81R23639 TRH-F
By: Callegari H.B. No. 3526
Substitute the following for H.B. No. 3526:
By: King of Zavala C.S.H.B. No. 3526
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of rules by the Texas Water Development
Board regarding supplemental funding resulting from federal
economic recovery legislation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 15.604(b), Water Code, is amended to
read as follows:
(b) The board shall adopt rules specifying the manner in
which any additional state revolving fund hereafter established by
the board, or any capitalization grant under the state water
pollution control revolving fund, the safe drinking water revolving
fund, or any additional state revolving fund, may be used to provide
financial assistance to an eligible applicant [political
subdivisions] for public works. Such rules shall require financial
assistance to be provided for the purpose or purposes and on the
terms authorized by the federal legislation or federal agency
program under which the additional state revolving fund was
established or the capitalization grant was awarded.
SECTION 2. Subchapter J, Chapter 15, Water Code, is amended
by adding Section 15.6055 to read as follows:
Sec. 15.6055. RULEMAKING AUTHORITY FOR SPECIAL FEDERAL
CAPITALIZATION GRANTS. (a) The board may adopt rules specifying
the manner in which any special capitalization grant under the
state water pollution control revolving fund, the safe drinking
water revolving fund, or any additional state revolving fund
received as a result of federal economic recovery legislation may
be used to provide financial assistance to an eligible applicant
for public works. The rules must require financial assistance to be
provided for the purpose or purposes, and on the terms authorized
by, the federal legislation or federal agency program under which
the additional state revolving fund was established or the special
capitalization grant was awarded.
(b) If the board determines that it is necessary to adopt
rules to comply with the terms of a special capitalization grant or
other source of federal funding, and that the procedures prescribed
by Subchapter B, Chapter 2001, Government Code, for adopting rules
do not allow for the adoption of the rules in a sufficiently prompt
manner, the procedures prescribed by that subchapter do not apply
to the adoption of the rules. In that case, the board shall:
(1) post notice of a meeting to adopt rules not later
than 72 hours before the time the meeting is scheduled; and
(2) adopt the necessary rules at the meeting.
(c) The board shall file a rule adopted in the manner
authorized by Subsection (b) and the board's written determinations
made under that subsection in the office of the secretary of state
for publication in the Texas Register in the manner prescribed by
Chapter 2002, Government Code.
(d) Not later than the 180th day after the date rules are
adopted under Subsection (b), the board may readopt or amend the
rules in accordance with the procedures prescribed by Subchapter B,
Chapter 2001, Government Code. If the board does not readopt or
amend the rules in that manner, the rules expire on the 180th day
after the date the rules were adopted under Subsection (b).
(e) This section expires September 1, 2011.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.