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results of the evaluation conducted under Subdivision (2). |
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(b) Not later than January 1 of each odd-numbered year, the |
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board shall submit to the legislature a written summary of the |
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results of evaluations conducted under Subsection (a)(2). |
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(c) If an evaluation conducted under Subsection (a)(1) |
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indicates that a utility's system water loss exceeds 15 percent |
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annually, the board: |
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(1) shall require the utility to amend the utility's |
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application for financial assistance to include a plan to reduce |
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the utility's system water loss to less than 15 percent annually; |
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and |
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(2) may require that a portion of financial assistance |
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awarded under this chapter be used to mitigate the system water loss |
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or award additional financial assistance for that purpose. |
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(d) The board, by a two-thirds vote, may exempt from the |
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application of Subsection (c) a utility whose system water loss |
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exceeds 15 percent. |
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SECTION 2. Section 17.1245, Water Code, as added by this |
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Act, applies only to an application for financial assistance |
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submitted on or after the effective date of this Act. An |
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application for financial assistance submitted before the |
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effective date of this Act is governed by the law in effect on the |
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date the application was submitted, and the former law is continued |
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in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |