By: Seliger S.B. No. 370
(In the Senate - Filed January 18, 2011; February 2, 2011,
read first time and referred to Committee on Natural Resources;
March 9, 2011, reported favorably by the following vote: Yeas 10,
Nays 0; March 9, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas Water Development Board to
provide financial assistance for certain projects if the applicant
has failed to complete a request for information relevant to the
project.
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. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
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