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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of financial assistance by the Texas |
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Water Development Board for the development of certain 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(b), Water Code, is amended to |
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read as follows: |
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(b) The application and plan must include: |
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(1) the name of the political subdivision and its |
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principal officers; |
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(2) a citation of the law under which the political |
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subdivision was created and operates; |
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(3) a project plan, prepared and certified by an |
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engineer registered to practice in this state, that must: |
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(A) describe the proposed planning, design, and |
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construction activities necessary to provide water supply and sewer |
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services that meet minimum state standards provided by board rules; |
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and |
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(B) identify the households to which the water |
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supply and sewer services will be provided; |
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(4) a budget that estimates the total cost of |
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providing water supply and sewer services to the economically |
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distressed area and a proposed schedule and method for repayment of |
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financial assistance consistent with board rules and guidelines; |
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(5) a description of the existing water supply and |
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sewer facilities located in the area to be served by the proposed |
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project, including a statement prepared and certified by an |
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engineer registered to practice in this state that the facilities |
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do not meet minimum state standards; |
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(6) documentation that the appropriate political |
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subdivision has adopted and enforces the model rules developed |
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under Section 16.343; |
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(7) information identifying the median household |
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income for: |
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(A) the census block of the area to be served by |
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the proposed project; and |
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(B) the entire service area of the political |
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subdivision that is the subject of the application; |
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(8) the total amount of assistance requested from the |
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economically distressed areas account; and |
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(9) the water conservation plan required by Section |
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16.4021. |
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SECTION 2. Section 17.929, Water Code, is amended by adding |
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Subsection (c) to read as follows: |
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(c) In making a finding under Subsection (b) regarding the |
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household income of the area to be served by a proposed project, the |
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board may consider: |
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(1) the census block of the area served; or |
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(2) the entire service area of the political |
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subdivision that is the subject of the application. |
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SECTION 3. Section 17.933(b), Water Code, is amended to |
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read as follows: |
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(b) In providing financial assistance to an applicant under |
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this subchapter, the board may not provide to the applicant |
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financial assistance for which repayment is not required in an |
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amount that exceeds 70 [50] percent of the total amount of the |
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financial assistance[, unless the board or the Department of State |
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Health Services determines that a nuisance dangerous to the public |
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health and safety exists resulting from water supply and sanitation |
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problems in the area to be served by the proposed project]. The |
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board may provide the repayable portion of financial assistance |
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from any financial assistance program for which the applicant is |
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eligible. The applicant shall provide to the board or the |
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Department of State Health Services information necessary to make a |
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determination, and the board and the Department of State Health |
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Services may enter into necessary memoranda of understanding to |
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carry out this subsection. |
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SECTION 4. The changes in law made by this Act apply only to |
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an application for financial assistance submitted to the Texas |
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Water Development Board on or after the effective date of this Act. |
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An application submitted before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |