H.B. No. 1732
AN ACT
relating to the provision by the Texas Water Development Board of
financial assistance for certain projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 15.975, Water Code, is amended by adding
Subsection (d) to read as follows:
(d) The board may not approve an application if the
applicant has failed to satisfactorily complete a request by the
executive administrator or a regional planning group for
information relevant to the project, including a water
infrastructure financing survey under Section 16.053(q).
SECTION 2. Section 15.912, Water Code, is amended to read as
follows:
Sec. 15.912. CONSIDERATIONS IN ACTING ON APPLICATION. (a)
In acting on an application for financial assistance, the board
shall consider:
(1) the needs of the area to be served by the project
and the benefit of the project to the area in relation to the needs
of other areas requiring state assistance in any manner and the
benefits of those projects to the other areas;
(2) the availability of revenue to the political
subdivision or water supply corporation from all sources for any
necessary repayment of the cost of the project, including all
interest;
(3) the relationship of the project to overall
statewide needs; and
(4) any other factors that the board considers
relevant.
(b) The board may not accept an application for a loan or
grant of financial assistance from the fund for a project
recommended through the state and regional water planning processes
under Sections 16.051 and 16.053 if the applicant has failed to
satisfactorily complete a request by the executive administrator or
a regional planning group for information relevant to the project,
including a water infrastructure financing survey under Section
16.053(q).
SECTION 3. Section 16.131, Water Code, is amended to read as
follows:
Sec. 16.131. AUTHORIZED PROJECTS. (a) The board may use
the state participation account of the development fund to
encourage optimum regional development of projects including the
design, acquisition, lease, construction, reconstruction,
development, or enlargement in whole or part of:
(1) reservoirs and storm water retention basins for
water supply, flood protection, and groundwater recharge;
(2) facilities for the transmission and treatment of
water; and
(3) treatment works as defined by Section 17.001 [of
this code].
(b) The board may not use the state participation account of
the development fund to finance a project recommended through the
state and regional water planning processes under Sections 16.051
and 16.053 if the applicant has failed to satisfactorily complete a
request by the executive administrator or a regional planning group
for information relevant to the project, including a water
infrastructure financing survey under Section 16.053(q).
SECTION 4. Section 17.003, Water Code, is amended by adding
Subsections (c), (d), (e), and (f) to read as follows:
(c) Water financial assistance bonds that have been
authorized but have not been issued are not considered to be state
debt payable from the general revenue fund for purposes of Section
49-j, Article III, Texas Constitution, until the legislature makes
an appropriation from the general revenue fund to the board to pay
the debt service on the bonds.
(d) In requesting approval for the issuance of bonds under
this chapter, the executive administrator shall certify to the bond
review board whether the bonds are reasonably expected to be paid
from:
(1) the general revenues of the state; or
(2) revenue sources other than the general revenues of
the state.
(e) The bond review board shall verify whether debt service
on bonds to be issued by the board under this chapter is state debt
payable from the general revenues of the state, in accordance with
the findings made by the board in the resolution authorizing the
issuance of the bonds and the certification provided by the
executive administrator under Subsection (d).
(f) Bonds issued under this chapter that are designed to be
paid from the general revenues of the state shall cease to be
considered bonds payable from those revenues if:
(1) the bonds are backed by insurance or another form
of guarantee that ensures payment from a source other than the
general revenues of the state; or
(2) the board demonstrates to the satisfaction of the
bond review board that the bonds no longer require payment from the
general revenues of the state and the bond review board so certifies
to the Legislative Budget Board.
SECTION 5. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1732 was passed by the House on April
6, 2011, by the following vote: Yeas 139, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1732 on May 25, 2011, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1732 on May 28, 2011, by the following vote: Yeas 144,
Nays 1, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1732 was passed by the Senate, with
amendments, on May 23, 2011, by the following vote: Yeas 30, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1732 on May 28, 2011, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor