Texas 2017 - 85th Regular

Texas Senate Bill SB1775 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Hinojosa S.B. No. 1775
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the authority of the Texas Water Development Board to
7	7	use the state participation account of the water development fund
8	8	to provide financial assistance for the development of certain
9	9	facilities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter E, Chapter 16, Water Code, is amended
12	12	by adding Section 16.145 to read as follows:
13	13	Sec. 16.145. DESALINATION OR AQUIFER STORAGE AND RECOVERY
14	14	FACILITY. (a) In addition to using the account for the purposes
15	15	described by Section 16.131, the board may use the state
16	16	participation account of the development fund to provide financial
17	17	assistance for the development of desalination or aquifer storage
18	18	and recovery facilities, including associated intake or
19	19	distribution facilities, by acquiring facilities or an ownership
20	20	interest in facilities, to meet existing or projected future water
21	21	needs.
22	22	(b) The board may act singly or in a joint venture in
23	23	partnership with any person or entity, including any public or
24	24	private entity, agency or political subdivision of this state, or
25	25	with another state or its political subdivisions, or with the
26	26	United States, or with a foreign nation, to the extent permitted by
27	27	law.
28	28	(c) Section 16.135 does not apply to the use of the state
29	29	participation account to acquire a facility or an interest in a
30	30	facility described by Subsection (a).
31	31	(d) Before the board may acquire a facility or an interest
32	32	in a facility described by Subsection (a), the board must find
33	33	affirmatively that:
34	34	(1) it is reasonable to expect that the state will
35	35	recover its investment in the facility; and
36	36	(2) the public interest will be served by the
37	37	acquisition of the facility.
38	38	(e) The board may not provide financial assistance under
39	39	this section for a facility unless the facility is included in the
40	40	state water plan.
41	41	(f) The board shall establish a point system for
42	42	prioritizing facilities for which financial assistance is sought
43	43	from the board under this section. The system must include a
44	44	standard for the board to apply in determining whether a facility
45	45	qualifies for financial assistance at the time the application for
46	46	financial assistance is filed with the board.
47	47	(g) The board may not issue more than $200 million in water
48	48	financial assistance bonds designated by the board as issued to
49	49	provide financial assistance for facilities under this section.
50	50	(h) If the board does not provide financial assistance for a
51	51	facility under this section before September 1, 2022, the board may
52	52	not provide financial assistance for any facility under this
53	53	section after that date.
54	54	SECTION 2. Section 16.182, Water Code, is amended to read as
55	55	follows:
56	56	Sec. 16.182. PERMIT REQUIRED. (a) Before the board grants
57	57	the application to buy, receive, or lease the facilities, the
58	58	applicant shall first secure a permit for water use from the
59	59	commission. If the facilities are to be leased, the permit may be
60	60	for a term of years.
61	61	(b) The board may assist the applicant with securing a
62	62	permit for a facility described by Section 16.145.
63	63	SECTION 3. Sections 17.957(b) and (c), Water Code, are
64	64	amended to read as follows:
65	65	(b) The state participation account is composed of:
66	66	(1) money and assets attributable to water financial
67	67	assistance bonds designated by the board as issued for projects
68	68	described in Sections [Section] 16.131 and 16.145;
69	69	(2) money from the sale, transfer, or lease of a
70	70	project described in Subdivision (1) that was acquired,
71	71	constructed, reconstructed, developed, or enlarged with money from
72	72	the state participation account;
73	73	(3) payments received under a bond enhancement
74	74	agreement with respect to water financial assistance bonds
75	75	designated by the board as issued for projects described in
76	76	Sections [Section] 16.131 and 16.145;
77	77	(4) investment income earned on money on deposit in
78	78	the state participation account;
79	79	(5) money disbursed to the fund from the state water
80	80	implementation fund for Texas as authorized by Section 15.434; and
81	81	(6) any other funds, regardless of their source, that
82	82	the board directs be deposited to the credit of the state
83	83	participation account.
84	84	(c) Money on deposit in the state participation account may
85	85	be used by the board for projects described in Sections [Section]
86	86	16.131 and 16.145 in the manner that the board determines necessary
87	87	for the administration of the fund. Money on deposit in the state
88	88	participation account described in Sections 16.131 will be kept in
89	89	a different subaccount from the money on deposit described in
90	90	Section 16.145. The subaccount containing the money on deposit
91	91	described in Section 16.145 shall be known as the State
92	92	Participation Account II. The board at its discretion may move
93	93	money between subaccounts within the State Participation
94	94	subaccounts.
95	95	SECTION 4. This Act takes effect September 1, 2017.