88R13543 JAM-D
By: LaMantia S.B. No. 2182
A BILL TO BE ENTITLED
AN ACT
relating to the provision of financial assistance from the flood
infrastructure fund for certain projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 15.531, Water Code, is amended by
amending Subdivisions (1) and (2) and adding Subdivision (1-a) to
read as follows:
(1) "Artificial drainage system" means a system to
remove floodwater in a community that lacks topographic relief,
slope, and naturally defined floodways.
(1-a) "Eligible political subdivision" means a
district or authority created under Section 52, Article III, or
Section 59, Article XVI, Texas Constitution, a municipality, or a
county.
(2) "Flood project" means a drainage, flood
mitigation, or flood control project, including:
(A) planning and design activities;
(B) work to obtain regulatory approval to provide
nonstructural and structural flood mitigation and drainage;
(C) construction of structural flood mitigation
and drainage infrastructure, including an artificial drainage
system; and
(D) construction and implementation of
nonstructural projects, including projects that use nature-based
features to protect, mitigate, or reduce flood risk.
SECTION 2. Subchapter I, Chapter 15, Water Code, is amended
by adding Section 15.5345 to read as follows:
Sec. 15.5345. PRIORITIZATION OF AND LOAN FORGIVENESS FOR
PROJECTS BY CERTAIN DISTRICTS OR AUTHORITIES. (a) This section
applies only to an eligible political subdivision that is a
district or authority created under Section 52, Article III, or
Section 59, Article XVI, Texas Constitution, and that:
(1) is located in a county located on the
international border; and
(2) has completed a hydrologic and hydraulic study for
the territory of the district or authority.
(b) The board by rule shall establish a program that:
(1) prioritizes the provision from the fund of grants
or no-interest loans to a district or authority for the
construction or improvement of an artificial drainage system; and
(2) provides loan forgiveness for a loan made under
Subdivision (1) for the construction of an artificial drainage
system.
(c) The board by rule shall adopt scoring criteria to
prioritize projects by a district or authority that are eligible
for financial assistance under this section. The criteria must
give priority to artificial drainage projects in areas with low or
moderate income that have a regional effect and who serve
communities for whom drainage problems have a demonstrated effect
on human health.
(d) Loan forgiveness described by Subsection (b)(2) may,
for a period not to exceed five years, annually forgive not less
than 10 percent or more than 20 percent of a loan made from the fund
under this section.
SECTION 3. Section 15.536, Water Code, is amended to read as
follows:
Sec. 15.536. APPROVAL OF APPLICATIONS. (a) On review and
recommendation by the executive administrator, the board may
approve an application only if the board finds that:
(1) the application and the assistance applied for
meet the requirements of this subchapter and board rules;
(2) the application demonstrates a sufficient level of
cooperation among eligible political subdivisions and includes all
of the eligible political subdivisions substantially affected by
the flood project; and
(3) the taxes or other revenue, or both the taxes and
other revenue, pledged by the applicant will be sufficient to meet
all the obligations assumed by the eligible political subdivision.
(b) Subsection (a)(3) does not apply to an application for a
loan to a district or authority under Section 15.5345.
SECTION 4. This Act takes effect September 1, 2023.