83R5459 SLB/SMH/JXC-D
By: Fraser S.B. No. 4
A BILL TO BE ENTITLED
AN ACT
relating to the administration and functions of the Texas Water
Development Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. ADMINISTRATION OF THE TEXAS WATER DEVELOPMENT BOARD
SECTION 1.01. Section 6.052(a), Water Code, is amended to
read as follows:
(a) The board is composed of three [six] members who are
appointed by the governor with the advice and consent of the senate.
SECTION 1.02. Section 6.053, Water Code, is amended by
adding Subsection (d) to read as follows:
(d) A person is not eligible for appointment to the board if
the person served on the board on or before January 1, 2013.
SECTION 1.03. Section 6.054(c), Water Code, is amended to
read as follows:
(c) If the executive administrator or a member has knowledge
that a potential ground for removal exists, the executive
administrator shall notify the chairman of the board of the
potential ground. The chairman of the board shall then notify the
governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal includes the
chairman of the board, the executive administrator or another
member of the board shall notify the member [next highest ranking
officer] of the board with the most seniority, who shall then notify
the governor and the attorney general that a potential ground for
removal exists.
SECTION 1.04. Section 6.056, Water Code, is amended to read
as follows:
Sec. 6.056. TERMS OF OFFICE. (a) The members of the board
hold office for staggered terms of six years, with the term [terms]
of one member [two members] expiring February 1 of each
odd-numbered year [every two years]. Each member holds office
until a [his] successor is appointed and has qualified.
(b) A person appointed to the board may not serve for more
than two six-year terms.
SECTION 1.05. Section 6.059, Water Code, is amended to read
as follows:
Sec. 6.059. CHAIRMAN OF THE BOARD [OFFICERS]. [(a)] The
governor shall designate one member as chairman of the board to
serve at the will of the governor.
[(b) The members of the board shall elect a vice-chairman
every two years. The board shall fill a vacancy in the office of
vice-chairman for the remainder of the unexpired term.]
SECTION 1.06. Sections 6.060(a) and (b), Water Code, are
amended to read as follows:
(a) The board shall hold regular meetings and all hearings
at times specified by a board order and entered in its minutes [meet
at least once every other month on a day and at a place within the
state selected by it, subject to recesses at the discretion of the
board]. The [chairman or two] board [members] may hold special
meetings at the times and places in the state that the board decides
are appropriate for the performance of its duties. The chairman of
the board or the board member acting for the chairman shall give the
other members reasonable notice before holding a special meeting
[call a special meeting at any time by giving notice to the other
members].
(b) The chairman [or in his absence the vice-chairman] shall
preside at all meetings of the board. The chairman may designate
another board member to act for the chairman in the chairman's
absence.
SECTION 1.07. Section 6.061, Water Code, is amended to read
as follows:
Sec. 6.061. FULL-TIME SERVICE. Each member of the board
shall serve on a full-time basis. [COMPENSATION; EXPENSES. A
member is entitled to receive an amount as provided by the General
Appropriations Act for each day he serves in the performance of his
duties, together with travel and other necessary expenses.]
SECTION 1.08. Section 6.103, Water Code, is amended to read
as follows:
Sec. 6.103. EXECUTIVE ADMINISTRATOR. The chairman of the
board shall appoint a person to be the executive administrator to
serve at the will of the board. A person is not eligible for
appointment as the executive administrator if the person served in
that capacity on January 1, 2013. The executive administrator
shall report to the chairman of the board.
SECTION 1.09. (a) Not later than September 1, 2013, the
governor shall appoint the initial members of the Texas Water
Development Board under Section 6.052, Water Code, as amended by
this Act. In appointing the initial members of the board, the
governor shall appoint one person to a term expiring February 1,
2015, one to a term expiring February 1, 2017, and one to a term
expiring February 1, 2019.
(b) The terms of the current members of the board expire
September 1, 2013.
SECTION 1.10. (a) Not later than October 1, 2013, the
chairman of the Texas Water Development Board shall appoint the
executive administrator of the board under Section 6.103, Water
Code, as amended by this Act.
(b) The person currently serving as the executive
administrator of the board ceases to serve in that capacity on the
date a new executive administrator is appointed under Subsection
(a) of this section.
ARTICLE 2. STATE WATER IMPLEMENTATION FUND FOR TEXAS
SECTION 2.01. Chapter 15, Water Code, is amended by adding
Subchapter G to read as follows:
SUBCHAPTER G. STATE WATER IMPLEMENTATION FUND FOR TEXAS
Sec. 15.431. DEFINITIONS. In this subchapter:
(1) "Advisory committee" means the State Water
Implementation Fund for Texas Advisory Committee.
(2) "Fund" means the state water implementation fund
for Texas.
Sec. 15.432. STATE WATER IMPLEMENTATION FUND FOR TEXAS.
(a) The state water implementation fund for Texas is a special fund
outside the state treasury to be administered without further
appropriation by the board under this subchapter and rules adopted
by the board under this subchapter.
(b) The fund consists of:
(1) money transferred or deposited to the credit of
the fund by law;
(2) the proceeds of any fee or tax imposed by this
state that the legislature by statute dedicates for deposit to the
credit of the fund;
(3) any other revenue that the legislature by statute
dedicates for deposit to the credit of the fund; and
(4) interest earned on the balance of the fund.
Sec. 15.433. USE OF FUND. (a) The board may use money in
the fund only to provide financing for projects included in the
state water plan that are authorized under Subchapter Q or R of this
chapter, Subchapter E, Chapter 16, or Subchapter J or K, Chapter 17.
(b) Of the money from the fund used by the board in any state
fiscal biennium:
(1) not less than 10 percent must be used to finance
projects described by Subsection (a) that are designed to serve
rural areas; and
(2) not less than 10 percent must be used to finance
projects described by Subsection (a) for water conservation or
reuse.
(c) The board shall undertake to use money from the fund to
provide financing for projects described by Subsection (a) in each
regional water planning area in this state. The board shall
prioritize projects in each regional water planning area for
purposes of this subsection.
(d) The board may not use money in the fund or money
transferred from the fund to another fund or account to make a
grant.
Sec. 15.434. TRANSFERS TO OR FROM OTHER FUNDS OR ACCOUNTS.
(a) The board may direct the comptroller to transfer amounts from
the fund to the credit of:
(1) the water infrastructure fund to be used for the
purposes provided by Section 15.433 related to projects included in
the state water plan that are authorized under Subchapter Q;
(2) the rural water assistance fund to be used for the
purposes provided by Section 15.433 related to projects included in
the state water plan that are authorized under Subchapter R;
(3) the Texas Water Development Fund II state
participation account to be used for the purposes provided by
Section 15.433 related to projects included in the state water plan
that are authorized under Subchapter E, Chapter 16;
(4) the agricultural water conservation fund to be
used for the purposes provided by Section 15.433 related to
projects included in the state water plan that are authorized under
Subchapter J, Chapter 17; or
(5) the Texas Water Development Fund II economically
distressed areas program account to be used for the purposes
provided by Section 15.433 related to projects included in the
state water plan that are authorized under Subchapter K, Chapter
17.
(b) If the comptroller transfers an amount from the fund to
the credit of another fund or account as provided by this section,
the board may direct the comptroller to transfer an amount not to
exceed that amount from the other fund or account to the fund if
money is available in the other fund or account for that purpose.
Sec. 15.435. ADVISORY COMMITTEE. (a) The State Water
Implementation Fund for Texas Advisory Committee is composed of
nine members appointed as follows:
(1) three members appointed by the speaker of the
house of representatives;
(2) three members appointed by the lieutenant
governor; and
(3) three members appointed by the governor.
(b) The advisory committee shall submit recommendations to
the board regarding the use of money in the fund for use by the board
in adopting rules under Section 15.436. The board shall give
appropriate consideration to the recommendations of the advisory
committee before adopting rules under that section.
(c) The board shall provide information to the advisory
committee on request.
Sec. 15.436. RULES. (a) After consulting the advisory
committee, the board shall adopt rules providing for the use of
money in the fund consistent with this subchapter, including rules:
(1) establishing standards for the eligibility for
financing under Sections 15.433(a) and (b) of:
(A) projects designed to serve rural areas; and
(B) water conservation and reuse projects; and
(2) specifying the manner for prioritizing projects
for purposes of Section 15.433(c).
(b) Rules adopted under Subsection (a)(2) must provide for
giving a higher priority to projects that meet one or more of the
following criteria:
(1) the project will have a major effect across a
region; or
(2) the project will serve an area that is projected to
experience a high rate of population or economic growth.
SECTION 2.02. Section 15.973(b), Water Code, is amended to
read as follows:
(b) The fund consists of:
(1) appropriations from the legislature;
(2) any other fees or sources of revenue that the
legislature may dedicate for deposit to the fund;
(3) repayments of loans made from the fund;
(4) interest earned on money credited to the fund;
(5) depository interest allocable to the fund;
(6) money from gifts, grants, or donations to the
fund;
(7) money from revenue bonds or other sources
designated by the board; [and]
(8) proceeds from the sale of political subdivision
bonds or obligations held in the fund and not otherwise pledged to
the discharge, repayment, or redemption of revenue bonds or other
bonds, the proceeds of which were placed in the fund; and
(9) money transferred from the state water
implementation fund for Texas as authorized by Section 15.434.
SECTION 2.03. Section 15.993, Water Code, is amended to
read as follows:
Sec. 15.993. FUND. The rural water assistance fund is a
special fund in the state treasury. The fund consists of:
(1) money directly appropriated to the board for a
purpose of the fund;
(2) repayment of principal and interest from loans
made from the fund not otherwise needed as a source of revenue
pursuant to Section 17.9615(b);
(3) money transferred by the board from any sources
available;
(4) interest earned on the investment of money in the
fund and depository interest allocable to the fund;
(5) money transferred to the fund from the water
assistance fund in accordance with Section 15.011(b), including
proceeds from the sale of political subdivision bonds by the board
to the Texas Water Resources Finance Authority that are deposited
in the water assistance fund as provided by Section 17.0871;
(6) money from gifts, grants, or donations to the
fund;
(6-a) money transferred from the state water
implementation fund for Texas as authorized by Section 15.434; and
(7) any other fees or sources of revenue that the
legislature may dedicate for deposit to the fund.
SECTION 2.04. Section 17.895, Water Code, is amended to
read as follows:
Sec. 17.895. SOURCES OF ASSETS. The fund is composed of:
(1) money and assets, including bond proceeds,
attributable to the bonds;
(2) investment income earned on money on deposit in
the fund and depository interest earned on money on deposit in the
state treasury;
(3) money appropriated by the legislature;
(4) repayments of principal and interest on loans made
under this subchapter;
(5) administrative fees charged by the board under the
bond program;
(5-a) money transferred from the state water
implementation fund for Texas as authorized by Section 15.434; and
(6) any other funds, regardless of their source, that
the board directs be deposited to the credit of the fund.
SECTION 2.05. Section 17.957(b), Water Code, is amended to
read as follows:
(b) The state participation account is composed of:
(1) money and assets attributable to water financial
assistance bonds designated by the board as issued for projects
described in Section 16.131;
(2) money from the sale, transfer, or lease of a
project described in Subdivision (1) that was acquired,
constructed, reconstructed, developed, or enlarged with money from
the state participation account;
(3) payments received under a bond enhancement
agreement with respect to water financial assistance bonds
designated by the board as issued for projects described in Section
16.131;
(4) investment income earned on money on deposit in
the state participation account;
(4-a) money transferred from the state water
implementation fund for Texas as authorized by Section 15.434; and
(5) any other funds, regardless of their source, that
the board directs be deposited to the credit of the state
participation account.
SECTION 2.06. Section 17.958(b), Water Code, is amended to
read as follows:
(b) The economically distressed areas program account is
composed of:
(1) money and assets attributable to water financial
assistance bonds designated by the board as issued for projects
described in Subchapter K;
(2) money provided by the federal government, the
state, political subdivisions, and private entities for the purpose
of paying debt service on water financial assistance bonds issued
for purposes provided by Subchapter K;
(3) payments received under a bond enhancement
agreement with respect to water financial assistance bonds
designated by the board as issued for purposes provided by
Subchapter K;
(4) investment income earned on money on deposit in
the economically distressed areas program account;
(4-a) money transferred from the state water
implementation fund for Texas as authorized by Section 15.434; and
(5) any other funds, regardless of their source, that
the board directs be deposited to the credit of the economically
distressed areas program account.
SECTION 2.07. As soon as practicable after the effective
date of this Act, the speaker of the house of representatives, the
lieutenant governor, and the governor shall appoint the initial
members of the State Water Implementation Fund for Texas Advisory
Committee created under Section 15.435, Water Code, as added by
this Act.
SECTION 2.08. Not later than December 1, 2013, the Texas
Water Development Board shall adopt rules under Section 15.436,
Water Code, as added by this Act.
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. This Act takes effect September 1, 2013.