Texas 2023 - 88th Regular

Texas House Bill HB3582 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3582
2	2
3	3
4	4	AN ACT
5	5	relating to the composition and use of money in the flood
6	6	infrastructure fund.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 15.001, Water Code, is amended by adding
9	9	Subdivision (14) to read as follows:
10	10	(14) "Rural political subdivision" means:
11	11	(A) a nonprofit water supply or sewer service
12	12	corporation created and operating under Chapter 67 of this code or a
13	13	district or authority created under Section 52, Article III, or
14	14	Section 59, Article XVI, Texas Constitution, no part of the service
15	15	area of which is located in an urban area with a population of more
16	16	than 50,000;
17	17	(B) a municipality:
18	18	(i) with a population of 10,000 or less no
19	19	part of the service area of which is located in an urban area with a
20	20	population of 50,000 or more; or
21	21	(ii) located wholly in a county in which no
22	22	urban area has a population of more than 50,000;
23	23	(C) a county in which no urban area has a
24	24	population of more than 50,000; or
25	25	(D) an entity that:
26	26	(i) is a nonprofit water supply or sewer
27	27	service corporation created and operating under Chapter 67 of this
28	28	code, a district or authority created under Section 52, Article
29	29	III, or Section 59, Article XVI, Texas Constitution, municipality,
30	30	county, or other political subdivision of the state, or an
31	31	interstate compact commission to which the state is a party; and
32	32	(ii) demonstrates in a manner satisfactory
33	33	to the board that the entity is rural or the area to be served by the
34	34	project is a wholly rural area despite not otherwise qualifying
35	35	under Paragraph (A), (B), or (C).
36	36	SECTION 2. Section 15.534, Water Code, is amended by
37	37	amending Subsection (a) and adding Subsections (c) and (d) to read
38	38	as follows:
39	39	(a) The board may use the infrastructure fund only:
40	40	(1) to make a loan to an eligible political
41	41	subdivision at or below market interest rates for a flood project;
42	42	(2) to make a grant or loan at or below market interest
43	43	rates to an eligible political subdivision for a flood project to
44	44	serve a rural political subdivision [an area outside of a
45	45	metropolitan statistical area] in order to ensure that the flood
46	46	project is implemented;
47	47	(3) to make a loan at or below market interest rates
48	48	for planning and design costs, permitting costs, and other costs
49	49	associated with state or federal regulatory activities with respect
50	50	to a flood project;
51	51	(4) to make a grant to an eligible political
52	52	subdivision to provide matching funds to enable the eligible
53	53	political subdivision to participate in a federal program for a
54	54	flood project;
55	55	(5) to make a grant to an eligible political
56	56	subdivision for a flood project if the board determines that the
57	57	eligible political subdivision does not have the ability to repay a
58	58	loan;
59	59	(6) as a source of revenue or security for the payment
60	60	of principal and interest on bonds issued by the board if the
61	61	proceeds of the sale of the bonds will be deposited in the
62	62	infrastructure fund;
63	63	(7) to pay the necessary and reasonable expenses of
64	64	the board in administering the infrastructure fund; and
65	65	(8) to make transfers to the research and planning
66	66	fund created under Section 15.402 [of this chapter].
67	67	(c) Except as provided by Subsections (a)(6)-(8), after the
68	68	adoption of the initial state flood plan, the board may use the
69	69	infrastructure fund to provide financing only for flood projects
70	70	included in the state flood plan.
71	71	(d) Money from the infrastructure fund may be awarded to
72	72	several eligible political subdivisions for a single flood project.
73	73	SECTION 3. Section 16.454(j), Water Code, is amended to
74	74	read as follows:
75	75	(j) This section expires September 1, 2031. The remaining
76	76	balance of the account on that date is transferred to the flood
77	77	infrastructure fund [plan implementation account].
78	78	SECTION 4. (a) The following provisions of the Water Code
79	79	are repealed:
80	80	(1) Section 15.531(4);
81	81	(2) Section 15.5341;
82	82	(3) Section 15.992(4); and
83	83	(4) Section 16.4545.
84	84	(b) The following provisions of Chapter 947 (S.B. 7), Acts
85	85	of the 86th Legislature, Regular Session, 2019, are repealed:
86	86	(1) Section 2.03; and
87	87	(2) Section 3.06.
88	88	SECTION 5. This Act takes effect September 1, 2023.
89	89	______________________________ ______________________________
90	90	President of the Senate Speaker of the House
91	91	I certify that H.B. No. 3582 was passed by the House on April
92	92	14, 2023, by the following vote: Yeas 140, Nays 3, 2 present, not
93	93	voting.
94	94	______________________________
95	95	Chief Clerk of the House
96	96	I certify that H.B. No. 3582 was passed by the Senate on May
97	97	17, 2023, by the following vote: Yeas 31, Nays 0.
98	98	______________________________
99	99	Secretary of the Senate
100	100	APPROVED: _____________________
101	101	Date
102	102	_____________________
103	103	Governor