Texas 2021 - 87th Regular

Texas House Bill HB1905 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1905
	1	+	By: Harris (Senate Sponsor - Taylor) H.B. No. 1905
	2	+	(In the Senate - Received from the House April 19, 2021;
	3	+	April 20, 2021, read first time and referred to Committee on Water,
	4	+	Agriculture & Rural Affairs; May 4, 2021, reported favorably by the
	5	+	following vote: Yeas 7, Nays 0; May 4, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to relieving regional water planning groups of certain
6	12		duties.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 15.435(g), Water Code, is amended to
9	15		read as follows:
10	16		(g) The board may not direct the trust company to enter into
11	17		a bond enhancement agreement with respect to bonds issued by the
12	18		board the proceeds of which may be used to provide financial
13	19		assistance to an applicant if at the time of the request the
14	20		applicant has failed to[:
15	21		[(1)] provide information regarding a water
16	22		conservation plan in accordance with Section 16.4021[; or
17	23		[(2) satisfactorily complete a request by the
18	24		executive administrator or a regional water planning group for
19	25		information relevant to the project for which the financial
20	26		assistance is sought, including a water infrastructure financing
21	27		survey under Section 16.053(q)].
22	28		SECTION 2. Section 15.437(d), Water Code, is amended to
23	29		read as follows:
24	30		(d) In addition to the criteria provided by Subsection (c),
25	31		the board must also consider at least the following criteria in
26	32		prioritizing projects:
27	33		(1) the local contribution to be made to finance the
28	34		project, including the up-front capital to be provided by the
29	35		applicant;
30	36		(2) the financial capacity of the applicant to repay
31	37		the financial assistance provided;
32	38		(3) the ability of the board and the applicant to
33	39		timely leverage state financing with local and federal funding;
34	40		(4) whether there is an emergency need for the
35	41		project, taking into consideration whether:
36	42		(A) the applicant is included at the time of the
37	43		application on the list maintained by the commission of local
38	44		public water systems that have a water supply that will last less
39	45		than 180 days without additional rainfall; and
40	46		(B) federal funding for which the project is
41	47		eligible has been used or sought;
42	48		(5) if the applicant is applying for financial
43	49		assistance for the project under Subchapter Q, whether the
44	50		applicant is ready to proceed with the project at the time of the
45	51		application, including whether:
46	52		(A) all preliminary planning and design work
47	53		associated with the project has been completed;
48	54		(B) the applicant has acquired the water rights
49	55		associated with the project;
50	56		(C) the applicant has secured funding for the
51	57		project from other sources; and
52	58		(D) the applicant is able to begin implementing
53	59		or constructing the project; and
54	60		(6) the demonstrated or projected effect of the
55	61		project on water conservation, including preventing the loss of
56	62		water, taking into consideration, if applicable, whether the
57	63		applicant has filed a water audit with the board under Section
58	64		16.0121 that demonstrates that the applicant is accountable with
59	65		regard to reducing water loss and increasing efficiency in the
60	66		distribution of water[; and
61	67		[(7) the priority given the project by the applicable
62	68		regional water planning group under Section 15.436].
63	69		SECTION 3. Section 15.438(g), Water Code, is amended to
64	70		read as follows:
65	71		(g) The advisory committee shall submit comments and
66	72		recommendations to the board regarding the use of money in the fund
67	73		for use by the board in adopting rules under Section 15.439 and in
68	74		adopting policies and procedures under Section 15.441. The
69	75		submission must include:
70	76		(1) comments and recommendations on rulemaking
71	77		related to the prioritization of projects in regional water plans
72	78		and the state water plan in accordance with Section [Sections
73	79		15.436 and] 15.437;
74	80		(2) comments and recommendations on rulemaking
75	81		related to establishing standards for determining whether projects
76	82		meet the criteria provided by Section 15.434(b);
77	83		(3) an evaluation of the available programs for
78	84		providing financing for projects included in the state water plan
79	85		and guidelines for implementing those programs, including
80	86		guidelines for providing financing for projects included in the
81	87		state water plan that are authorized under Subchapter Q or R of this
82	88		chapter, Subchapter E or F, Chapter 16, or Subchapter J, Chapter 17;
83	89		(4) an evaluation of the lending practices of the
84	90		board and guidelines for lending standards;
85	91		(5) an evaluation of the use of funds by the board to
86	92		provide support for financial assistance for water projects,
87	93		including support for the purposes described by Section 15.435(c);
88	94		(6) an evaluation of whether premium financing
89	95		programs should be established within the funds described by
90	96		Section 15.435 to serve the purposes of this subchapter, especially
91	97		in connection with projects described by Section 15.434(b);
92	98		(7) an evaluation of methods for encouraging
93	99		participation in the procurement process by companies domiciled in
94	100		this state or that employ a significant number of residents of this
95	101		state; and
96	102		(8) an evaluation of the overall operation, function,
97	103		and structure of the fund.
98	104		SECTION 4. Section 15.439(a), Water Code, is amended to
99	105		read as follows:
100	106		(a) The board shall adopt rules providing for the use of
101	107		money in the fund that are consistent with this subchapter,
102	108		including rules:
103	109		(1) establishing standards for determining whether
104	110		projects meet the criteria provided by Section 15.434(b); and
105	111		(2) specifying the manner for prioritizing projects
106	112		for purposes of Section [Sections 15.436 and] 15.437.
107	113		SECTION 5. Section 15.912(b), Water Code, is amended to
108	114		read as follows:
109	115		(b) The board may not accept an application for a loan or
110	116		grant of financial assistance from the fund for a project
111	117		recommended through the state and regional water planning processes
112	118		under Sections 16.051 and 16.053 if the applicant has failed to
113	119		satisfactorily complete a request by the executive administrator or
114	120		a regional planning group for information relevant to the project[,
115	121		including a water infrastructure financing survey under Section
116	122		16.053(q)].
117	123		SECTION 6. Section 15.975(d), Water Code, is amended to
118	124		read as follows:
119	125		(d) The board may not approve an application if the
120	126		applicant has failed to satisfactorily complete a request by the
121	127		executive administrator or a regional planning group for
122	128		information relevant to the project[, including a water
123	129		infrastructure financing survey under Section 16.053(q)].
124	130		SECTION 7. Section 16.131(b), Water Code, is amended to
125	131		read as follows:
126	132		(b) The board may not use the state participation account of
127	133		the development fund to finance a project recommended through the
128	134		state and regional water planning processes under Sections 16.051
129	135		and 16.053 if the applicant has failed to satisfactorily complete a
130	136		request by the executive administrator or a regional planning group
131	137		for information relevant to the project[, including a water
132	138		infrastructure financing survey under Section 16.053(q)].
133	139		SECTION 8. Sections 15.436 and 16.053(q), Water Code, are
134	140		repealed.
135	141		SECTION 9. This Act takes effect September 1, 2021.
136		-	______________________________ ______________________________
137		-	President of the Senate Speaker of the House
138		-	I certify that H.B. No. 1905 was passed by the House on April
139		-	16, 2021, by the following vote: Yeas 143, Nays 2, 2 present, not
140		-	voting.
141		-	______________________________
142		-	Chief Clerk of the House
143		-	I certify that H.B. No. 1905 was passed by the Senate on May
144		-	10, 2021, by the following vote: Yeas 30, Nays 0.
145		-	______________________________
146		-	Secretary of the Senate
147		-	APPROVED: _____________________
148		-	Date
149		-	_____________________
150		-	Governor
	142	+	* * * * *