BILL ANALYSIS

S.B. 971

By: Sparks

Natural Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Texas Water Development Board (TWDB) offers affordable financial assistance to help Texans fund water-related infrastructure projects. These initiatives have spanned the state, from El Paso to Beaumont and Dalhart to Brownsville, providing financing for communities of all sizes to meet their water needs and regulatory standards with long-term solutions. The TWDB reports on its website that it has made over 6,000 financial commitments for a total of more than $40 billion since the agency's inception in 1957.

During the Sunset Advisory Commission's review of the TWDB during the 2022-2023 review cycle, concerned parties emphasized the need for a consistent definition of "rural political subdivision" in state law to enhance the agency's effectiveness. The 88th Legislature addressed this need by passing H.B. 3582, which established a definition of "rural political subdivision" developed in collaboration with the TWDB and stakeholders. The bill sponsor has informed the committee that this definition accurately reflected the needs of rural and urban communities but that later in the session S.B. 469 was enacted with similar language but included a scrivener's error that unintentionally expanded the definition to include urban political subdivisions. Under the Code Construction Act, S.B. 469 now controls as the most recently passed legislation, leaving the flawed definition in place. S.B. 971 repeals the incorrect definition, and the correct definition will remain in statute as the controlling language.

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. 971 repeals a conflicting provision in the Water Code that makes a municipality 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 a rural political subdivision for purposes of the Texas Water Assistance Program, thereby retaining in statute the provision that makes such a municipality no part of the service area of which is located in such an urban area a rural political subdivision for such purposes.

S.B. 971 repeals Section 15.001(14), Water Code, as added by Chapter 1064 (S.B. 469), Acts of the 88th Legislature, Regular Session, 2023.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.