Texas 2009 - 81st Regular

Texas House Bill HB3861 Compare Versions

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1	1	H.B. No. 3861
2	2
3	3
4	4	AN ACT
5	5	relating to the financing by the Texas Water Development Board of
6	6	the proposed Lake Columbia reservoir project.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. DEFINITIONS. In this Act:
9	9	(1) "Authority" means the Angelina and Neches River
10	10	Authority.
11	11	(2) "Board" means the Texas Water Development Board.
12	12	(3) "Project" means the proposed Lake Columbia
13	13	reservoir project authorized by Permit to Appropriate State Water
14	14	Number 4228 (Application No. 4537).
15	15	SECTION 2. LEGISLATIVE FINDINGS. The legislature finds
16	16	that:
17	17	(1) the project is a rural water project for political
18	18	subdivisions;
19	19	(2) the construction and development of the project
20	20	are in the public interest;
21	21	(3) the board has committed to the authority to
22	22	acquire, through the use of money in the Texas Water Development
23	23	Fund II state participation account, an interest in the project for
24	24	an amount not to exceed 50 percent of the total project costs in
25	25	order to support the optimum regional development of the project's
26	26	site; and
27	27	(4) the board has determined that it is reasonable to
28	28	expect that the state will recover its investment in the facility.
29	29	SECTION 3. BOARD DISCRETION IN MAKING FINDINGS. (a) In
30	30	making any statutory finding under Section 16.135(1), Water Code,
31	31	necessary to complete financing of the project, the board may take
32	32	into account any revenue reasonably expected to be received from:
33	33	(1) a political subdivision not currently under
34	34	contract with the authority to participate in paying the costs of
35	35	the site acquisition stage of the project; or
36	36	(2) a political subdivision not currently under
37	37	contract to purchase a portion of the water to be supplied by the
38	38	project.
39	39	(b) The board is not required to identify a political
40	40	subdivision from which revenue is reasonably expected to be
41	41	received as provided by Subsection (a) of this section at the time
42	42	the board makes a finding described by that subsection.
43	43	SECTION 4. EFFECTIVE DATE. This Act takes effect
44	44	immediately if it receives a vote of two-thirds of all the members
45	45	elected to each house, as provided by Section 39, Article III, Texas
46	46	Constitution. If this Act does not receive the vote necessary for
47	47	immediate effect, this Act takes effect September 1, 2009.
48	48	______________________________ ______________________________
49	49	President of the Senate Speaker of the House
50	50	I certify that H.B. No. 3861 was passed by the House on May 7,
51	51	2009, by the following vote: Yeas 146, Nays 0, 1 present, not
52	52	voting.
53	53	______________________________
54	54	Chief Clerk of the House
55	55	I certify that H.B. No. 3861 was passed by the Senate on May
56	56	27, 2009, by the following vote: Yeas 31, Nays 0.
57	57	______________________________
58	58	Secretary of the Senate
59	59	APPROVED: _____________________
60	60	Date
61	61	_____________________
62	62	Governor