4 | 3 | | |
---|
5 | 4 | | |
---|
6 | 5 | | A BILL TO BE ENTITLED |
---|
7 | 6 | | AN ACT |
---|
8 | 7 | | relating to creation of the groundwater science, research, and |
---|
9 | 8 | | innovation fund to be administered by the Texas Water Development |
---|
10 | 9 | | Board. |
---|
11 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
12 | 11 | | SECTION 1. Chapter 15, Water Code, is amended by adding |
---|
13 | 12 | | Subchapter F-1 to read as follows: |
---|
14 | 13 | | SUBCHAPTER F-1. GROUNDWATER SCIENCE, RESEARCH, AND INNOVATION FUND |
---|
15 | 14 | | Sec. 15.421. DEFINITIONS. In this subchapter: |
---|
16 | 15 | | (1) "District" means a groundwater conservation |
---|
17 | 16 | | district created under Section 52, Article III, or Section 59, |
---|
18 | 17 | | Article XVI, Texas Constitution, that has the authority to regulate |
---|
19 | 18 | | the spacing of wells producing from groundwater reservoirs in the |
---|
20 | 19 | | district and regulate the production from those wells. |
---|
21 | 20 | | (2) "Fund" means the groundwater science, research, |
---|
22 | 21 | | and innovation fund. |
---|
23 | 22 | | Sec. 15.422. GROUNDWATER SCIENCE, RESEARCH, AND INNOVATION |
---|
24 | 23 | | FUND. (a) The groundwater science, research, and innovation fund |
---|
25 | 24 | | is a special fund in the state treasury to be administered by the |
---|
26 | 25 | | board under this subchapter and rules adopted by the board under |
---|
27 | 26 | | this subchapter. |
---|
28 | 27 | | (b) The fund consists of: |
---|
29 | 28 | | (1) money appropriated for transfer or deposit to the |
---|
30 | 29 | | credit of the fund; |
---|
31 | 30 | | (2) money the board transfers to the fund from any |
---|
32 | 31 | | available source; |
---|
33 | 32 | | (3) depository interest allocable to the fund and |
---|
34 | 33 | | other investment returns on money in the fund; |
---|
35 | 34 | | (4) money from gifts, grants, or donations to the |
---|
36 | 35 | | fund; and |
---|
37 | 36 | | (5) any other fees or sources of revenue that the |
---|
38 | 37 | | legislature may dedicate for deposit to the fund. |
---|
39 | 38 | | Sec. 15.423. USE OF FUND. (a) The board may use the fund |
---|
40 | 39 | | only to provide financial assistance in the form of grants to |
---|
41 | 40 | | finance district programs and projects that will further |
---|
42 | 41 | | groundwater science, research, and innovation in this state, |
---|
43 | 42 | | including local research, data, modeling, and innovative programs |
---|
44 | 43 | | and projects designed to: |
---|
45 | 44 | | (1) improve understanding of local groundwater |
---|
46 | 45 | | conditions; |
---|
47 | 46 | | (2) develop or improve groundwater models relied on |
---|
48 | 47 | | for planning and decision-making; |
---|
49 | 48 | | (3) improve groundwater use efficiency and increase |
---|
50 | 49 | | water conservation efforts; |
---|
51 | 50 | | (4) increase groundwater recharge; or |
---|
52 | 51 | | (5) protect groundwater quality. |
---|
53 | 52 | | (b) The fund may be used for any purpose described by |
---|
54 | 53 | | Subsection (a) under criteria developed by the board. |
---|
55 | 54 | | Sec. 15.424. FINANCIAL ASSISTANCE. The board shall adopt |
---|
56 | 55 | | rules necessary to administer this subchapter, including rules |
---|
57 | 56 | | establishing procedures for the application for and award of |
---|
58 | 57 | | financial assistance, the distribution of financial assistance, |
---|
59 | 58 | | and the administration of financial assistance and the fund. |
---|
60 | 59 | | Sec. 15.425. EVALUATION OF APPLICATION. (a) When |
---|
61 | 60 | | evaluating an application for financial assistance from a district, |
---|
62 | 61 | | the board shall consider: |
---|
63 | 62 | | (1) the expected benefit of the program or project in |
---|
64 | 63 | | informing the management, planning, or decision-making of the |
---|
65 | 64 | | district; |
---|
66 | 65 | | (2) whether the program or project meets any science, |
---|
67 | 66 | | data, and modeling objectives of the board; |
---|
68 | 67 | | (3) the extent to which the program's or project's |
---|
69 | 68 | | outcome may benefit the state and regional water planning processes |
---|
70 | 69 | | under Sections 16.051 and 16.053; and |
---|
71 | 70 | | (4) the district's need for financial assistance based |
---|
72 | 71 | | on the district's available revenue or other sources of financial |
---|
73 | 72 | | assistance available to the district. |
---|
74 | 73 | | (b) The board by resolution may approve an application if, |
---|
75 | 74 | | after considering the factors listed in Subsection (a) and other |
---|
76 | 75 | | relevant factors, the board finds that the public interest is |
---|
77 | 76 | | served by state assistance for the program or project and the |
---|
78 | 77 | | district has met the matching funds requirement under Section |
---|
79 | 78 | | 15.426. |
---|
80 | 79 | | (c) The board shall ensure that a district that receives |
---|
81 | 80 | | financial assistance for a program or project provides the board |
---|
82 | 81 | | with all data, science, and other research findings gathered |
---|
83 | 82 | | through the implementation of the program or project for which the |
---|
84 | 83 | | district received financial assistance. |
---|
85 | 84 | | (d) The board shall ensure that at least 35 percent of the |
---|
86 | 85 | | money transferred from the fund is used to fund programs or projects |
---|
87 | 86 | | by districts with: |
---|
88 | 87 | | (1) populations of not more than 100,000; and |
---|
89 | 88 | | (2) annual revenues of not more than $250,000, as |
---|
90 | 89 | | determined at the close of the previous fiscal year. |
---|
91 | | - | Sec. 15.426. MATCHING FUNDS REQUIRED. (a) Subject to |
---|
92 | | - | Subsection (b), the board by rule may require a district that is the |
---|
93 | | - | recipient of a grant using money from the fund to provide matching |
---|
94 | | - | funds, which may include direct expenditures or in-kind services |
---|
95 | | - | related to the program or project, in an amount equal to 25 percent |
---|
96 | | - | of the amount of the grant. |
---|
97 | | - | (b) The board may not require a district that is the |
---|
98 | | - | recipient of a grant to provide matching funds under Subsection (a) |
---|
99 | | - | for money from the fund used to finance a program or project |
---|
100 | | - | conducted in partnership with an institution of higher education, |
---|
101 | | - | as defined by Section 61.003, Education Code. |
---|
| 90 | + | Sec. 15.426. MATCHING FUNDS REQUIRED. The board by rule may |
---|
| 91 | + | require a district that is the recipient of a grant using money from |
---|
| 92 | + | the fund to provide matching funds, which may include direct |
---|
| 93 | + | expenditures or in-kind services related to the program or project, |
---|
| 94 | + | in an amount equal to 25 percent of the amount of the grant. |
---|