1 | 1 | | 89R2372 JAM-F |
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2 | 2 | | By: Perry S.B. No. 1288 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the redesignation of the State Water Implementation |
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10 | 10 | | Fund for Texas Advisory Committee as the Texas Water Fund Advisory |
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11 | 11 | | Committee, the abolition of the Texas Infrastructure Resiliency |
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12 | 12 | | Fund Advisory Committee, and the composition and functions of the |
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13 | 13 | | Texas Water Fund Advisory Committee. |
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14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 15 | | SECTION 1. Section 15.431(a)(1), Water Code, is amended to |
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16 | 16 | | read as follows: |
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17 | 17 | | (1) "Advisory committee" means the [State Water |
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18 | 18 | | Implementation Fund for] Texas Water Fund Advisory Committee. |
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19 | 19 | | SECTION 2. Section 15.438, Water Code, is transferred to |
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20 | 20 | | Subchapter A, Chapter 15, Water Code, redesignated as Section |
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21 | 21 | | 15.009, Water Code, and amended to read as follows: |
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22 | 22 | | Sec. 15.009 [15.438]. TEXAS WATER FUND ADVISORY |
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23 | 23 | | COMMITTEE. (a) The [State Water Implementation Fund for] Texas |
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24 | 24 | | Water Fund Advisory Committee is composed of the following eight |
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25 | 25 | | [seven] members: |
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26 | 26 | | (1) the comptroller, or a person designated by the |
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27 | 27 | | comptroller; |
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28 | 28 | | (2) the chair of the committee of the senate having |
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29 | 29 | | primary jurisdiction over water resources; |
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30 | 30 | | (3) the chair of the committee of the house of |
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31 | 31 | | representatives having primary jurisdiction over water resources; |
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32 | 32 | | (4) two [three] members of the senate appointed by the |
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33 | 33 | | lieutenant governor, including at least one[: |
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34 | 34 | | [(A) a] member of the committee of the senate |
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35 | 35 | | having primary jurisdiction over matters relating to finance; |
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36 | 36 | | (5) two [and |
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37 | 37 | | [(B) the chair of the committee of the senate |
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38 | 38 | | having primary jurisdiction over water resources; and |
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39 | 39 | | [(3) three] members of the house of representatives |
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40 | 40 | | appointed by the speaker of the house of representatives, including |
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41 | 41 | | at least one[: |
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42 | 42 | | [(A) a] member of the committee of the house of |
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43 | 43 | | representatives having primary jurisdiction over appropriations; |
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44 | 44 | | and |
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45 | 45 | | (6) the director of the Texas Division of Emergency |
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46 | 46 | | Management or the successor in function to that entity, or a person |
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47 | 47 | | designated by that person, who serves as a nonvoting member |
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48 | 48 | | [(B) the chair of the committee of the house of |
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49 | 49 | | representatives having primary jurisdiction over water resources]. |
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50 | 50 | | (b) The following persons shall serve as staff support for |
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51 | 51 | | the advisory committee: |
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52 | 52 | | (1) the deputy executive administrator of the board |
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53 | 53 | | who is responsible for water science and conservation or a person |
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54 | 54 | | who holds an equivalent position at the agency, or a person |
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55 | 55 | | designated by that person; |
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56 | 56 | | (2) the deputy executive administrator of the board |
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57 | 57 | | who is responsible for water resources planning and information or |
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58 | 58 | | a person who holds an equivalent position at the agency, or a person |
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59 | 59 | | designated by that person; and |
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60 | 60 | | (3) the chief financial officer of the board, or a |
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61 | 61 | | person who holds an equivalent position at the agency. |
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62 | 62 | | (c) A [An appointed] member of the advisory committee |
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63 | 63 | | designated under Subsection (a)(1) or (6) or appointed under |
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64 | 64 | | Subsection (a)(4) or (5) serves at the will of the person who |
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65 | 65 | | designated or appointed the member. |
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66 | 66 | | (d) The members of the advisory committee described by |
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67 | 67 | | Subsections (a)(2) and (3) serve as [lieutenant governor shall |
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68 | 68 | | appoint a] co-presiding officers [officer] of the [advisory] |
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69 | 69 | | committee [from among the members appointed by the lieutenant |
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70 | 70 | | governor, and the speaker of the house of representatives shall |
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71 | 71 | | appoint a co-presiding officer of the committee from among the |
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72 | 72 | | members appointed by the speaker]. |
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73 | 73 | | (e) The advisory committee may hold public hearings, formal |
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74 | 74 | | meetings, or work sessions. Either co-presiding officer of the |
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75 | 75 | | advisory committee may call a public hearing, formal meeting, or |
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76 | 76 | | work session of the advisory committee at any time. The advisory |
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77 | 77 | | committee may not take formal action at a public hearing, formal |
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78 | 78 | | meeting, or work session unless a quorum of the committee is |
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79 | 79 | | present. |
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80 | 80 | | (f) Except as otherwise provided by this subsection, a |
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81 | 81 | | member of the advisory committee is not entitled to receive |
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82 | 82 | | compensation for service on the committee or reimbursement for |
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83 | 83 | | expenses incurred in the performance of official duties as a member |
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84 | 84 | | of the committee. Service on the advisory committee by a member of |
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85 | 85 | | the senate or house of representatives is considered legislative |
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86 | 86 | | service for which the member is entitled to reimbursement and other |
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87 | 87 | | benefits in the same manner and to the same extent as for other |
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88 | 88 | | legislative service. |
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89 | 89 | | (g) As needed, the [The] advisory committee shall submit |
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90 | 90 | | comments and recommendations to the board regarding the use of |
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91 | 91 | | money in: |
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92 | 92 | | (1) the state water implementation fund for Texas |
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93 | 93 | | established under Subchapter G [fund] for use by the board in |
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94 | 94 | | adopting rules under Section 15.439 and in adopting policies and |
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95 | 95 | | procedures under Section 15.441; |
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96 | 96 | | (2) the Texas water fund established under Subchapter |
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97 | 97 | | H-1 for use by the board in adopting rules under Section 15.507; |
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98 | 98 | | (3) the flood infrastructure fund established under |
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99 | 99 | | Subchapter I for use by the board in adopting rules under Section |
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100 | 100 | | 15.537; and |
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101 | 101 | | (4) the Texas infrastructure resiliency fund |
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102 | 102 | | established under Section 16.452 for use by the board in adopting |
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103 | 103 | | rules under Section 16.460. [The submission must include: |
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104 | 104 | | [(1) comments and recommendations on rulemaking |
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105 | 105 | | related to the prioritization of projects in regional water plans |
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106 | 106 | | and the state water plan in accordance with Section 15.437; |
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107 | 107 | | [(2) comments and recommendations on rulemaking |
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108 | 108 | | related to establishing standards for determining whether projects |
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109 | 109 | | meet the criteria provided by Section 15.434(b); |
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110 | 110 | | [(3) an evaluation of the available programs for |
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111 | 111 | | providing financing for projects included in the state water plan |
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112 | 112 | | and guidelines for implementing those programs, including |
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113 | 113 | | guidelines for providing financing for projects included in the |
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114 | 114 | | state water plan that are authorized under Subchapter Q or R of this |
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115 | 115 | | chapter, Subchapter E or F, Chapter 16, or Subchapter J, Chapter 17; |
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116 | 116 | | [(4) an evaluation of the lending practices of the |
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117 | 117 | | board and guidelines for lending standards; |
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118 | 118 | | [(5) an evaluation of the use of funds by the board to |
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119 | 119 | | provide support for financial assistance for water projects, |
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120 | 120 | | including support for the purposes described by Section 15.435(c); |
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121 | 121 | | [(6) an evaluation of whether premium financing |
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122 | 122 | | programs should be established within the funds described by |
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123 | 123 | | Section 15.435 to serve the purposes of this subchapter, especially |
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124 | 124 | | in connection with projects described by Section 15.434(b); |
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125 | 125 | | [(7) an evaluation of methods for encouraging |
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126 | 126 | | participation in the procurement process by companies domiciled in |
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127 | 127 | | this state or that employ a significant number of residents of this |
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128 | 128 | | state; and |
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129 | 129 | | [(8) an evaluation of the overall operation, function, |
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130 | 130 | | and structure of the fund.] |
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131 | 131 | | (h) The advisory committee shall review the overall |
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132 | 132 | | operation, function, and structure of each fund listed in |
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133 | 133 | | Subsection (g) [the fund] at least semiannually [and may provide |
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134 | 134 | | comments and recommendations to the board on any matter]. |
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135 | 135 | | (i) The advisory committee may: |
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136 | 136 | | (1) provide comments and recommendations to the board |
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137 | 137 | | on any matter; |
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138 | 138 | | (2) review the overall operation, function, and |
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139 | 139 | | structure of any fund established under this chapter or Chapter 16 |
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140 | 140 | | that is not listed in Subsection (g); and |
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141 | 141 | | (3) adopt rules, procedures, and policies as needed to |
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142 | 142 | | administer this section and implement its responsibilities. |
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143 | 143 | | (j) Chapter 2110, Government Code, does not apply to the |
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144 | 144 | | size, composition, or duration of the advisory committee. |
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145 | 145 | | (k) The advisory committee is subject to Chapter 325, |
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146 | 146 | | Government Code (Texas Sunset Act). Unless continued in existence |
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147 | 147 | | as provided by that chapter, the advisory committee is abolished |
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148 | 148 | | and this section expires September 1, 2035. |
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149 | 149 | | (l) As needed, the [The] advisory committee shall make |
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150 | 150 | | recommendations to the board regarding information to be posted on |
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151 | 151 | | the board's Internet website relating to the funds listed in |
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152 | 152 | | Subsection (g) [under Section 15.440(b)]. |
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153 | 153 | | (m) The advisory committee shall evaluate and may provide |
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154 | 154 | | comments or recommendations on the feasibility of the state owning, |
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155 | 155 | | constructing, and operating water supply projects, including |
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156 | 156 | | reservoirs and major water supply conveyance infrastructure, |
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157 | 157 | | through existing financial assistance programs under Subchapter E |
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158 | 158 | | of this chapter, Subchapter E or F, Chapter 16, or other mechanisms. |
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159 | 159 | | (n) The executive administrator shall provide an annual |
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160 | 160 | | report to the advisory committee on: |
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161 | 161 | | (1) the board's compliance with statewide annual goals |
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162 | 162 | | relating to historically underutilized businesses; and |
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163 | 163 | | (2) the participation level of historically |
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164 | 164 | | underutilized businesses in projects that receive funding related |
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165 | 165 | | to a bond enhancement agreement under Subchapter G [this |
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166 | 166 | | subchapter]. |
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167 | 167 | | (o) If the aggregate level of participation by historically |
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168 | 168 | | underutilized businesses in projects that receive funding related |
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169 | 169 | | to a bond enhancement agreement under Subchapter G [this |
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170 | 170 | | subchapter] does not meet statewide annual goals adopted under |
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171 | 171 | | Chapter 2161, Government Code, the advisory committee shall make |
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172 | 172 | | recommendations to the board to improve the participation level. |
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173 | 173 | | SECTION 3. The following provisions of the Water Code are |
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174 | 174 | | repealed: |
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175 | 175 | | (1) Section 15.506; |
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176 | 176 | | (2) Section 15.540; |
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177 | 177 | | (3) Section 16.451(1); and |
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178 | 178 | | (4) Section 16.456. |
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179 | 179 | | SECTION 4. This Act takes effect September 1, 2025. |
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