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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 from the flood |
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infrastructure fund for certain projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15.531, Water Code, is amended by |
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amending Subdivisions (1) and (2) and adding Subdivision (1-a) to |
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read as follows: |
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(1) "Artificial drainage system" means a system to |
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remove floodwater in a community that lacks topographic relief, |
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slope, and naturally defined floodways. |
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(1-a) "Eligible political subdivision" means a |
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district or authority created under Section 52, Article III, or |
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Section 59, Article XVI, Texas Constitution, a municipality, or a |
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county. |
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(2) "Flood project" means a drainage, flood |
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mitigation, or flood control project, including: |
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(A) planning and design activities; |
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(B) work to obtain regulatory approval to provide |
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nonstructural and structural flood mitigation and drainage; |
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(C) construction of structural flood mitigation |
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and drainage infrastructure, including an artificial drainage |
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system; and |
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(D) construction and implementation of |
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nonstructural projects, including projects that use nature-based |
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features to protect, mitigate, or reduce flood risk. |
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SECTION 2. Subchapter I, Chapter 15, Water Code, is amended |
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by adding Section 15.5345 to read as follows: |
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Sec. 15.5345. PRIORITIZATION OF AND LOAN FORGIVENESS FOR |
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PROJECTS BY CERTAIN DISTRICTS OR AUTHORITIES. (a) This section |
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applies only to an eligible political subdivision that is a |
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district or authority created under Section 52, Article III, or |
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Section 59, Article XVI, Texas Constitution, and that: |
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(1) is located in a county located on the |
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international border; and |
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(2) has completed a hydrologic and hydraulic study for |
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the territory of the district or authority. |
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(b) The board by rule shall establish a program that: |
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(1) prioritizes the provision from the fund of grants |
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or no-interest loans to a district or authority for the |
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construction or improvement of an artificial drainage system; and |
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(2) provides loan forgiveness for a loan made under |
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Subdivision (1) for the construction of an artificial drainage |
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system. |
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(c) The board by rule shall adopt scoring criteria to |
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prioritize projects by a district or authority that are eligible |
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for financial assistance under this section. The criteria must |
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give priority to artificial drainage projects in areas with low or |
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moderate income that have a regional effect and who serve |
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communities for whom drainage problems have a demonstrated effect |
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on human health. |
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(d) Loan forgiveness described by Subsection (b)(2) may, |
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for a period not to exceed five years, annually forgive not less |
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than 10 percent or more than 20 percent of a loan made from the fund |
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under this section. |
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SECTION 3. Section 15.536, Water Code, is amended to read as |
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follows: |
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Sec. 15.536. APPROVAL OF APPLICATIONS. (a) On review and |
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recommendation by the executive administrator, the board may |
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approve an application only if the board finds that: |
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(1) the application and the assistance applied for |
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meet the requirements of this subchapter and board rules; |
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(2) the application demonstrates a sufficient level of |
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cooperation among eligible political subdivisions and includes all |
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of the eligible political subdivisions substantially affected by |
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the flood project; and |
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(3) the taxes or other revenue, or both the taxes and |
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other revenue, pledged by the applicant will be sufficient to meet |
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all the obligations assumed by the eligible political subdivision. |
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(b) Subsection (a)(3) does not apply to an application for a |
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loan to a district or authority under Section 15.5345. |
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SECTION 4. This Act takes effect September 1, 2023. |