Texas 2017 - 85th Regular

Texas House Bill HB3987 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3987
	1	+	By: Larson, Workman (Senate Sponsor - Hinojosa) H.B. No. 3987
	2	+	(In the Senate - Received from the House May 3, 2017;
	3	+	May 12, 2017, read first time and referred to Committee on
	4	+	Agriculture, Water & Rural Affairs; May 18, 2017, reported
	5	+	favorably by the following vote: Yeas 5, Nays 0; May 18, 2017, sent
	6	+	to printer.)
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the authority of the Texas Water Development Board to
6	12		use the state participation account of the water development fund
7	13		to provide financial assistance for the development of certain
8	14		facilities.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. This Act may be cited as the Texas State Water
11	17		Investment Fund Act.
12	18		SECTION 2. The heading to Section 16.131, Water Code, is
13	19		amended to read as follows:
14	20		Sec. 16.131. AUTHORIZED PROJECTS FOR STATE PARTICIPATION
15	21		ACCOUNT.
16	22		SECTION 3. Subchapter E, Chapter 16, Water Code, is amended
17	23		by adding Section 16.145 to read as follows:
18	24		Sec. 16.145. AUTHORIZED PROJECTS FOR STATE PARTICIPATION
19	25		ACCOUNT II. (a) The board may use the state participation account
20	26		II created under Section 17.957 to provide financial assistance for
21	27		the development of a desalination or aquifer storage and recovery
22	28		facility, including associated intake or distribution facilities,
23	29		to meet existing or projected future water needs by acquiring such a
24	30		facility or an ownership interest in such a facility.
25	31		(b) The board may act singly or in a joint venture in
26	32		partnership with any person, including a public or private entity,
27	33		an agency or political subdivision of this state, another state or a
28	34		political subdivision of another state, the United States, or a
29	35		foreign nation, to the extent permitted by law. The board may
30	36		provide financial assistance under this section for a facility
31	37		without regard to any requirements provided by board rules
32	38		regarding the portion of the capacity of the facility that will
33	39		serve an existing need or the portion of the cost of the facility
34	40		that the applicant will finance from sources other than the state
35	41		participation account II.
36	42		(c) Section 16.135 does not apply to the use of the state
37	43		participation account II to develop a facility described by
38	44		Subsection (a) by acquiring the facility or an interest in the
39	45		facility.
40	46		(d) Before the board may acquire a facility or an interest
41	47		in a facility described by Subsection (a), the board must find
42	48		affirmatively that:
43	49		(1) it is reasonable to expect that the state will
44	50		recover its investment in the facility; and
45	51		(2) the public interest will be served by the
46	52		acquisition of the facility.
47	53		(e) The board may not provide financial assistance under
48	54		this section for a facility unless the facility is included in the
49	55		state water plan.
50	56		(f) The board shall establish a point system for
51	57		prioritizing facilities for which financial assistance is sought
52	58		from the board under this section. The system must include a
53	59		standard for the board to apply in determining whether a facility
54	60		qualifies for financial assistance at the time the application for
55	61		financial assistance is filed with the board.
56	62		(g) The board may not issue more than $200 million in water
57	63		financial assistance bonds designated by the board as issued to
58	64		provide financial assistance for facilities under this section.
59	65		(h) If the board does not provide financial assistance for a
60	66		facility from the state participation account II before September
61	67		1, 2022, the board may not provide financial assistance for any
62	68		facility from that account after that date.
63	69		SECTION 4. Section 16.182, Water Code, is amended to read as
64	70		follows:
65	71		Sec. 16.182. PERMITS [PERMIT] REQUIRED. (a) Before the
66	72		board grants the application to buy, receive, or lease the
67	73		facilities, the applicant shall first secure all appropriate
68	74		permits [a permit for water use] from the commission. If the
69	75		facilities are to be leased, a [the] permit may be for a term of
70	76		years.
71	77		(b) The board may assist the applicant with securing permits
72	78		for a facility described by Section 16.145.
73	79		SECTION 5. Section 17.957, Water Code, is amended by
74	80		amending Subsections (b) and (c) and adding Subsection (c-1) to
75	81		read as follows:
76	82		(b) The state participation account is composed of:
77	83		(1) money and assets attributable to water financial
78	84		assistance bonds designated by the board as issued for projects
79	85		described in Sections [Section] 16.131 and 16.145;
80	86		(2) money from the sale, transfer, or lease of a
81	87		project described in Subdivision (1) that was acquired,
82	88		constructed, reconstructed, developed, or enlarged with money from
83	89		the state participation account;
84	90		(3) payments received under a bond enhancement
85	91		agreement with respect to water financial assistance bonds
86	92		designated by the board as issued for projects described in
87	93		Sections [Section] 16.131 and 16.145;
88	94		(4) investment income earned on money on deposit in
89	95		the state participation account;
90	96		(5) money disbursed to the fund from the state water
91	97		implementation fund for Texas as authorized by Section 15.434; and
92	98		(6) any other funds, regardless of their source, that
93	99		the board directs be deposited to the credit of the state
94	100		participation account.
95	101		(c) Money on deposit in the state participation account may
96	102		be used by the board for projects described in Sections [Section]
97	103		16.131 and 16.145 in the manner that the board determines necessary
98	104		for the administration of the fund.
99	105		(c-1) The comptroller shall establish a subaccount in the
100	106		state participation account to be known as the state participation
101	107		account II. The board may credit to the subaccount money in the
102	108		state participation account allocated by the board for the purposes
103	109		of Section 16.145. The board may transfer money from the subaccount
104	110		to the state participation account if the board determines the
105	111		money is needed for the purposes of Section 16.131.
106	112		SECTION 6. This Act takes effect September 1, 2017.
107		-	______________________________ ______________________________
108		-	President of the Senate Speaker of the House
109		-	I certify that H.B. No. 3987 was passed by the House on May 2,
110		-	2017, by the following vote: Yeas 145, Nays 0, 1 present, not
111		-	voting.
112		-	______________________________
113		-	Chief Clerk of the House
114		-	I certify that H.B. No. 3987 was passed by the Senate on May
115		-	24, 2017, by the following vote: Yeas 31, Nays 0.
116		-	______________________________
117		-	Secretary of the Senate
118		-	APPROVED: _____________________
119		-	Date
120		-	_____________________
121		-	Governor
	113	+	* * * * *