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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements and procedures for use of the flood |
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infrastructure fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15.535, Water Code, is amended by adding |
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Subsection (d) to read as follows: |
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(d) An eligible political subdivision may demonstrate |
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compliance with the requirements of subsection (a)(1), (2), and (3) |
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by providing written notice of the application, along with a copy of |
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the application, to all potentially affected political |
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subdivisions in the area. The notice must be provided at least 30 |
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days before submittal of the final application to the board and |
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include instructions for submittal of comments on the application. |
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All comments received in accordance with this subsection must be |
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included in the final application submitted to the board. |
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SECTION 2. 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. 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 compliance with this |
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subchapter [a sufficient level of cooperation among eligible |
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political subdivisions and includes all of the eligible political |
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subdivisions substantially affected by 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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SECTION 3. Section 15.537, Water Code, is amended to read as |
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follows: |
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Sec. 15.537. RULES. (a) The board shall adopt rules |
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necessary to carry out this subchapter, including rules: |
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(1) that establish procedures for an application for |
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and for the award of financial assistance; |
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(2) for the investment of money; and |
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(3) for the administration of the infrastructure fund. |
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(b) The rules may not include a requirement to provide a |
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written agreement among political subdivisions or a benefit cost |
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analysis as a condition for approval of an application. |
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SECTION 4. The changes made by this Act apply only to an |
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application submitted on or after the effective date of this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |