By: Hegar S.B. No. 1169
(In the Senate - Filed March 5, 2013; March 12, 2013, read
first time and referred to Committee on Natural Resources;
March 27, 2013, reported favorably by the following vote: Yeas 10,
Nays 0; March 27, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to water conservation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 10, Water Code, is amended by adding
Section 10.0021 to read as follows:
Sec. 10.0021. SUNSET PROVISION. The Water Conservation
Advisory Council is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the council is abolished and this chapter expires
September 1, 2023.
SECTION 2. Section 10.011, Water Code, is amended to read as
follows:
Sec. 10.011. REPORT. Not later than December 1 of each
even-numbered year, the council shall submit to the governor,
lieutenant governor, and speaker of the house of representatives a
report on progress made in water conservation in this state. The
report must include specific statutory, budgetary, and policy
recommendations to improve water conservation and management.
SECTION 3. Section 16.0121, Water Code, is amended by
adding Subsections (g) and (h) to read as follows:
(g) A retail public utility providing potable water that
receives from the board financial assistance shall use a portion of
that financial assistance, or any additional financial assistance
provided by the board for the purpose described by this subsection,
to mitigate the utility's system water loss if, based on a water
audit filed by the utility under this section, the water loss meets
or exceeds the threshold established by board rule.
(h) For each category of retail public utility listed in
Subsection (c), the board shall adopt rules regarding:
(1) the amount of system water loss that requires a
utility to take action under Subsection (g); and
(2) the use of financial assistance from the board as
required by Subsection (g) to mitigate system water loss.
SECTION 4. Subsection (h), Section 16.055, Water Code, is
amended to read as follows:
(h) On receipt of the notice under Subsection (g)(2)(B), a
[the] person or entity required to develop a drought contingency
plan shall immediately implement the person's or entity's [water
conservation plan or drought contingency] plan.
SECTION 5. Section 17.124, Water Code, is amended to read as
follows:
Sec. 17.124. CONSIDERATIONS IN PASSING ON APPLICATIONS. In
passing on an application from a political subdivision for
financial assistance for a water supply project, the board shall
consider:
(1) the needs of the area to be served by the water
supply project, the benefit of the water supply project to the area,
the relationship of the water supply project to the overall,
statewide water needs, and the relationship of the water supply
project to the state water plan; [and]
(2) the availability of revenue to the political
subdivision, from all sources, for the ultimate repayment of the
cost of the water supply project, including interest; and
(3) whether the political subdivision has implemented
its drought contingency plan when required.
SECTION 6. Subsection (g), Section 16.0121, Water Code, as
added by this Act, applies only to system water loss based on a
water audit filed with the Texas Water Development Board under
Section 16.0121, Water Code, on or after January 1, 2014.
SECTION 7. Not later than January 1, 2014, the Texas Water
Development Board shall adopt rules to implement Subsection (h),
Section 16.0121, Water Code, as added by this Act.
SECTION 8. Section 17.124, Water Code, as amended by this
Act, applies only to the consideration of whether a political
subdivision has implemented its drought contingency plan on or
after the effective date of this Act.
SECTION 9. This Act takes effect September 1, 2013.
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