88R10900 JAM-D
By: Lopez of Cameron H.B. No. 4299
A BILL TO BE ENTITLED
AN ACT
relating to the provision of financial assistance by the Texas
Water Development Board for the development of certain projects in
economically distressed areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 17.927(b), Water Code, is amended to
read as follows:
(b) The application and plan must include:
(1) the name of the political subdivision and its
principal officers;
(2) a citation of the law under which the political
subdivision was created and operates;
(3) a project plan, prepared and certified by an
engineer registered to practice in this state, that must:
(A) describe the proposed planning, design, and
construction activities necessary to provide water supply and sewer
services that meet minimum state standards provided by board rules;
and
(B) identify the households to which the water
supply and sewer services will be provided;
(4) a budget that estimates the total cost of
providing water supply and sewer services to the economically
distressed area and a proposed schedule and method for repayment of
financial assistance consistent with board rules and guidelines;
(5) a description of the existing water supply and
sewer facilities located in the area to be served by the proposed
project, including a statement prepared and certified by an
engineer registered to practice in this state that the facilities
do not meet minimum state standards;
(6) documentation that the appropriate political
subdivision has adopted and enforces the model rules developed
under Section 16.343;
(7) information identifying the median household
income for:
(A) the census block of the area to be served by
the proposed project; and
(B) the entire service area of the political
subdivision that is the subject of the application;
(8) the total amount of assistance requested from the
economically distressed areas account; and
(9) the water conservation plan required by Section
16.4021.
SECTION 2. Section 17.929, Water Code, is amended by adding
Subsection (c) to read as follows:
(c) In making a finding under Subsection (b) regarding the
household income of the area to be served by a proposed project, the
board may consider:
(1) the census block of the area served; or
(2) the entire service area of the political
subdivision that is the subject of the application.
SECTION 3. Section 17.933(b), Water Code, is amended to
read as follows:
(b) In providing financial assistance to an applicant under
this subchapter, the board may not provide to the applicant
financial assistance for which repayment is not required in an
amount that exceeds 70 [50] percent of the total amount of the
financial assistance[, unless the board or the Department of State
Health Services determines that a nuisance dangerous to the public
health and safety exists resulting from water supply and sanitation
problems in the area to be served by the proposed project]. The
board may provide the repayable portion of financial assistance
from any financial assistance program for which the applicant is
eligible. The applicant shall provide to the board or the
Department of State Health Services information necessary to make a
determination, and the board and the Department of State Health
Services may enter into necessary memoranda of understanding to
carry out this subsection.
SECTION 4. The changes in law made by this Act apply only to
an application for financial assistance submitted to the Texas
Water Development Board on or after the effective date of this Act.
An application submitted before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2023.