Texas 2017 - 85th Regular

Texas House Bill HB2240 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R7356 SLB-D
2	2	By: Lucio III H.B. No. 2240
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a requirement that certain recipients of financial
8	8	assistance from the Texas Water Development Board adopt certain
9	9	restrictions on water use by their customers.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 15, Water Code, is amended
12	12	by adding Section 15.009 to read as follows:
13	13	Sec. 15.009. FINANCIAL ASSISTANCE; WATERING RESTRICTIONS.
14	14	(a) This section applies only to financial assistance provided
15	15	under this chapter:
16	16	(1) for a municipal water supply project;
17	17	(2) in an amount that exceeds $500,000; and
18	18	(3) to an entity that:
19	19	(A) is a:
20	20	(i) retail public utility as defined by
21	21	Section 13.002; and
22	22	(ii) public entity; and
23	23	(B) is not a:
24	24	(i) political subdivision that is primarily
25	25	a wholesale water provider; or
26	26	(ii) nonprofit water supply corporation
27	27	created and operating under Chapter 67.
28	28	(b) The board may waive the requirements of this section for
29	29	financial assistance sought to meet an emergency need.
30	30	(c) Financial assistance provided under this chapter shall
31	31	include conditions that require the recipient to have a water
32	32	conservation program in place that includes enforceable
33	33	time-of-day limitations on outdoor watering by its customers.
34	34	(d) The board shall:
35	35	(1) adopt rules to implement this section; and
36	36	(2) provide guidance to recipients of financial
37	37	assistance provided under this chapter in developing and
38	38	implementing programs that meet the requirements of this section
39	39	and rules adopted to implement this section.
40	40	SECTION 2. Subchapter B, Chapter 16, Water Code, is amended
41	41	by adding Section 16.025 to read as follows:
42	42	Sec. 16.025. FINANCIAL ASSISTANCE; WATERING RESTRICTIONS.
43	43	(a) This section applies only to financial assistance provided
44	44	under this chapter:
45	45	(1) for a municipal water supply project;
46	46	(2) in an amount that exceeds $500,000; and
47	47	(3) to an entity that:
48	48	(A) is a:
49	49	(i) retail public utility as defined by
50	50	Section 13.002; and
51	51	(ii) public entity; and
52	52	(B) is not a:
53	53	(i) political subdivision that is primarily
54	54	a wholesale water provider; or
55	55	(ii) nonprofit water supply corporation
56	56	created and operating under Chapter 67.
57	57	(b) The board may waive the requirements of this section for
58	58	financial assistance sought to meet an emergency need.
59	59	(c) Financial assistance provided under this chapter shall
60	60	include conditions that require the recipient to have a water
61	61	conservation program in place that includes enforceable
62	62	time-of-day limitations on outdoor watering by its customers.
63	63	(d) The board shall:
64	64	(1) adopt rules to implement this section; and
65	65	(2) provide guidance to recipients of financial
66	66	assistance provided under this chapter in developing and
67	67	implementing programs that meet the requirements of this section
68	68	and rules adopted to implement this section.
69	69	SECTION 3. Subchapter A, Chapter 17, Water Code, is amended
70	70	by adding Section 17.004 to read as follows:
71	71	Sec. 17.004. FINANCIAL ASSISTANCE; WATERING RESTRICTIONS.
72	72	(a) This section applies only to financial assistance provided
73	73	under this chapter:
74	74	(1) for a municipal water supply project;
75	75	(2) in an amount that exceeds $500,000; and
76	76	(3) to an entity that:
77	77	(A) is a:
78	78	(i) retail public utility as defined by
79	79	Section 13.002; and
80	80	(ii) public entity; and
81	81	(B) is not a:
82	82	(i) political subdivision that is primarily
83	83	a wholesale water provider; or
84	84	(ii) nonprofit water supply corporation
85	85	created and operating under Chapter 67.
86	86	(b) The board may waive the requirements of this section for
87	87	financial assistance sought to meet an emergency need.
88	88	(c) Financial assistance provided under this chapter shall
89	89	include conditions that require the recipient to have a water
90	90	conservation program in place that includes enforceable
91	91	time-of-day limitations on outdoor watering by its customers.
92	92	(d) The board shall:
93	93	(1) adopt rules to implement this section; and
94	94	(2) provide guidance to recipients of financial
95	95	assistance provided under this chapter in developing and
96	96	implementing programs that meet the requirements of this section
97	97	and rules adopted to implement this section.
98	98	SECTION 4. (a) As soon as practicable after the effective
99	99	date of this Act, the Texas Water Development Board shall adopt
100	100	rules under Sections 15.009, 16.025, and 17.004, Water Code, as
101	101	added by this Act.
102	102	(b) Sections 15.009, 16.025, and 17.004, Water Code, as
103	103	added by this Act, apply only to an application for financial
104	104	assistance submitted to the Texas Water Development Board on or
105	105	after the effective date of this Act. An application submitted
106	106	before the effective date of this Act is governed by the law in
107	107	effect immediately before the effective date of this Act, and the
108	108	former law is continued in effect for that purpose.
109	109	SECTION 5. This Act takes effect September 1, 2017.