1 | 1 | | By: Seliger S.B. No. 370 |
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2 | 2 | | (Ritter) |
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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 authority of the Texas Water Development Board to |
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8 | 8 | | provide financial assistance for certain projects if the applicant |
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9 | 9 | | has failed to complete a request for information relevant to the |
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10 | 10 | | project. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 15.975, Water Code, is amended by adding |
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13 | 13 | | Subsection (d) to read as follows: |
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14 | 14 | | (d) The board may not approve an application if the |
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15 | 15 | | applicant has failed to satisfactorily complete a request by the |
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16 | 16 | | executive administrator or a regional planning group for |
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17 | 17 | | information relevant to the project, including a water |
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18 | 18 | | infrastructure financing survey under Section 16.053(q). |
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19 | 19 | | SECTION 2. Section 15.912, Water Code, is amended to read as |
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20 | 20 | | follows: |
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21 | 21 | | Sec. 15.912. CONSIDERATIONS IN ACTING ON APPLICATION. |
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22 | 22 | | (a) In acting on an application for financial assistance, the |
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23 | 23 | | board shall consider: |
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24 | 24 | | (1) the needs of the area to be served by the project |
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25 | 25 | | and the benefit of the project to the area in relation to the needs |
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26 | 26 | | of other areas requiring state assistance in any manner and the |
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27 | 27 | | benefits of those projects to the other areas; |
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28 | 28 | | (2) the availability of revenue to the political |
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29 | 29 | | subdivision or water supply corporation from all sources for any |
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30 | 30 | | necessary repayment of the cost of the project, including all |
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31 | 31 | | interest; |
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32 | 32 | | (3) the relationship of the project to overall |
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33 | 33 | | statewide needs; and |
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34 | 34 | | (4) any other factors that the board considers |
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35 | 35 | | relevant. |
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36 | 36 | | (b) The board may not accept an application for a loan or |
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37 | 37 | | grant of financial assistance from the fund for a project |
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38 | 38 | | recommended through the state and regional water planning processes |
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39 | 39 | | under Sections 16.051 and 16.053 if the applicant has failed to |
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40 | 40 | | satisfactorily complete a request by the executive administrator or |
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41 | 41 | | a regional planning group for information relevant to the project, |
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42 | 42 | | including a water infrastructure financing survey under Section |
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43 | 43 | | 16.053(q). |
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44 | 44 | | SECTION 3. Section 16.131, Water Code, is amended to read as |
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45 | 45 | | follows: |
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46 | 46 | | Sec. 16.131. AUTHORIZED PROJECTS. (a) The board may use |
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47 | 47 | | the state participation account of the development fund to |
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48 | 48 | | encourage optimum regional development of projects including the |
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49 | 49 | | design, acquisition, lease, construction, reconstruction, |
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50 | 50 | | development, or enlargement in whole or part of: |
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51 | 51 | | (1) reservoirs and storm water retention basins for |
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52 | 52 | | water supply, flood protection, and groundwater recharge; |
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53 | 53 | | (2) facilities for the transmission and treatment of |
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54 | 54 | | water; and |
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55 | 55 | | (3) treatment works as defined by Section 17.001 [of |
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56 | 56 | | this code]. |
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57 | 57 | | (b) The board may not use the state participation account of |
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58 | 58 | | the development fund to finance a project recommended through the |
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59 | 59 | | state and regional water planning processes under Sections 16.051 |
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60 | 60 | | and 16.053 if the applicant has failed to satisfactorily complete a |
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61 | 61 | | request by the executive administrator or a regional planning group |
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62 | 62 | | for information relevant to the project, including a water |
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63 | 63 | | infrastructure financing survey under Section 16.053(q). |
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64 | 64 | | SECTION 4. This Act takes effect immediately if it receives |
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65 | 65 | | a vote of two-thirds of all the members elected to each house, as |
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66 | 66 | | provided by Section 39, Article III, Texas Constitution. If this |
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67 | 67 | | Act does not receive the vote necessary for immediate effect, this |
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68 | 68 | | Act takes effect September 1, 2011. |
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