Texas 2009 - 81st Regular

Texas Senate Bill SB2314 Compare Versions

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Old	New	Differences
1	1	S.B. No. 2314
2	2
3	3
4	4	AN ACT
5	5	relating to the adoption of rules by the Texas Water Development
6	6	Board regarding supplemental funding resulting from federal
7	7	economic recovery legislation.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsection (b), Section 15.604, Water Code, is
10	10	amended to read as follows:
11	11	(b) The board shall adopt rules specifying the manner in
12	12	which any additional state revolving fund hereafter established by
13	13	the board, or any capitalization grant under the state water
14	14	pollution control revolving fund, the safe drinking water revolving
15	15	fund, or any additional state revolving fund, may be used to provide
16	16	financial assistance to an eligible applicant [political
17	17	subdivisions] for public works. Such rules shall require financial
18	18	assistance to be provided for the purpose or purposes and on the
19	19	terms authorized by the federal legislation or federal agency
20	20	program under which the additional state revolving fund was
21	21	established or the capitalization grant was awarded.
22	22	SECTION 2. Subchapter J, Chapter 15, Water Code, is amended
23	23	by adding Section 15.6055 to read as follows:
24	24	Sec. 15.6055. RULEMAKING AUTHORITY FOR SPECIAL FEDERAL
25	25	CAPITALIZATION GRANTS. (a) The board may adopt rules specifying
26	26	the manner in which any special capitalization grant under the
27	27	state water pollution control revolving fund, the safe drinking
28	28	water revolving fund, or any additional state revolving fund
29	29	received as a result of federal economic recovery legislation may
30	30	be used to provide financial assistance to an eligible applicant
31	31	for public works. The rules must require financial assistance to be
32	32	provided for the purpose or purposes, and on the terms authorized
33	33	by, the federal legislation or federal agency program under which
34	34	the additional state revolving fund was established or the special
35	35	capitalization grant was awarded.
36	36	(b) If the board determines that it is necessary to adopt
37	37	rules to comply with the terms of a special capitalization grant or
38	38	other source of federal funding, and that the procedures prescribed
39	39	by Subchapter B, Chapter 2001, Government Code, for adopting rules
40	40	do not allow for the adoption of the rules in a sufficiently prompt
41	41	manner, the procedures prescribed by that subchapter do not apply
42	42	to the adoption of the rules. In that case, the board shall:
43	43	(1) post notice of a meeting to adopt rules not later
44	44	than 72 hours before the time the meeting is scheduled; and
45	45	(2) adopt the necessary rules at the meeting.
46	46	(c) The board shall file a rule adopted in the manner
47	47	authorized by Subsection (b) and the board's written determinations
48	48	made under that subsection in the office of the secretary of state
49	49	for publication in the Texas Register in the manner prescribed by
50	50	Chapter 2002, Government Code.
51	51	(d) Not later than the 180th day after the date rules are
52	52	adopted under Subsection (b), the board may readopt or amend the
53	53	rules in accordance with the procedures prescribed by Subchapter B,
54	54	Chapter 2001, Government Code. If the board does not readopt or
55	55	amend the rules in that manner, the rules expire on the 180th day
56	56	after the date the rules were adopted under Subsection (b).
57	57	(e) This section expires September 1, 2011.
58	58	SECTION 3. This Act takes effect immediately if it receives
59	59	a vote of two-thirds of all the members elected to each house, as
60	60	provided by Section 39, Article III, Texas Constitution. If this
61	61	Act does not receive the vote necessary for immediate effect, this
62	62	Act takes effect September 1, 2009.
63	63	______________________________ ______________________________
64	64	President of the Senate Speaker of the House
65	65	I hereby certify that S.B. No. 2314 passed the Senate on
66	66	April 23, 2009, by the following vote: Yeas 30, Nays 0; and that
67	67	the Senate concurred in House amendment on June 1, 2009, by the
68	68	following vote: Yeas 31, Nays 0.
69	69	______________________________
70	70	Secretary of the Senate
71	71	I hereby certify that S.B. No. 2314 passed the House, with
72	72	amendment, on May 26, 2009, by the following vote: Yeas 147,
73	73	Nays 0, one present not voting.
74	74	______________________________
75	75	Chief Clerk of the House
76	76	Approved:
77	77	______________________________
78	78	Date
79	79	______________________________
80	80	Governor