82R4269 ACP-D
By: Lucio S.B. No. 1690
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of and action on applications for
financial assistance for water supply and sewer service projects in
economically distressed areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 17.927(d), Water Code, is amended to
read as follows:
(d) Before considering an application, the board may
require the applicant to:
(1) provide documentation to the executive
administrator sufficient to allow review of the applicant's
managerial, financial, and technical capabilities to plan, build,
and operate the system for which assistance is being requested;
(2) provide a written determination by the commission
on the applicant's managerial, financial, and technical
capabilities to plan, build, and operate the system for which
assistance is being requested;
(3) request that the comptroller perform a financial
management review of the applicant and, if the review is performed,
provide the board with the results of the review; or
(4) provide any other information required by the
board or the executive administrator.
SECTION 2. Section 17.929(a), Water Code, is amended to
read as follows:
(a) In passing on an application for financial assistance,
the board shall consider:
(1) the need of the economically distressed area to be
served by the water supply and sewer services in relation to the
need of other political subdivisions requiring financial
assistance under this subchapter and the relative costs and
benefits of all applications;
(2) the availability to the area to be served by the
project of revenue or financial assistance from alternative sources
for the payment of the cost of the proposed project;
(3) the financing of the proposed water supply and
sewer project including consideration of:
(A) the budget and repayment schedule submitted
under Section 17.927(b)(4);
(B) other items included in the application
relating to financing; and
(C) other financial information and data
available to the board;
(4) whether the county and other appropriate political
subdivisions have adopted model rules pursuant to Section 16.343
and the manner of enforcement of model rules; [and]
(5) the feasibility of achieving cost savings by
providing a regional facility for water supply or wastewater
service and the feasibility of financing the facility by using
funds from the economically distressed areas account or any other
financial assistance; and
(6) the applicant's managerial, financial, and
technical capabilities to plan, build, and operate the proposed
water supply and sewer project.
SECTION 3. Section 17.930(b), Water Code, is amended to
read as follows:
(b) After making the considerations provided by Section
17.929, the board by resolution shall:
(1) approve the plan and application as submitted;
(2) approve the plan and application subject to the
requirements identified by the board or commission for the
applicant to obtain the managerial, financial, and technical
capabilities to plan, build, and operate the system and any other
requirements, including training under Subchapter M, the board
considers appropriate;
(3) deny the application and identify the requirements
or remedial steps the applicant must complete before the applicant
may be reconsidered for financial assistance;
(4) if the board finds that the applicant will be
unable to obtain the managerial, financial, or technical
capabilities to plan, build, and operate a system, deny the
application and issue a determination that a service provider other
than the applicant is necessary or appropriate to undertake the
proposed project; or
(5) deny the application.
SECTION 4. The change in law made by this Act applies only
to an application for financial assistance under Subchapter K,
Chapter 17, Water Code, that is filed with the Texas Water
Development Board on or after the effective date of this Act. An
application for financial assistance under that subchapter that is
filed with the board before the effective date of this Act is
subject to the law in effect on the date the application is filed,
and that law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2011.