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3 | 5 | | |
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4 | 6 | | A BILL TO BE ENTITLED |
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5 | 7 | | AN ACT |
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6 | 8 | | relating to establishing the Local Government Water Redevelopment |
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7 | 9 | | Fund. |
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8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 11 | | SECTION 1. Chapter 15, Water Code, is amended by adding |
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10 | 12 | | Subchapter C-2 to read as follows: |
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11 | 13 | | SUBCHAPTER C-2. LOCAL GOVERNMENT WATER REDEVELOPMENT FUND |
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12 | 14 | | Sec. 15.161. DEFINITIONS. In this subchapter: |
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13 | 15 | | (1) "Applicant" means a political subdivision that |
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14 | 16 | | imposes a sales tax or a use tax under Subtitle C, Title 3, Tax Code, |
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15 | 17 | | and applies to the Board for a disbursement of money from fund. |
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16 | 18 | | (2) "Fund" means the Local Government Water |
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17 | 19 | | Redevelopment Fund. |
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18 | 20 | | Sec. 15.162. FUND. (a) The fund is a special fund in the |
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19 | 21 | | state treasury administered by the board. The fund consists of: |
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20 | 22 | | (1) money appropriated for transfer or deposit to the |
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21 | 23 | | credit of the fund; |
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22 | 24 | | (2) depository interest allocable to the fund; |
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23 | 25 | | (3) money from gifts, grants, or donations to the |
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24 | 26 | | fund; and |
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25 | 27 | | (4) any other fees or sources of revenue that the |
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26 | 28 | | legislature may dedicate for deposit to the fund. |
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27 | 29 | | (b) The fund is exempt from the application of Section |
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28 | 30 | | 403.095, Government Code. |
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29 | 31 | | (c) Money in the fund may be used only as provided by this |
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30 | 32 | | subchapter. The fund and any accounts established in the fund shall |
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31 | 33 | | be kept and maintained by or at the direction of the board. |
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32 | 34 | | (d) The board may use revenues from the fund to administer |
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33 | 35 | | the program. |
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34 | 36 | | Sec. 15.163. USE OF FUND. (a) The board shall disburse |
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35 | 37 | | funds for the repair and redevelopment of existing water |
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36 | 38 | | infrastructure located within the boundaries of an applicant. |
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37 | 39 | | (b) The board may approve disbursement of funds for the |
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38 | 40 | | repair and redevelopment of existing water structure to multiple |
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39 | 41 | | applicants for the same project. |
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40 | 42 | | (c) The board shall develop a procedure for applicants to |
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41 | 43 | | apply for funding and for the administration of the fund. |
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42 | 44 | | (d) The board may not disburse money to an applicant until |
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43 | 45 | | an application made to the board for a disbursement of funds from |
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44 | 46 | | the fund has been approved by the board. |
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45 | 47 | | (e) The board shall adopt rules necessary to administer the |
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46 | 48 | | fund. |
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47 | 49 | | Sec. 15.164. APPLICATIONS FOR DISBURSEMENT. (a) The |
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48 | 50 | | application period for funding opens after the comptroller's |
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49 | 51 | | disposition of sales tax proceeds under Section 151.801, Tax Code. |
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50 | 52 | | (b) In each fiscal year, an applicant is eligible to receive |
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51 | 53 | | an amount equal to up to the amount most recently deposited to the |
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52 | 54 | | fund under Section 151.801(g) multiplied by the quotient of: |
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53 | 55 | | (1) the applicant's share of the taxes collected by the |
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54 | 56 | | comptroller under Subtitle C, Title 3, Tax Code, in the |
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55 | 57 | | twelve-month period preceding the comptroller's most recent |
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56 | 58 | | deposit to the fund under Section 151.801(g); and |
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57 | 59 | | (2) the total amount of taxes collected the by |
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58 | 60 | | comptroller under Subtitle C, Title 3, Tax Code, in the |
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59 | 61 | | twelve-month period preceding the comptroller's most recent |
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60 | 62 | | deposit to the fund under Section 151.801(g). |
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61 | 63 | | (c) The board shall publish the amounts that each applicant |
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62 | 64 | | is eligible to receive from the fund under Subsection (b). |
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63 | 65 | | (d) The comptroller shall assist the board in publishing the |
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64 | 66 | | amounts required under Subsection (c). |
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65 | 67 | | SECTION 2. Section 151.801, Tax Code, is amended by |
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66 | 68 | | amending Subsection (a) and adding Subsection (g) to read as |
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67 | 69 | | follows: |
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68 | 70 | | (a) Except for the amounts allocated under Subsections (b), |
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69 | 71 | | (c), (c-2), (c-3), [and] (f), and (g), all proceeds from the |
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70 | 72 | | collection of the taxes imposed by this chapter shall be deposited |
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71 | 73 | | to the credit of the general revenue fund. |
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72 | 74 | | (g) After deposits under subsections (b), (c), (c-2), |
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73 | 75 | | (c-3), and (f), but before a deposit of taxes collected under this |
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74 | 76 | | chapter to the general revenue fund under Subsection (a), four |
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75 | 77 | | percent of all proceeds from the collection of the taxes imposed by |
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76 | 78 | | this chapter shall be deposited to the credit of the Local |
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77 | 79 | | Government Water Redevelopment Fund under Subchapter C-2, Chapter |
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78 | 80 | | 15, Water Code. |
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79 | 81 | | SECTION 3. Not later than January 1, 2026, the Texas Water |
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80 | 82 | | Development Board shall adopt rules as required by this Act. |
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81 | 83 | | SECTION 4. This Act takes effect January 1, 2026, but only |
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82 | 84 | | if the constitutional amendment proposed by the 89th Legislature, |
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83 | 85 | | Regular Session, 2025, to create the Local Government Water |
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84 | 86 | | Redevelopment Fund to assist in financing the repair and |
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85 | 87 | | redevelopment of water infrastructure projects in this state is |
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86 | 88 | | approved by voters. If that amendment is not approved by voters, |
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87 | 89 | | this Act has no effect. |
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