89R2372 JAM-F
By: Perry S.B. No. 1288
A BILL TO BE ENTITLED
AN ACT
relating to the redesignation of the State Water Implementation
Fund for Texas Advisory Committee as the Texas Water Fund Advisory
Committee, the abolition of the Texas Infrastructure Resiliency
Fund Advisory Committee, and the composition and functions of the
Texas Water Fund Advisory Committee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 15.431(a)(1), Water Code, is amended to
read as follows:
(1) "Advisory committee" means the [State Water
Implementation Fund for] Texas Water Fund Advisory Committee.
SECTION 2. Section 15.438, Water Code, is transferred to
Subchapter A, Chapter 15, Water Code, redesignated as Section
15.009, Water Code, and amended to read as follows:
Sec. 15.009 [15.438]. TEXAS WATER FUND ADVISORY
COMMITTEE. (a) The [State Water Implementation Fund for] Texas
Water Fund Advisory Committee is composed of the following eight
[seven] members:
(1) the comptroller, or a person designated by the
comptroller;
(2) the chair of the committee of the senate having
primary jurisdiction over water resources;
(3) the chair of the committee of the house of
representatives having primary jurisdiction over water resources;
(4) two [three] members of the senate appointed by the
lieutenant governor, including at least one[:
[(A) a] member of the committee of the senate
having primary jurisdiction over matters relating to finance;
(5) two [and
[(B) the chair of the committee of the senate
having primary jurisdiction over water resources; and
[(3) three] members of the house of representatives
appointed by the speaker of the house of representatives, including
at least one[:
[(A) a] member of the committee of the house of
representatives having primary jurisdiction over appropriations;
and
(6) the director of the Texas Division of Emergency
Management or the successor in function to that entity, or a person
designated by that person, who serves as a nonvoting member
[(B) the chair of the committee of the house of
representatives having primary jurisdiction over water resources].
(b) The following persons shall serve as staff support for
the advisory committee:
(1) the deputy executive administrator of the board
who is responsible for water science and conservation or a person
who holds an equivalent position at the agency, or a person
designated by that person;
(2) the deputy executive administrator of the board
who is responsible for water resources planning and information or
a person who holds an equivalent position at the agency, or a person
designated by that person; and
(3) the chief financial officer of the board, or a
person who holds an equivalent position at the agency.
(c) A [An appointed] member of the advisory committee
designated under Subsection (a)(1) or (6) or appointed under
Subsection (a)(4) or (5) serves at the will of the person who
designated or appointed the member.
(d) The members of the advisory committee described by
Subsections (a)(2) and (3) serve as [lieutenant governor shall
appoint a] co-presiding officers [officer] of the [advisory]
committee [from among the members appointed by the lieutenant
governor, and the speaker of the house of representatives shall
appoint a co-presiding officer of the committee from among the
members appointed by the speaker].
(e) The advisory committee may hold public hearings, formal
meetings, or work sessions. Either co-presiding officer of the
advisory committee may call a public hearing, formal meeting, or
work session of the advisory committee at any time. The advisory
committee may not take formal action at a public hearing, formal
meeting, or work session unless a quorum of the committee is
present.
(f) Except as otherwise provided by this subsection, a
member of the advisory committee is not entitled to receive
compensation for service on the committee or reimbursement for
expenses incurred in the performance of official duties as a member
of the committee. Service on the advisory committee by a member of
the senate or house of representatives is considered legislative
service for which the member is entitled to reimbursement and other
benefits in the same manner and to the same extent as for other
legislative service.
(g) As needed, the [The] advisory committee shall submit
comments and recommendations to the board regarding the use of
money in:
(1) the state water implementation fund for Texas
established under Subchapter G [fund] for use by the board in
adopting rules under Section 15.439 and in adopting policies and
procedures under Section 15.441;
(2) the Texas water fund established under Subchapter
H-1 for use by the board in adopting rules under Section 15.507;
(3) the flood infrastructure fund established under
Subchapter I for use by the board in adopting rules under Section
15.537; and
(4) the Texas infrastructure resiliency fund
established under Section 16.452 for use by the board in adopting
rules under Section 16.460. [The submission must include:
[(1) comments and recommendations on rulemaking
related to the prioritization of projects in regional water plans
and the state water plan in accordance with Section 15.437;
[(2) comments and recommendations on rulemaking
related to establishing standards for determining whether projects
meet the criteria provided by Section 15.434(b);
[(3) an evaluation of the available programs for
providing financing for projects included in the state water plan
and guidelines for implementing those programs, including
guidelines for providing financing for projects included in the
state water plan that are authorized under Subchapter Q or R of this
chapter, Subchapter E or F, Chapter 16, or Subchapter J, Chapter 17;
[(4) an evaluation of the lending practices of the
board and guidelines for lending standards;
[(5) an evaluation of the use of funds by the board to
provide support for financial assistance for water projects,
including support for the purposes described by Section 15.435(c);
[(6) an evaluation of whether premium financing
programs should be established within the funds described by
Section 15.435 to serve the purposes of this subchapter, especially
in connection with projects described by Section 15.434(b);
[(7) an evaluation of methods for encouraging
participation in the procurement process by companies domiciled in
this state or that employ a significant number of residents of this
state; and
[(8) an evaluation of the overall operation, function,
and structure of the fund.]
(h) The advisory committee shall review the overall
operation, function, and structure of each fund listed in
Subsection (g) [the fund] at least semiannually [and may provide
comments and recommendations to the board on any matter].
(i) The advisory committee may:
(1) provide comments and recommendations to the board
on any matter;
(2) review the overall operation, function, and
structure of any fund established under this chapter or Chapter 16
that is not listed in Subsection (g); and
(3) adopt rules, procedures, and policies as needed to
administer this section and implement its responsibilities.
(j) Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the advisory committee.
(k) The advisory committee is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the advisory committee is abolished
and this section expires September 1, 2035.
(l) As needed, the [The] advisory committee shall make
recommendations to the board regarding information to be posted on
the board's Internet website relating to the funds listed in
Subsection (g) [under Section 15.440(b)].
(m) The advisory committee shall evaluate and may provide
comments or recommendations on the feasibility of the state owning,
constructing, and operating water supply projects, including
reservoirs and major water supply conveyance infrastructure,
through existing financial assistance programs under Subchapter E
of this chapter, Subchapter E or F, Chapter 16, or other mechanisms.
(n) The executive administrator shall provide an annual
report to the advisory committee on:
(1) the board's compliance with statewide annual goals
relating to historically underutilized businesses; and
(2) the participation level of historically
underutilized businesses in projects that receive funding related
to a bond enhancement agreement under Subchapter G [this
subchapter].
(o) If the aggregate level of participation by historically
underutilized businesses in projects that receive funding related
to a bond enhancement agreement under Subchapter G [this
subchapter] does not meet statewide annual goals adopted under
Chapter 2161, Government Code, the advisory committee shall make
recommendations to the board to improve the participation level.
SECTION 3. The following provisions of the Water Code are
repealed:
(1) Section 15.506;
(2) Section 15.540;
(3) Section 16.451(1); and
(4) Section 16.456.
SECTION 4. This Act takes effect September 1, 2025.