1 | 1 | | 2009S0271-1 02/06/09 |
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2 | 2 | | By: Averitt S.B. No. 2313 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the creation of the water plan projects fund to assist |
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8 | 8 | | the Texas Water Development Board in the funding of certain |
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9 | 9 | | projects identified in the state and regional water plans. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Chapter 15, Water Code, is amended by adding |
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12 | 12 | | Subchapter G to read as follows: |
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13 | 13 | | SUBCHAPTER G. WATER PLAN PROJECTS FUND |
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14 | 14 | | Sec. 15.431. DEFINITIONS. In this subchapter: |
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15 | 15 | | (1) "Bond enhancement agreement" has the meaning |
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16 | 16 | | assigned by Section 17.954. |
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17 | 17 | | (2) "Debt service" means the payment of principal and |
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18 | 18 | | interest on bonds issued by the board, including water financial |
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19 | 19 | | assistance bonds under Chapter 17, for water projects described by |
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20 | 20 | | Section 15.432(c). |
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21 | 21 | | Sec. 15.432. WATER PLAN PROJECTS FUND. (a) The water plan |
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22 | 22 | | projects fund is an account within the water infrastructure fund |
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23 | 23 | | and consists of fees dedicated to the water plan projects fund by |
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24 | 24 | | the legislature. |
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25 | 25 | | (b) The board shall use the water plan projects fund as a |
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26 | 26 | | source of revenue: |
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27 | 27 | | (1) for debt service related to the funding of water |
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28 | 28 | | projects described by Subsection (c); and |
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29 | 29 | | (2) to meet obligations incurred under a bond |
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30 | 30 | | enhancement agreement in connection with water projects described |
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31 | 31 | | by Subsection (c)(2). |
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32 | 32 | | (c) The board may use the water plan projects fund as |
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33 | 33 | | provided by this section for projects authorized under: |
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34 | 34 | | (1) Subchapters E and Q; and |
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35 | 35 | | (2) Subchapters G, I, and K, Chapter 17. |
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36 | 36 | | Sec. 15.433. TRANSFER TO TEXAS WATER DEVELOPMENT FUND II. |
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37 | 37 | | The comptroller shall transfer from the water plan projects fund to |
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38 | 38 | | the Texas Water Development Fund II money that is to be used for a |
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39 | 39 | | purpose described by Section 15.432(b) related to a project |
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40 | 40 | | authorized under: |
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41 | 41 | | (1) Subchapter G or I, Chapter 17, in which case the |
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42 | 42 | | money shall be deposited into the state participation account under |
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43 | 43 | | Section 17.957; and |
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44 | 44 | | (2) Subchapter K, Chapter 17, in which case the money |
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45 | 45 | | shall be deposited into the economically distressed areas program |
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46 | 46 | | account under Section 17.958. |
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47 | 47 | | Sec. 15.434. RULES. The board shall adopt rules providing |
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48 | 48 | | for the use of the water plan projects fund consistent with this |
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49 | 49 | | subchapter. |
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50 | 50 | | SECTION 2. Subsection (b), Section 17.957, Water Code, is |
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51 | 51 | | amended to read as follows: |
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52 | 52 | | (b) The state participation account is composed of: |
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53 | 53 | | (1) money and assets attributable to water financial |
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54 | 54 | | assistance bonds designated by the board as issued for projects |
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55 | 55 | | described in Section 16.131; |
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56 | 56 | | (2) money from the sale, transfer, or lease of a |
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57 | 57 | | project described in Subdivision (1) that was acquired, |
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58 | 58 | | constructed, reconstructed, developed, or enlarged with money from |
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59 | 59 | | the state participation account; |
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60 | 60 | | (3) payments received under a bond enhancement |
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61 | 61 | | agreement with respect to water financial assistance bonds |
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62 | 62 | | designated by the board as issued for projects described in Section |
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63 | 63 | | 16.131; |
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64 | 64 | | (4) investment income earned on money on deposit in |
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65 | 65 | | the state participation account; [and] |
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66 | 66 | | (5) money transferred from the water plan projects |
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67 | 67 | | fund under Subchapter G, Chapter 15; and |
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68 | 68 | | (6) any other funds, regardless of their source, that |
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69 | 69 | | the board directs be deposited to the credit of the state |
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70 | 70 | | participation account. |
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71 | 71 | | SECTION 3. Subsection (b), Section 17.958, Water Code, is |
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72 | 72 | | amended to read as follows: |
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73 | 73 | | (b) The economically distressed areas program account is |
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74 | 74 | | composed of: |
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75 | 75 | | (1) money and assets attributable to water financial |
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76 | 76 | | assistance bonds designated by the board as issued for projects |
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77 | 77 | | described in Subchapter K; |
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78 | 78 | | (2) money provided by the federal government, the |
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79 | 79 | | state, political subdivisions, and private entities for the purpose |
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80 | 80 | | of paying debt service on water financial assistance bonds issued |
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81 | 81 | | for purposes provided by Subchapter K; |
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82 | 82 | | (3) payments received under a bond enhancement |
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83 | 83 | | agreement with respect to water financial assistance bonds |
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84 | 84 | | designated by the board as issued for purposes provided by |
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85 | 85 | | Subchapter K; |
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86 | 86 | | (4) investment income earned on money on deposit in |
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87 | 87 | | the economically distressed areas program account; [and] |
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88 | 88 | | (5) money transferred from the water plan projects |
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89 | 89 | | fund under Subchapter G, Chapter 15; and |
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90 | 90 | | (6) any other funds, regardless of their source, that |
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91 | 91 | | the board directs be deposited to the credit of the economically |
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92 | 92 | | distressed areas program account. |
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93 | 93 | | SECTION 4. This Act takes effect immediately if it receives |
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94 | 94 | | a vote of two-thirds of all the members elected to each house, as |
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95 | 95 | | provided by Section 39, Article III, Texas Constitution. If this |
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96 | 96 | | Act does not receive the vote necessary for immediate effect, this |
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97 | 97 | | Act takes effect September 1, 2009. |
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