Texas 2009 - 81st Regular

Texas Senate Bill SB1371 Compare Versions

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1	1	S.B. No. 1371
2	2
3	3
4	4	AN ACT
5	5	relating to the colonia self-help program.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 15.951, Water Code, is amended by
8	8	amending Subdivision (2) and adding Subdivisions (2-a) and (2-b) to
9	9	read as follows:
10	10	(2) "Colonia" means a geographic area that:
11	11	(A) is an economically distressed area as defined
12	12	by Section 17.921;
13	13	(B) is located in a county any part of which is
14	14	within 50 miles of an international border; and
15	15	(C) consists of at least 11 [or more] dwellings,
16	16	or of at least a lower number of dwellings as specified by the board
17	17	for which the board determines that a self-help project will be
18	18	cost-effective, that are located in close proximity to each other
19	19	in an area that may be described as a community or neighborhood.
20	20	(2-a) "Nonprofit organization" means an organization
21	21	qualifying for an exemption from federal income taxes under Section
22	22	501(c)(3), Internal Revenue Code of 1986.
23	23	(2-b) "Political subdivision" has the meaning
24	24	assigned by Section 17.921.
25	25	SECTION 2. Section 15.953, Water Code, is amended to read as
26	26	follows:
27	27	Sec. 15.953. USE OF ACCOUNT. (a) The board may use funds
28	28	in the account to reimburse a political subdivision or a nonprofit
29	29	organization for eligible [only to reimburse nonprofit
30	30	organizations eligible under Section 15.954 for] expenses incurred
31	31	in a self-help project that results in the provision of adequate
32	32	water or wastewater services to a colonia. Eligible expenses under
33	33	this subsection [Expenses that may be reimbursed] include:
34	34	(1) construction expenses;
35	35	(2) facility planning expenses;
36	36	(3) platting expenses;
37	37	(4) surveying expenses;
38	38	(5) engineering expenses;
39	39	(6) equipment expenses; and
40	40	(7) other expenses necessary to provide water or
41	41	wastewater services to the colonia, as determined appropriate by
42	42	the board.
43	43	(b) The board may award a grant under the program directly
44	44	to a political subdivision or nonprofit organization to reimburse
45	45	the subdivision or organization for expenses incurred in a
46	46	self-help project described by Subsection (a). If the board
47	47	determines that a retail public utility described by Section
48	48	15.955(8) has made a commitment to the self-help project sufficient
49	49	to ensure that retail water or wastewater service will be extended
50	50	to the colonia, the board may make an advance of grant funds. An
51	51	advance under this subsection is subject to the terms determined by
52	52	the board and may not exceed 10 percent of the total amount of the
53	53	grant.
54	54	SECTION 3. Section 15.954, Water Code, is amended to read as
55	55	follows:
56	56	Sec. 15.954. ELIGIBLE POLITICAL SUBDIVISIONS AND NONPROFIT
57	57	ORGANIZATIONS. To be eligible to receive a grant under the
58	58	program, a political subdivision or a nonprofit [an] organization
59	59	must:
60	60	(1) demonstrate work experience relevant to extending
61	61	retail water or wastewater utility service to colonias in
62	62	coordination with retail public utilities [apply for the grant];
63	63	and
64	64	(2) develop a plan that requires self-help project
65	65	beneficiaries to actively participate in the implementation of the
66	66	project, in coordination with a retail public utility described by
67	67	Section 15.955(8) [qualify for an exemption from federal income
68	68	taxes under Section 501(c)(3), Internal Revenue Code of 1986, as
69	69	amended; and
70	70	[(3) as of January 1, 2001, have a demonstrated record
71	71	of completing in coordination with a retail public utility
72	72	construction of self-help projects described by Section
73	73	15.953(a)].
74	74	SECTION 4. Section 15.955, Water Code, is amended to read as
75	75	follows:
76	76	Sec. 15.955. GRANT APPLICATION. An eligible political
77	77	subdivision or nonprofit organization must apply to the board for a
78	78	grant under the program before incurring any expense associated
79	79	with a self-help project described by Section 15.953(a). The
80	80	application must include:
81	81	(1) the name of the political subdivision or nonprofit
82	82	organization, the names of the political subdivision's authorized
83	83	representative or the nonprofit [the] organization's principal
84	84	officers, and verification of the nonprofit [the] organization's
85	85	501(c)(3) status;
86	86	(2) a description of the project area, the anticipated
87	87	number of water and wastewater connections to be made, and the
88	88	anticipated number of colonia residents to be served;
89	89	(3) a description of the existing water and wastewater
90	90	facilities in the colonia;
91	91	(4) a description of the project and the aspect of the
92	92	project for which the grant will be used;
93	93	(5) a description of the anticipated participation in
94	94	the project by residents of the colonia;
95	95	(6) the estimated total cost of both the project and
96	96	the aspect of the project for which the grant will be used;
97	97	(7) the amount of the grant that is requested from the
98	98	account and the sources of funding for the entire project;
99	99	(8) from a retail public utility authorized to provide
100	100	water or wastewater services to the colonia, a resolution in which
101	101	the retail public utility:
102	102	(A) agrees to inspect the project during and
103	103	after construction to ensure the adequacy of the project; and
104	104	(B) commits to provide the water or wastewater
105	105	services that the project intends to use; and
106	106	(9) any other information required by the board.
107	107	SECTION 5. Section 15.956, Water Code, is amended to read as
108	108	follows:
109	109	Sec. 15.956. BOARD CONSIDERATIONS IN EVALUATING GRANT
110	110	APPLICATION. In evaluating an application for a grant under the
111	111	program, the board shall consider:
112	112	(1) the number of colonia residents to be served by the
113	113	self-help project;
114	114	(2) the capability of the political subdivision or
115	115	nonprofit organization to complete the self-help project in a
116	116	timely manner;
117	117	(3) the[,] quality[, and character] of any projects
118	118	previously completed by the applicant; and
119	119	(4) [(2)] the commitment demonstrated by [capability
120	120	of] the retail public utility to provide water or wastewater
121	121	services to the colonia on completion of the project.
122	122	SECTION 6. Section 15.959, Water Code, is repealed.
123	123	SECTION 7. This Act takes effect immediately if it receives
124	124	a vote of two-thirds of all the members elected to each house, as
125	125	provided by Section 39, Article III, Texas Constitution. If this
126	126	Act does not receive the vote necessary for immediate effect, this
127	127	Act takes effect September 1, 2009.
128	128	______________________________ ______________________________
129	129	President of the Senate Speaker of the House
130	130	I hereby certify that S.B. No. 1371 passed the Senate on
131	131	April 21, 2009, by the following vote: Yeas 30, Nays 0.
132	132	______________________________
133	133	Secretary of the Senate
134	134	I hereby certify that S.B. No. 1371 passed the House on
135	135	May 6, 2009, by the following vote: Yeas 96, Nays 48, two present
136	136	not voting.
137	137	______________________________
138	138	Chief Clerk of the House
139	139	Approved:
140	140	______________________________
141	141	Date
142	142	______________________________
143	143	Governor