| 1 | 1 | | 88R10900 JAM-D |
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| 2 | 2 | | By: Lopez of Cameron H.B. No. 4299 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the provision of financial assistance by the Texas |
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| 8 | 8 | | Water Development Board for the development of certain projects in |
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| 9 | 9 | | economically distressed areas. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 17.927(b), Water Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (b) The application and plan must include: |
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| 14 | 14 | | (1) the name of the political subdivision and its |
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| 15 | 15 | | principal officers; |
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| 16 | 16 | | (2) a citation of the law under which the political |
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| 17 | 17 | | subdivision was created and operates; |
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| 18 | 18 | | (3) a project plan, prepared and certified by an |
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| 19 | 19 | | engineer registered to practice in this state, that must: |
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| 20 | 20 | | (A) describe the proposed planning, design, and |
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| 21 | 21 | | construction activities necessary to provide water supply and sewer |
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| 22 | 22 | | services that meet minimum state standards provided by board rules; |
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| 23 | 23 | | and |
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| 24 | 24 | | (B) identify the households to which the water |
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| 25 | 25 | | supply and sewer services will be provided; |
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| 26 | 26 | | (4) a budget that estimates the total cost of |
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| 27 | 27 | | providing water supply and sewer services to the economically |
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| 28 | 28 | | distressed area and a proposed schedule and method for repayment of |
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| 29 | 29 | | financial assistance consistent with board rules and guidelines; |
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| 30 | 30 | | (5) a description of the existing water supply and |
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| 31 | 31 | | sewer facilities located in the area to be served by the proposed |
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| 32 | 32 | | project, including a statement prepared and certified by an |
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| 33 | 33 | | engineer registered to practice in this state that the facilities |
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| 34 | 34 | | do not meet minimum state standards; |
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| 35 | 35 | | (6) documentation that the appropriate political |
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| 36 | 36 | | subdivision has adopted and enforces the model rules developed |
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| 37 | 37 | | under Section 16.343; |
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| 38 | 38 | | (7) information identifying the median household |
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| 39 | 39 | | income for: |
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| 40 | 40 | | (A) the census block of the area to be served by |
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| 41 | 41 | | the proposed project; and |
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| 42 | 42 | | (B) the entire service area of the political |
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| 43 | 43 | | subdivision that is the subject of the application; |
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| 44 | 44 | | (8) the total amount of assistance requested from the |
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| 45 | 45 | | economically distressed areas account; and |
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| 46 | 46 | | (9) the water conservation plan required by Section |
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| 47 | 47 | | 16.4021. |
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| 48 | 48 | | SECTION 2. Section 17.929, Water Code, is amended by adding |
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| 49 | 49 | | Subsection (c) to read as follows: |
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| 50 | 50 | | (c) In making a finding under Subsection (b) regarding the |
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| 51 | 51 | | household income of the area to be served by a proposed project, the |
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| 52 | 52 | | board may consider: |
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| 53 | 53 | | (1) the census block of the area served; or |
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| 54 | 54 | | (2) the entire service area of the political |
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| 55 | 55 | | subdivision that is the subject of the application. |
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| 56 | 56 | | SECTION 3. Section 17.933(b), Water Code, is amended to |
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| 57 | 57 | | read as follows: |
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| 58 | 58 | | (b) In providing financial assistance to an applicant under |
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| 59 | 59 | | this subchapter, the board may not provide to the applicant |
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| 60 | 60 | | financial assistance for which repayment is not required in an |
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| 61 | 61 | | amount that exceeds 70 [50] percent of the total amount of the |
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| 62 | 62 | | financial assistance[, unless the board or the Department of State |
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| 63 | 63 | | Health Services determines that a nuisance dangerous to the public |
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| 64 | 64 | | health and safety exists resulting from water supply and sanitation |
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| 65 | 65 | | problems in the area to be served by the proposed project]. The |
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| 66 | 66 | | board may provide the repayable portion of financial assistance |
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| 67 | 67 | | from any financial assistance program for which the applicant is |
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| 68 | 68 | | eligible. The applicant shall provide to the board or the |
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| 69 | 69 | | Department of State Health Services information necessary to make a |
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| 70 | 70 | | determination, and the board and the Department of State Health |
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| 71 | 71 | | Services may enter into necessary memoranda of understanding to |
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| 72 | 72 | | carry out this subsection. |
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| 73 | 73 | | SECTION 4. The changes in law made by this Act apply only to |
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| 74 | 74 | | an application for financial assistance submitted to the Texas |
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| 75 | 75 | | Water Development Board on or after the effective date of this Act. |
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| 76 | 76 | | An application submitted before the effective date of this Act is |
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| 77 | 77 | | governed by the law in effect immediately before the effective date |
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| 78 | 78 | | of this Act, and the former law is continued in effect for that |
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| 79 | 79 | | purpose. |
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| 80 | 80 | | SECTION 5. This Act takes effect September 1, 2023. |
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