85R7356 SLB-D
By: Lucio III H.B. No. 2240
A BILL TO BE ENTITLED
AN ACT
relating to a requirement that certain recipients of financial
assistance from the Texas Water Development Board adopt certain
restrictions on water use by their customers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 15, Water Code, is amended
by adding Section 15.009 to read as follows:
Sec. 15.009. FINANCIAL ASSISTANCE; WATERING RESTRICTIONS.
(a) This section applies only to financial assistance provided
under this chapter:
(1) for a municipal water supply project;
(2) in an amount that exceeds $500,000; and
(3) to an entity that:
(A) is a:
(i) retail public utility as defined by
Section 13.002; and
(ii) public entity; and
(B) is not a:
(i) political subdivision that is primarily
a wholesale water provider; or
(ii) nonprofit water supply corporation
created and operating under Chapter 67.
(b) The board may waive the requirements of this section for
financial assistance sought to meet an emergency need.
(c) Financial assistance provided under this chapter shall
include conditions that require the recipient to have a water
conservation program in place that includes enforceable
time-of-day limitations on outdoor watering by its customers.
(d) The board shall:
(1) adopt rules to implement this section; and
(2) provide guidance to recipients of financial
assistance provided under this chapter in developing and
implementing programs that meet the requirements of this section
and rules adopted to implement this section.
SECTION 2. Subchapter B, Chapter 16, Water Code, is amended
by adding Section 16.025 to read as follows:
Sec. 16.025. FINANCIAL ASSISTANCE; WATERING RESTRICTIONS.
(a) This section applies only to financial assistance provided
under this chapter:
(1) for a municipal water supply project;
(2) in an amount that exceeds $500,000; and
(3) to an entity that:
(A) is a:
(i) retail public utility as defined by
Section 13.002; and
(ii) public entity; and
(B) is not a:
(i) political subdivision that is primarily
a wholesale water provider; or
(ii) nonprofit water supply corporation
created and operating under Chapter 67.
(b) The board may waive the requirements of this section for
financial assistance sought to meet an emergency need.
(c) Financial assistance provided under this chapter shall
include conditions that require the recipient to have a water
conservation program in place that includes enforceable
time-of-day limitations on outdoor watering by its customers.
(d) The board shall:
(1) adopt rules to implement this section; and
(2) provide guidance to recipients of financial
assistance provided under this chapter in developing and
implementing programs that meet the requirements of this section
and rules adopted to implement this section.
SECTION 3. Subchapter A, Chapter 17, Water Code, is amended
by adding Section 17.004 to read as follows:
Sec. 17.004. FINANCIAL ASSISTANCE; WATERING RESTRICTIONS.
(a) This section applies only to financial assistance provided
under this chapter:
(1) for a municipal water supply project;
(2) in an amount that exceeds $500,000; and
(3) to an entity that:
(A) is a:
(i) retail public utility as defined by
Section 13.002; and
(ii) public entity; and
(B) is not a:
(i) political subdivision that is primarily
a wholesale water provider; or
(ii) nonprofit water supply corporation
created and operating under Chapter 67.
(b) The board may waive the requirements of this section for
financial assistance sought to meet an emergency need.
(c) Financial assistance provided under this chapter shall
include conditions that require the recipient to have a water
conservation program in place that includes enforceable
time-of-day limitations on outdoor watering by its customers.
(d) The board shall:
(1) adopt rules to implement this section; and
(2) provide guidance to recipients of financial
assistance provided under this chapter in developing and
implementing programs that meet the requirements of this section
and rules adopted to implement this section.
SECTION 4. (a) As soon as practicable after the effective
date of this Act, the Texas Water Development Board shall adopt
rules under Sections 15.009, 16.025, and 17.004, Water Code, as
added by this Act.
(b) Sections 15.009, 16.025, and 17.004, Water Code, as
added by this Act, apply only to an application for financial
assistance submitted to the Texas Water Development Board on or
after the effective date of this Act. An application submitted
before the effective date of this Act is governed by the law in
effect immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2017.