Texas 2011 - 82nd Regular

Texas House Bill HB3273 Compare Versions

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1	1	82R24443 ACP-F
2	2	By: Ritter H.B. No. 3273
3	3	Substitute the following for H.B. No. 3273:
4	4	By: Larson C.S.H.B. No. 3273
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation and funding of the state water
10	10	implementation fund for Texas to assist the Texas Water Development
11	11	Board in the funding of certain projects included in the state water
12	12	plan.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The legislature recognizes the importance of
15	15	providing for this state's future water supply needs. The purpose
16	16	of this Act is to ensure that funding is available to provide an
17	17	adequate water supply for the future of this state.
18	18	SECTION 2. Chapter 13, Water Code, is amended by adding
19	19	Subchapter O to read as follows:
20	20	SUBCHAPTER O. STATE WATER IMPLEMENTATION FEE
21	21	Sec. 13.551. STATE WATER IMPLEMENTATION FEE. Each retail
22	22	public utility shall collect from each ultimate consumer to whom
23	23	the utility provides retail water utility service a public water
24	24	supply service connection fee as provided by this subchapter.
25	25	Sec. 13.552. RATE OF FEE. The comptroller by rule shall
26	26	establish the rate of the fee imposed under this subchapter for each
27	27	service connection used by the ultimate consumer for potable water
28	28	consumption. The rate may not exceed the limit on the rate
29	29	prescribed by Section 49-d-12(d), Article III, Texas Constitution.
30	30	Sec. 13.553. EXEMPTIONS. A consumer who is a government or
31	31	institutional user, as defined by comptroller rule, is exempt from
32	32	the application of the fee.
33	33	Sec. 13.554. PAYMENT OF FEE. (a) On or before the 20th day
34	34	of the month following the end of each calendar month, each retail
35	35	public utility that sold potable water to an ultimate consumer for
36	36	consumption shall send to the comptroller the amount of the fee the
37	37	utility collected under this subchapter for the preceding calendar
38	38	month.
39	39	(b) A retail public utility that makes timely payment of the
40	40	fee imposed under this subchapter is entitled to retain one percent
41	41	of the fee for each consumer service connection on its system as
42	42	reimbursement for the costs of collecting the fee.
43	43	Sec. 13.555. REPORTS. On or before the 20th day of the
44	44	month following the end of each calendar month, each retail public
45	45	utility that sold potable water to an ultimate consumer for
46	46	consumption shall file with the comptroller a report stating:
47	47	(1) the number of consumer service connections used by
48	48	ultimate consumers during the preceding calendar month;
49	49	(2) the number of consumer service connections used by
50	50	ultimate consumers during the preceding calendar month on which the
51	51	fee was imposed; and
52	52	(3) any other information required by the comptroller.
53	53	Sec. 13.556. RECORDS. A retail public utility that sells
54	54	potable water to an ultimate consumer for consumption shall keep a
55	55	complete record of:
56	56	(1) the number of consumer service connections used by
57	57	ultimate consumers during the preceding calendar month;
58	58	(2) the number of consumer service connections used by
59	59	ultimate consumers during the preceding calendar month on which the
60	60	fee was imposed; and
61	61	(3) any other information required by the comptroller.
62	62	Sec. 13.557. ALLOCATION OF REVENUE. The revenue from the
63	63	fee imposed by this subchapter shall be deposited to the credit of
64	64	the state water implementation fund for Texas.
65	65	Sec. 13.558. NOTICE OF FEE IN ULTIMATE CONSUMER'S BILLING
66	66	STATEMENT. Each retail public utility shall list as a separate line
67	67	item on the ultimate consumer's billing statement the amount of the
68	68	fee imposed under this subchapter and identify the fee as the "state
69	69	water implementation fee."
70	70	Sec. 13.559. EXPIRATION. This subchapter expires September
71	71	1, 2027.
72	72	SECTION 3. Chapter 15, Water Code, is amended by adding
73	73	Subchapter G to read as follows:
74	74	SUBCHAPTER G. STATE WATER IMPLEMENTATION FUND FOR TEXAS
75	75	Sec. 15.431. DEFINITION. In this subchapter, "fund" means
76	76	the state water implementation fund for Texas.
77	77	Sec. 15.432. STATE WATER IMPLEMENTATION FUND FOR TEXAS.
78	78	(a) The state water implementation fund for Texas is a special fund
79	79	in the state treasury to be administered by the board under this
80	80	subchapter and rules adopted by the board under this subchapter.
81	81	(b) The fund consists of:
82	82	(1) the proceeds of any fee or tax imposed by this
83	83	state provided for by a general law enacted under Section 49-d-12,
84	84	Article III, Texas Constitution;
85	85	(2) any other fees or sources of revenue that the
86	86	legislature may dedicate for deposit to the credit of the fund;
87	87	(3) appropriations from the legislature;
88	88	(4) interest earned on money credited to the fund; and
89	89	(5) money from gifts, grants, or donations to the
90	90	fund.
91	91	Sec. 15.433. USE OF FUND. (a) The board may use money in
92	92	the fund only to provide financing for projects included in the
93	93	state water plan that are authorized under Subchapter Q of this
94	94	chapter, Subchapter E, Chapter 16, or Subchapter K, Chapter 17,
95	95	including the payment of the principal of and interest on, or the
96	96	making of payments under a bond enhancement agreement entered into
97	97	by the board with respect to the principal of or interest on, bonds
98	98	issued by the board for those projects.
99	99	(b) Not less than 20 percent of the money available in the
100	100	fund must be used to finance conservation and reuse projects
101	101	included in the state water plan.
102	102	Sec. 15.434. TRANSFERS TO OTHER ACCOUNTS. The board may
103	103	direct the comptroller to transfer amounts from the fund to the
104	104	credit of:
105	105	(1) the water infrastructure fund to be used for the
106	106	purposes provided by Section 15.433 related to projects included in
107	107	the state water plan that are authorized under Subchapter Q;
108	108	(2) the Texas Water Development Fund II state
109	109	participation account to be used for the purposes provided by
110	110	Section 15.433 related to projects included in the state water plan
111	111	that are authorized under Subchapter E, Chapter 16; or
112	112	(3) the Texas Water Development Fund II economically
113	113	distressed areas program account to be used for the purposes
114	114	provided by Section 15.433 related to projects included in the
115	115	state water plan that are authorized under Subchapter K, Chapter
116	116	17.
117	117	Sec. 15.435. RULES. The board shall adopt rules providing
118	118	for the use of money in the fund consistent with this subchapter,
119	119	including rules defining "conservation and reuse projects" for
120	120	purposes of Section 15.433(b).
121	121	SECTION 4. Section 15.973(b), Water Code, is amended to
122	122	read as follows:
123	123	(b) The fund consists of:
124	124	(1) appropriations from the legislature;
125	125	(2) any other fees or sources of revenue that the
126	126	legislature may dedicate for deposit to the fund;
127	127	(3) repayments of loans made from the fund;
128	128	(4) interest earned on money credited to the fund;
129	129	(5) depository interest allocable to the fund;
130	130	(6) money from gifts, grants, or donations to the
131	131	fund;
132	132	(7) money from revenue bonds or other sources
133	133	designated by the board; [and]
134	134	(8) proceeds from the sale of political subdivision
135	135	bonds or obligations held in the fund and not otherwise pledged to
136	136	the discharge, repayment, or redemption of revenue bonds or other
137	137	bonds, the proceeds of which were placed in the fund; and
138	138	(9) money transferred from the state water
139	139	implementation fund for Texas as authorized by Section 15.434.
140	140	SECTION 5. Section 17.957(b), Water Code, is amended to
141	141	read as follows:
142	142	(b) The state participation account is composed of:
143	143	(1) money and assets attributable to water financial
144	144	assistance bonds designated by the board as issued for projects
145	145	described in Section 16.131;
146	146	(2) money from the sale, transfer, or lease of a
147	147	project described in Subdivision (1) that was acquired,
148	148	constructed, reconstructed, developed, or enlarged with money from
149	149	the state participation account;
150	150	(3) payments received under a bond enhancement
151	151	agreement with respect to water financial assistance bonds
152	152	designated by the board as issued for projects described in Section
153	153	16.131;
154	154	(4) investment income earned on money on deposit in
155	155	the state participation account;
156	156	(4-a) money transferred from the state water
157	157	implementation fund for Texas as authorized by Section 15.434; and
158	158	(5) any other funds, regardless of their source, that
159	159	the board directs be deposited to the credit of the state
160	160	participation account.
161	161	SECTION 6. Section 17.958(b), Water Code, is amended to
162	162	read as follows:
163	163	(b) The economically distressed areas program account is
164	164	composed of:
165	165	(1) money and assets attributable to water financial
166	166	assistance bonds designated by the board as issued for projects
167	167	described in Subchapter K;
168	168	(2) money provided by the federal government, the
169	169	state, political subdivisions, and private entities for the purpose
170	170	of paying debt service on water financial assistance bonds issued
171	171	for purposes provided by Subchapter K;
172	172	(3) payments received under a bond enhancement
173	173	agreement with respect to water financial assistance bonds
174	174	designated by the board as issued for purposes provided by
175	175	Subchapter K;
176	176	(4) investment income earned on money on deposit in
177	177	the economically distressed areas program account;
178	178	(4-a) money transferred from the state water
179	179	implementation fund for Texas as authorized by Section 15.434; and
180	180	(5) any other funds, regardless of their source, that
181	181	the board directs be deposited to the credit of the economically
182	182	distressed areas program account.
183	183	SECTION 7. Not later than January 1, 2012, the comptroller
184	184	shall adopt rules under Subchapter O, Chapter 13, Water Code, as
185	185	added by this Act.
186	186	SECTION 8. The fee imposed by Section 13.551, Water Code, as
187	187	added by this Act, applies only to potable water sold to an ultimate
188	188	consumer on or after September 1, 2012.
189	189	SECTION 9. Not later than April 1, 2012, the Texas Water
190	190	Development Board shall adopt rules providing for the use of money
191	191	in the state water implementation fund for Texas under Subchapter
192	192	G, Chapter 15, Water Code, as added by this Act.
193	193	SECTION 10. This Act takes effect January 1, 2012, but only
194	194	if the constitutional amendment proposed by the 82nd Legislature,
195	195	Regular Session, 2011, providing for the creation and funding of
196	196	the state water implementation fund for Texas to assist the Texas
197	197	Water Development Board in the funding of certain projects included
198	198	in the state water plan is approved by the voters. If that
199	199	amendment is not approved by the voters, this Act has no effect.