| 1 | 1 | | By: Creighton S.B. No. 2524 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the requirements and procedures for use of the flood |
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| 7 | 7 | | infrastructure fund. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 15.535, Water Code, is amended by adding |
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| 10 | 10 | | Subsection (d) to read as follows: |
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| 11 | 11 | | (d) An eligible political subdivision may demonstrate |
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| 12 | 12 | | compliance with the requirements of subsection (a)(1), (2), and (3) |
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| 13 | 13 | | by providing written notice of the application, along with a copy of |
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| 14 | 14 | | the application, to all potentially affected political |
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| 15 | 15 | | subdivisions in the area. The notice must be provided at least 30 |
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| 16 | 16 | | days before submittal of the final application to the board and |
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| 17 | 17 | | include instructions for submittal of comments on the application. |
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| 18 | 18 | | All comments received in accordance with this subsection must be |
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| 19 | 19 | | included in the final application submitted to the board. |
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| 20 | 20 | | SECTION 2. Section 15.536, Water Code, is amended to read as |
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| 21 | 21 | | follows: |
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| 22 | 22 | | Sec. 15.536. APPROVAL OF APPLICATIONS. On review and |
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| 23 | 23 | | recommendation by the executive administrator, the board may |
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| 24 | 24 | | approve an application only if the board finds that: |
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| 25 | 25 | | (1) the application and the assistance applied for |
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| 26 | 26 | | meet the requirements of this subchapter and board rules; |
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| 27 | 27 | | (2) the application demonstrates compliance with this |
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| 28 | 28 | | subchapter [a sufficient level of cooperation among eligible |
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| 29 | 29 | | political subdivisions and includes all of the eligible political |
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| 30 | 30 | | subdivisions substantially affected by the flood project]; and |
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| 31 | 31 | | (3) the taxes or other revenue, or both the taxes and |
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| 32 | 32 | | other revenue, pledged by the applicant will be sufficient to meet |
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| 33 | 33 | | all the obligations assumed by the eligible political subdivision. |
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| 34 | 34 | | SECTION 3. Section 15.537, Water Code, is amended to read as |
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| 35 | 35 | | follows: |
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| 36 | 36 | | Sec. 15.537. RULES. (a) The board shall adopt rules |
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| 37 | 37 | | necessary to carry out this subchapter, including rules: |
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| 38 | 38 | | (1) that establish procedures for an application for |
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| 39 | 39 | | and for the award of financial assistance; |
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| 40 | 40 | | (2) for the investment of money; and |
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| 41 | 41 | | (3) for the administration of the infrastructure fund. |
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| 42 | 42 | | (b) The rules may not include a requirement to provide a |
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| 43 | 43 | | written agreement among political subdivisions or a benefit cost |
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| 44 | 44 | | analysis as a condition for approval of an application. |
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| 45 | 45 | | SECTION 4. The changes made by this Act apply only to an |
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| 46 | 46 | | application submitted on or after the effective date of this Act. |
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| 47 | 47 | | SECTION 5. This Act takes effect immediately if it receives |
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| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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| 51 | 51 | | Act takes effect September 1, 2023. |
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