81R2883 SMH-D
By: Lucio III H.B. No. 1434
A BILL TO BE ENTITLED
AN ACT
relating to the use of money in the watermaster fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.707, Water Code, is amended to read as
follows:
Sec. 5.707. TRANSFERABILITY OF APPROPRIATIONS AND FUNDS
DERIVED FROM FEES. (a) Except as provided by Subsection (b),
notwithstanding [Notwithstanding] any law that provides specific
purposes for which a fund, account, or revenue source may be used
and expended by the commission and that restricts the use of
revenues and balances by the commission, the commission may
transfer a percentage of appropriations from one appropriation item
to another appropriation item consistent with the General
Appropriations Act for any biennium authorizing the commission to
transfer a percentage of appropriations from one appropriation item
to another appropriation item. The use of funds in dedicated
accounts under this section for purposes in addition to those
provided by statutes restricting their use may not exceed seven
percent or $20 million, whichever is less, of appropriations to the
commission in the General Appropriations Act for any biennium. A
transfer of $500,000 or more from one appropriation item to another
appropriation item under this section must be approved by the
commission at an open meeting subject to Chapter 551, Government
Code.
(b) Money in the watermaster fund may be used only for the
purposes provided by Section 11.3291.
SECTION 2. Section 11.329(d), Water Code, as amended by
Chapters 333 (H.B. 3231) and 696 (S.B. 1406), Acts of the 75th
Legislature, Regular Session, 1997, is reenacted to read as
follows:
(d) The executive director shall collect the assessments
and shall account for assessments separately for each water
division and shall deposit assessments collected to a special fund
known as the watermaster fund established and governed by Section
11.3291.
SECTION 3. Section 11.3291, Water Code, is amended by
amending Subsections (a), (b), and (e) and adding Subsections (b-1)
and (f) to read as follows:
(a) The watermaster fund is created as a special fund in the
state treasury [and shall be administered by the commission under
this subchapter and rules adopted by the commission].
(b) The money in the [legislature hereby appropriates
without further legislative action any funds deposited in the
watermaster's fund as provided in this subchapter. The]
watermaster fund may [shall] be appropriated only to the commission
to pay [used]:
(1) [to pay] the compensation and expenses of the
watermaster in each water division;
(2) [to pay] expenditures for equipment, facilities,
and capital expenditures necessary to the watermaster operation
when recommended by the watermaster advisory committee and the
executive director and approved by the commission when hearings are
required as provided in Section 11.329; and
(3) [to pay into the general revenue fund for use
without further appropriation for purposes of providing] overhead
and administrative expenses of the commission in an amount not
greater than 10 percent times the approved annual budget under this
subchapter in a water division.
(b-1) Any amounts not used in one fiscal year shall be
carried over and may be used for:
(1) the following fiscal year's operational expenses
of the watermaster;
(2) updating the water availability model developed
under Section 16.053 for the river basin;
(3) controlling or eliminating noxious weeds,
grasses, or other vegetation in the streams or other sources of
supply in the water division; or
(4) improving the efficiency of water conveyance
systems in the water division.
(e) The [commission may invest, reinvest, and direct the
investment of any available] money in the watermaster fund may be
invested as provided by law for the investment of money under
Section 404.024, Government Code.
(f) The watermaster fund is exempt from the application of
Section 403.095, Government Code.
SECTION 4. Section 12.113(b), Water Code, is amended to
read as follows:
(b) The commission shall deposit all costs collected under
Subchapter G, Chapter 11 [of this code] in the State Treasury to the
credit of the watermaster fund [administration account], from which
the commission shall pay all expenses necessary to efficiently
administer and perform the duties described in Sections 11.325
through 11.335 [of this code].
SECTION 5. The watermaster fund created under Section
11.3291, Water Code, as that section existed before amendment by
this Act, is re-created and redesignated as a special fund in the
state treasury to be used for the purposes provided by Section
11.3291, Water Code, as amended by this Act.
SECTION 6. This Act takes effect September 1, 2009.