| 1 | 1 | | 88R13543 JAM-D |
|---|
| 2 | 2 | | By: LaMantia S.B. No. 2182 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the provision of financial assistance from the flood |
|---|
| 8 | 8 | | infrastructure fund for certain projects. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 15.531, Water Code, is amended by |
|---|
| 11 | 11 | | amending Subdivisions (1) and (2) and adding Subdivision (1-a) to |
|---|
| 12 | 12 | | read as follows: |
|---|
| 13 | 13 | | (1) "Artificial drainage system" means a system to |
|---|
| 14 | 14 | | remove floodwater in a community that lacks topographic relief, |
|---|
| 15 | 15 | | slope, and naturally defined floodways. |
|---|
| 16 | 16 | | (1-a) "Eligible political subdivision" means a |
|---|
| 17 | 17 | | district or authority created under Section 52, Article III, or |
|---|
| 18 | 18 | | Section 59, Article XVI, Texas Constitution, a municipality, or a |
|---|
| 19 | 19 | | county. |
|---|
| 20 | 20 | | (2) "Flood project" means a drainage, flood |
|---|
| 21 | 21 | | mitigation, or flood control project, including: |
|---|
| 22 | 22 | | (A) planning and design activities; |
|---|
| 23 | 23 | | (B) work to obtain regulatory approval to provide |
|---|
| 24 | 24 | | nonstructural and structural flood mitigation and drainage; |
|---|
| 25 | 25 | | (C) construction of structural flood mitigation |
|---|
| 26 | 26 | | and drainage infrastructure, including an artificial drainage |
|---|
| 27 | 27 | | system; and |
|---|
| 28 | 28 | | (D) construction and implementation of |
|---|
| 29 | 29 | | nonstructural projects, including projects that use nature-based |
|---|
| 30 | 30 | | features to protect, mitigate, or reduce flood risk. |
|---|
| 31 | 31 | | SECTION 2. Subchapter I, Chapter 15, Water Code, is amended |
|---|
| 32 | 32 | | by adding Section 15.5345 to read as follows: |
|---|
| 33 | 33 | | Sec. 15.5345. PRIORITIZATION OF AND LOAN FORGIVENESS FOR |
|---|
| 34 | 34 | | PROJECTS BY CERTAIN DISTRICTS OR AUTHORITIES. (a) This section |
|---|
| 35 | 35 | | applies only to an eligible political subdivision that is a |
|---|
| 36 | 36 | | district or authority created under Section 52, Article III, or |
|---|
| 37 | 37 | | Section 59, Article XVI, Texas Constitution, and that: |
|---|
| 38 | 38 | | (1) is located in a county located on the |
|---|
| 39 | 39 | | international border; and |
|---|
| 40 | 40 | | (2) has completed a hydrologic and hydraulic study for |
|---|
| 41 | 41 | | the territory of the district or authority. |
|---|
| 42 | 42 | | (b) The board by rule shall establish a program that: |
|---|
| 43 | 43 | | (1) prioritizes the provision from the fund of grants |
|---|
| 44 | 44 | | or no-interest loans to a district or authority for the |
|---|
| 45 | 45 | | construction or improvement of an artificial drainage system; and |
|---|
| 46 | 46 | | (2) provides loan forgiveness for a loan made under |
|---|
| 47 | 47 | | Subdivision (1) for the construction of an artificial drainage |
|---|
| 48 | 48 | | system. |
|---|
| 49 | 49 | | (c) The board by rule shall adopt scoring criteria to |
|---|
| 50 | 50 | | prioritize projects by a district or authority that are eligible |
|---|
| 51 | 51 | | for financial assistance under this section. The criteria must |
|---|
| 52 | 52 | | give priority to artificial drainage projects in areas with low or |
|---|
| 53 | 53 | | moderate income that have a regional effect and who serve |
|---|
| 54 | 54 | | communities for whom drainage problems have a demonstrated effect |
|---|
| 55 | 55 | | on human health. |
|---|
| 56 | 56 | | (d) Loan forgiveness described by Subsection (b)(2) may, |
|---|
| 57 | 57 | | for a period not to exceed five years, annually forgive not less |
|---|
| 58 | 58 | | than 10 percent or more than 20 percent of a loan made from the fund |
|---|
| 59 | 59 | | under this section. |
|---|
| 60 | 60 | | SECTION 3. Section 15.536, Water Code, is amended to read as |
|---|
| 61 | 61 | | follows: |
|---|
| 62 | 62 | | Sec. 15.536. APPROVAL OF APPLICATIONS. (a) On review and |
|---|
| 63 | 63 | | recommendation by the executive administrator, the board may |
|---|
| 64 | 64 | | approve an application only if the board finds that: |
|---|
| 65 | 65 | | (1) the application and the assistance applied for |
|---|
| 66 | 66 | | meet the requirements of this subchapter and board rules; |
|---|
| 67 | 67 | | (2) the application demonstrates a sufficient level of |
|---|
| 68 | 68 | | cooperation among eligible political subdivisions and includes all |
|---|
| 69 | 69 | | of the eligible political subdivisions substantially affected by |
|---|
| 70 | 70 | | the flood project; and |
|---|
| 71 | 71 | | (3) the taxes or other revenue, or both the taxes and |
|---|
| 72 | 72 | | other revenue, pledged by the applicant will be sufficient to meet |
|---|
| 73 | 73 | | all the obligations assumed by the eligible political subdivision. |
|---|
| 74 | 74 | | (b) Subsection (a)(3) does not apply to an application for a |
|---|
| 75 | 75 | | loan to a district or authority under Section 15.5345. |
|---|
| 76 | 76 | | SECTION 4. This Act takes effect September 1, 2023. |
|---|