Texas 2025 - 89th Regular

Texas Senate Bill SB1288 Compare Versions

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11 89R2372 JAM-F
22 By: Perry S.B. No. 1288
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the redesignation of the State Water Implementation
1010 Fund for Texas Advisory Committee as the Texas Water Fund Advisory
1111 Committee, the abolition of the Texas Infrastructure Resiliency
1212 Fund Advisory Committee, and the composition and functions of the
1313 Texas Water Fund Advisory Committee.
1414 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1515 SECTION 1. Section 15.431(a)(1), Water Code, is amended to
1616 read as follows:
1717 (1) "Advisory committee" means the [State Water
1818 Implementation Fund for] Texas Water Fund Advisory Committee.
1919 SECTION 2. Section 15.438, Water Code, is transferred to
2020 Subchapter A, Chapter 15, Water Code, redesignated as Section
2121 15.009, Water Code, and amended to read as follows:
2222 Sec. 15.009 [15.438]. TEXAS WATER FUND ADVISORY
2323 COMMITTEE. (a) The [State Water Implementation Fund for] Texas
2424 Water Fund Advisory Committee is composed of the following eight
2525 [seven] members:
2626 (1) the comptroller, or a person designated by the
2727 comptroller;
2828 (2) the chair of the committee of the senate having
2929 primary jurisdiction over water resources;
3030 (3) the chair of the committee of the house of
3131 representatives having primary jurisdiction over water resources;
3232 (4) two [three] members of the senate appointed by the
3333 lieutenant governor, including at least one[:
3434 [(A) a] member of the committee of the senate
3535 having primary jurisdiction over matters relating to finance;
3636 (5) two [and
3737 [(B) the chair of the committee of the senate
3838 having primary jurisdiction over water resources; and
3939 [(3) three] members of the house of representatives
4040 appointed by the speaker of the house of representatives, including
4141 at least one[:
4242 [(A) a] member of the committee of the house of
4343 representatives having primary jurisdiction over appropriations;
4444 and
4545 (6) the director of the Texas Division of Emergency
4646 Management or the successor in function to that entity, or a person
4747 designated by that person, who serves as a nonvoting member
4848 [(B) the chair of the committee of the house of
4949 representatives having primary jurisdiction over water resources].
5050 (b) The following persons shall serve as staff support for
5151 the advisory committee:
5252 (1) the deputy executive administrator of the board
5353 who is responsible for water science and conservation or a person
5454 who holds an equivalent position at the agency, or a person
5555 designated by that person;
5656 (2) the deputy executive administrator of the board
5757 who is responsible for water resources planning and information or
5858 a person who holds an equivalent position at the agency, or a person
5959 designated by that person; and
6060 (3) the chief financial officer of the board, or a
6161 person who holds an equivalent position at the agency.
6262 (c) A [An appointed] member of the advisory committee
6363 designated under Subsection (a)(1) or (6) or appointed under
6464 Subsection (a)(4) or (5) serves at the will of the person who
6565 designated or appointed the member.
6666 (d) The members of the advisory committee described by
6767 Subsections (a)(2) and (3) serve as [lieutenant governor shall
6868 appoint a] co-presiding officers [officer] of the [advisory]
6969 committee [from among the members appointed by the lieutenant
7070 governor, and the speaker of the house of representatives shall
7171 appoint a co-presiding officer of the committee from among the
7272 members appointed by the speaker].
7373 (e) The advisory committee may hold public hearings, formal
7474 meetings, or work sessions. Either co-presiding officer of the
7575 advisory committee may call a public hearing, formal meeting, or
7676 work session of the advisory committee at any time. The advisory
7777 committee may not take formal action at a public hearing, formal
7878 meeting, or work session unless a quorum of the committee is
7979 present.
8080 (f) Except as otherwise provided by this subsection, a
8181 member of the advisory committee is not entitled to receive
8282 compensation for service on the committee or reimbursement for
8383 expenses incurred in the performance of official duties as a member
8484 of the committee. Service on the advisory committee by a member of
8585 the senate or house of representatives is considered legislative
8686 service for which the member is entitled to reimbursement and other
8787 benefits in the same manner and to the same extent as for other
8888 legislative service.
8989 (g) As needed, the [The] advisory committee shall submit
9090 comments and recommendations to the board regarding the use of
9191 money in:
9292 (1) the state water implementation fund for Texas
9393 established under Subchapter G [fund] for use by the board in
9494 adopting rules under Section 15.439 and in adopting policies and
9595 procedures under Section 15.441;
9696 (2) the Texas water fund established under Subchapter
9797 H-1 for use by the board in adopting rules under Section 15.507;
9898 (3) the flood infrastructure fund established under
9999 Subchapter I for use by the board in adopting rules under Section
100100 15.537; and
101101 (4) the Texas infrastructure resiliency fund
102102 established under Section 16.452 for use by the board in adopting
103103 rules under Section 16.460. [The submission must include:
104104 [(1) comments and recommendations on rulemaking
105105 related to the prioritization of projects in regional water plans
106106 and the state water plan in accordance with Section 15.437;
107107 [(2) comments and recommendations on rulemaking
108108 related to establishing standards for determining whether projects
109109 meet the criteria provided by Section 15.434(b);
110110 [(3) an evaluation of the available programs for
111111 providing financing for projects included in the state water plan
112112 and guidelines for implementing those programs, including
113113 guidelines for providing financing for projects included in the
114114 state water plan that are authorized under Subchapter Q or R of this
115115 chapter, Subchapter E or F, Chapter 16, or Subchapter J, Chapter 17;
116116 [(4) an evaluation of the lending practices of the
117117 board and guidelines for lending standards;
118118 [(5) an evaluation of the use of funds by the board to
119119 provide support for financial assistance for water projects,
120120 including support for the purposes described by Section 15.435(c);
121121 [(6) an evaluation of whether premium financing
122122 programs should be established within the funds described by
123123 Section 15.435 to serve the purposes of this subchapter, especially
124124 in connection with projects described by Section 15.434(b);
125125 [(7) an evaluation of methods for encouraging
126126 participation in the procurement process by companies domiciled in
127127 this state or that employ a significant number of residents of this
128128 state; and
129129 [(8) an evaluation of the overall operation, function,
130130 and structure of the fund.]
131131 (h) The advisory committee shall review the overall
132132 operation, function, and structure of each fund listed in
133133 Subsection (g) [the fund] at least semiannually [and may provide
134134 comments and recommendations to the board on any matter].
135135 (i) The advisory committee may:
136136 (1) provide comments and recommendations to the board
137137 on any matter;
138138 (2) review the overall operation, function, and
139139 structure of any fund established under this chapter or Chapter 16
140140 that is not listed in Subsection (g); and
141141 (3) adopt rules, procedures, and policies as needed to
142142 administer this section and implement its responsibilities.
143143 (j) Chapter 2110, Government Code, does not apply to the
144144 size, composition, or duration of the advisory committee.
145145 (k) The advisory committee is subject to Chapter 325,
146146 Government Code (Texas Sunset Act). Unless continued in existence
147147 as provided by that chapter, the advisory committee is abolished
148148 and this section expires September 1, 2035.
149149 (l) As needed, the [The] advisory committee shall make
150150 recommendations to the board regarding information to be posted on
151151 the board's Internet website relating to the funds listed in
152152 Subsection (g) [under Section 15.440(b)].
153153 (m) The advisory committee shall evaluate and may provide
154154 comments or recommendations on the feasibility of the state owning,
155155 constructing, and operating water supply projects, including
156156 reservoirs and major water supply conveyance infrastructure,
157157 through existing financial assistance programs under Subchapter E
158158 of this chapter, Subchapter E or F, Chapter 16, or other mechanisms.
159159 (n) The executive administrator shall provide an annual
160160 report to the advisory committee on:
161161 (1) the board's compliance with statewide annual goals
162162 relating to historically underutilized businesses; and
163163 (2) the participation level of historically
164164 underutilized businesses in projects that receive funding related
165165 to a bond enhancement agreement under Subchapter G [this
166166 subchapter].
167167 (o) If the aggregate level of participation by historically
168168 underutilized businesses in projects that receive funding related
169169 to a bond enhancement agreement under Subchapter G [this
170170 subchapter] does not meet statewide annual goals adopted under
171171 Chapter 2161, Government Code, the advisory committee shall make
172172 recommendations to the board to improve the participation level.
173173 SECTION 3. The following provisions of the Water Code are
174174 repealed:
175175 (1) Section 15.506;
176176 (2) Section 15.540;
177177 (3) Section 16.451(1); and
178178 (4) Section 16.456.
179179 SECTION 4. This Act takes effect September 1, 2025.