By: Lucio S.B. No. 2283
A BILL TO BE ENTITLED
AN ACT
relating to the use of the state participation account of the Texas
Water Development Fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.131, Water Code, is amended to read as
follows:
Sec. 16.131. AUTHORIZED PROJECTS. The board may use the
state participation account of the development fund:
(1) to encourage optimum regional development of
projects including the design, acquisition, lease, construction,
reconstruction, development, or enlargement in whole or part of:
(A) [(1)] reservoirs and storm water retention
basins for water supply, flood protection, and groundwater
recharge;
(B) [(2)] facilities for the transmission and
treatment of water; and
(C) [(3)] treatment works as defined by Section
17.001 of this code; and
(2) to acquire water rights or existing public water
systems to encourage optimum regional development of desalination
projects.
SECTION 2. Section 16.135, Water Code, is amended to read as
follows:
Sec. 16.135. BOARD FINDINGS. Before the board may acquire a
facility or interest in a facility, the board shall find
affirmatively that:
(1) it is reasonable to expect that the state will
recover its investment in the facility;
(2) the cost of the facility exceeds the current
financing capabilities of the area involved, and the optimum
regional development of the facility cannot be reasonably financed
by local interests without state participation;
(3) the public interest will be served by acquisition
of the facility; [and]
(4) the facility to be constructed or reconstructed
contemplates the optimum regional development which is reasonably
required under all existing circumstances of the site; and
(5) if appropriate, the facility to be acquired
encourages optimum regional development of a desalination project.
SECTION 3. This Act takes effect September 1, 2009.