BILL ANALYSIS

S.B. 469

By: Springer

Natural Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

There is a need for a consistent definition of "rural political subdivision" with regard to statutory provisions relating to water assistance programs. Such a definition would provide more transparency and precision on how the Texas Water Development Board (TWDB) can fund and report on rural water projects, as current law allows the TWDB to use certain funds reserved for rural entities under legislative intent for urban water projects. S.B. 469 seeks to address this issue by providing for a single and consistent applicable definition of "rural political subdivision" in order to help the TWDB more accurately collect, analyze, and report information regarding financial assistance applicants.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 469 amends the Water Code to change the rural political subdivisions eligible for assistance from the state water implementation fund for Texas under the Texas Water Assistance Program and the rural water assistance fund under the water financial assistance bond program from a nonprofit water supply or sewer service corporation, applicable conservation or reclamation district, or municipality with a service area of 10,000 or less in population or that otherwise qualifies for financing from a federal agency to the following:

· a nonprofit water supply or sewer service corporation created and operating under applicable Water Code provisions or a district or authority created under applicable constitutional provisions no part of the service area of which is located in an urban area with a population of more than 50,000;

· a municipality:

o with a population of 10,000 or less part of the service area of which is located in an urban area with a population of 50,000 or more; or

o located wholly in a county in which no urban area has a population of more than 50,000; or

· an entity that:

o is a nonprofit water supply or sewer service corporation created and operating under applicable Water Code provisions; a district or authority created under applicable constitutional provisions; a municipality, county, or other political subdivision of the state; or an interstate compact commission to which the state is a party; and

o demonstrates in a manner satisfactory to the Texas Water Development Board that the entity is rural or the area to be served by the project is a wholly rural area despite not otherwise qualifying as a rural political subdivision under the other criteria.

The bill retains as an applicable rural political subdivision a county in which no urban area has a population of more than 50,000.

S.B. 469 repeals Section 15.992(4), Water Code.

EFFECTIVE DATE

September 1, 2023.