reglab/housing_qa huggingface dataset:
TX Water Code § 16.1351 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle C - Water Development|Chapter 16 - Provisions Generally Applicable to Water Development|Subchapter E. Acquisition and Development of Facilities|Section 16.1351. Recreational Access

Sec. 16.1351.  RECREATIONAL ACCESS.  If the board is acquiring an interest in a storage facility, it must also find affirmatively that the applicant has a plan to provide adequate public recreational access areas to suitable recreational resources.|Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.22.|
TX Water Code § 16.136 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle C - Water Development|Chapter 16 - Provisions Generally Applicable to Water Development|Subchapter E. Acquisition and Development of Facilities|Section 16.136. Facilities Wanted by Political Subdivision

Sec. 16.136.  FACILITIES WANTED BY POLITICAL SUBDIVISION.  The board may acquire all or part of any authorized facility to the extent that the board finds that the political subdivision:(1)  is willing and reasonably able to finance that portion of the cost of the facility that the board does not acquire;(2)  has obtained all necessary permits;(3)  has proposals that are consistent with the objectives of the state water plan; and(4)  has complied with water conservation plan requirements as required by Section 16.4021.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 1103, Sec. 10, eff. Sept. 1, 1987;  Acts 2001, 77th Leg., ch. 1234, Sec. 26, eff. Sept. 1, 2001.Amended by: Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 8, eff. September 1, 2019.|
TX Water Code § 16.137 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle C - Water Development|Chapter 16 - Provisions Generally Applicable to Water Development|Subchapter E. Acquisition and Development of Facilities|Section 16.137. Contracts: General Authority

Sec. 16.137.  CONTRACTS:  GENERAL AUTHORITY.  (a)  The board may execute contracts to the full extent that contracts are constitutionally authorized and not limited for the design, management, acquisition, lease, construction, reconstruction, development, enlargement, operation, or maintenance, singularly or in any combination, of any existing or proposed project.(b)  The board shall obtain the approval of the attorney general as to the legality of all contracts authorized under this subchapter to which the board is a party.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 16.138 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle C - Water Development|Chapter 16 - Provisions Generally Applicable to Water Development|Subchapter E. Acquisition and Development of Facilities|Section 16.138. Specific Contracts Authorized

Sec. 16.138.  SPECIFIC CONTRACTS AUTHORIZED.  Contracts authorized by Section 16.137 of this code shall include but are not limited to the following:(1)  contracts secured by the general credit of the state which shall constitute general obligations of the state in the same manner and with the same effect as water development bonds, and principal and interest on these contracts shall be paid in the manner provided for payment of principal and interest on state bonds by the constitution;(2)  federal grants or grants from other sources;(3)  contracts which may be fully or partially secured by water purchase or repayment contracts executed by political subdivisions of the state for purchase of water and facilities necessary to supply present and future regional and local water requirements;(4)  contracts with any person, including but not limited to the United States, local public agencies, power cooperatives, and investor-owned utilities, for financing, constructing, and operating facilities to operate and deliver pumping energy required for projects;  and(5)  contracts for goods and services necessary for the design, management, acquisition, lease, construction, reconstruction, development, enlargement, implementation, operation, or maintenance of any existing or proposed project or portion of the project.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 16.139 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle C - Water Development|Chapter 16 - Provisions Generally Applicable to Water Development|Subchapter E. Acquisition and Development of Facilities|Section 16.139. Contracts: Facilities Acquired for a Term of Years

Sec. 16.139.  CONTRACTS:  FACILITIES ACQUIRED FOR A TERM OF YEARS.  If facilities are acquired for a term of years, the board may include in the contract provisions for renewal that will protect the state's investment.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 16.140 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle C - Water Development|Chapter 16 - Provisions Generally Applicable to Water Development|Subchapter E. Acquisition and Development of Facilities|Section 16.140. Maintenance Contracts

Sec. 16.140.  MAINTENANCE CONTRACTS.  The board may execute contracts for the operation and maintenance of the state's interest in any project and may agree to pay reasonable operation and maintenance charges allocable to the state interest.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 16.141 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle C - Water Development|Chapter 16 - Provisions Generally Applicable to Water Development|Subchapter E. Acquisition and Development of Facilities|Section 16.141. Recreational Facilities

Sec. 16.141.  RECREATIONAL FACILITIES.  The board may execute contracts with the United States and with state agencies and political subdivisions and with others to the extent authorized for the development and operation of recreational facilities at any project in which the state has acquired an interest.  Income received by the board under these contracts may be used for the same purposes as income from the sale of water.  The legislature may appropriate money for the development and operation of recreational facilities at projects in which the state has acquired an interest.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 16.142 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle C - Water Development|Chapter 16 - Provisions Generally Applicable to Water Development|Subchapter E. Acquisition and Development of Facilities|Section 16.142. Recovery of Administrative Costs

Sec. 16.142.  RECOVERY OF ADMINISTRATIVE COSTS.  (a)  The board may charge an administrative fee to a political subdivision with which the board agrees to participate in a project under this subchapter.(b)  The board by rule shall set the fee at an amount it considers necessary to recover the costs incurred or to be incurred by the board in administering the project over its life, including the costs of processing an application, monitoring construction, and auditing and monitoring the project.  The state auditor may review fees charged by the board to determine whether the fees are set consistent with this subsection, based on a risk assessment performed by the state auditor and subject to the legislative audit committee's approval of including the review in the audit plan under Section 321.013, Government Code.(c)  The board may require the payment of the fee in one or more payments.(d)  Fees shall be deposited as directed by the board for use in administering the program.|Added by Acts 1999, 76th Leg., ch. 1323, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 785, Sec. 49, eff. Sept. 1, 2003.|
TX Water Code § 16.143 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle C - Water Development|Chapter 16 - Provisions Generally Applicable to Water Development|Subchapter E. Acquisition and Development of Facilities|Section 16.143. Option to Lease

Sec. 16.143.  OPTION TO LEASE.  (a)  A former owner of real property used for agricultural purposes that was acquired, voluntarily or through the exercise of the power of eminent domain, for a reservoir whose site has been designated as unique for the construction of a reservoir under Section 16.051(g) is entitled to lease the property from the person who acquired the property under terms that allow the former owner to continue to use the property for agricultural purposes until the person who acquired the property determines that such use must be terminated to allow for the physical construction of the reservoir.  Consistent with Subsection (b), the lease is subject to the terms and conditions set forth by the person who has acquired the property that are related to the use of the property by the former owner, including the term of the lease, the rent the former owner is required to pay under the lease, and the uses that may be allowed on the property during the term of the lease.(b)  A former owner of real property used for agricultural purposes is entitled to lease the property for the property's agricultural rental value until the person who acquired the property determines that the lease must be terminated to allow for the physical construction of the reservoir.|Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 3.02, eff. September 1, 2007.|
TX Water Code § 16.144 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle C - Water Development|Chapter 16 - Provisions Generally Applicable to Water Development|Subchapter E. Acquisition and Development of Facilities|Section 16.144. Environmental Mitigation

Sec. 16.144.  ENVIRONMENTAL MITIGATION.  (a)  If a person proposing to construct a reservoir whose site has been designated as unique for the construction of a reservoir under Section 16.051(g) is required to mitigate future adverse environmental effects arising from the construction or operation of the reservoir or its related facilities, the person shall, if authorized by the applicable regulatory authority, attempt to mitigate those effects by offering to contract with and pay an amount of money to an owner of real property located outside of the reservoir site to maintain the property through an easement instead of acquiring the fee simple title to the property for that purpose.(b)  An owner of real property may reject an offer made under Subsection (a).  If agreement on the terms of an easement under Subsection (a) cannot be reached by the parties after a good faith attempt and offer is made, then the party constructing the reservoir may obtain fee title to the property through voluntary or involuntary means.|Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 3.02, eff. September 1, 2007.|
TX Water Code § 16.145 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle C - Water Development|Chapter 16 - Provisions Generally Applicable to Water Development|Subchapter E. Acquisition and Development of Facilities|Section 16.145. Interregional Water Supply Projects

Sec. 16.145.  INTERREGIONAL WATER SUPPLY PROJECTS.  (a)  The board shall identify, establish selection criteria for, and issue a request for proposals for water supply projects that benefit multiple water planning regions.  Selection criteria established under this section must prioritize projects that:(1)  maximize the use of private financial resources;(2)  combine the financial resources of multiple water planning regions; and(3)  have a substantial economic benefit to the regions served by:(A)  affecting a large population;(B)  creating jobs in the regions served; and(C)  meeting a high percentage of the water supply needs of the water users served by the project.(b)  The board and the commission shall enter into a memorandum of understanding for the expedited approval of permits for projects selected under this section.|Added by Acts 2019, 86th Leg., R.S., Ch. 752 (H.B. 1052), Sec. 4, eff. September 1, 2019.|
TX Water Code § 16.146 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle C - Water Development|Chapter 16 - Provisions Generally Applicable to Water Development|Subchapter E. Acquisition and Development of Facilities|Section 16.146. Authorized Projects for State Participation Account Ii

Sec. 16.146.  AUTHORIZED PROJECTS FOR STATE PARTICIPATION ACCOUNT II.  (a)  The board may use the state participation account II created under Section 17.957 to provide financial assistance for the development of a desalination or aquifer storage and recovery facility, including associated intake or distribution facilities, to meet existing or projected future water needs by acquiring such a facility or an ownership interest in such a facility.(b)  The board may act singly or in a joint venture in partnership with any person, including a public or private entity, an agency or political subdivision of this state, another state or a political subdivision of another state, the United States, or a foreign nation, to the extent permitted by law.  The board may provide financial assistance under this section for a facility without regard to any requirements provided by board rules regarding the portion of the capacity of the facility that will serve an existing need or the portion of the cost of the facility that the applicant will finance from sources other than the state participation account II.(c)  Section 16.135 does not apply to the use of the state participation account II to develop a facility described by Subsection (a) of this section by acquiring the facility or an interest in the facility.(d)  Before the board may acquire a facility or an interest in a facility described by Subsection (a), the board must find affirmatively that:(1)  it is reasonable to expect that the state will recover its investment in the facility; and(2)  the public interest will be served by the acquisition of the facility.(e)  The board may not provide financial assistance under this section for a facility unless the facility is included in the state water plan.(f)  The board shall establish a point system for prioritizing facilities for which financial assistance is sought from the board under this section. The system must include a standard for the board to apply in determining whether a facility qualifies for financial assistance at the time the application for financial assistance is filed with the board.(g)  The board may not issue more than $200 million in water financial assistance bonds designated by the board as issued to provide financial assistance for facilities under this section.(h)  If the board does not provide financial assistance for a facility under this section from the state participation account II before September 1, 2024, the board may not provide financial assistance for any facility from that account after that date.|Added by Acts 2019, 86th Leg., R.S., Ch. 752 (H.B. 1052), Sec. 4, eff. September 1, 2019.|
TX Water Code § 16.181 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle C - Water Development|Chapter 16 - Provisions Generally Applicable to Water Development|Subchapter F. Sale or Lease of Facilities|Section 16.181. Board May Sell or Lease Projects

Sec. 16.181.  BOARD MAY SELL OR LEASE PROJECTS.  (a)  The board may sell, transfer, or lease, to the extent of its ownership, a project acquired, constructed, reconstructed, developed, or enlarged with money from the state participation account.(b)  The board shall obtain the approval of the attorney general as to the legality of all contracts authorized under this subchapter to which the board is a party.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870 Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 133, Sec. 2.16.|
TX Water Code § 16.182 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle C - Water Development|Chapter 16 - Provisions Generally Applicable to Water Development|Subchapter F. Sale or Lease of Facilities|Section 16.182. Permits Required

Sec. 16.182.  PERMITS REQUIRED. (a) Before the board grants the application to buy, receive, or lease the facilities, the applicant shall first secure all appropriate permits from the commission. If the facilities are to be leased, a permit may be for a term of years.(b)  The board may assist the applicant with securing permits for a facility described by Section 16.146.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.Amended by: Acts 2019, 86th Leg., R.S., Ch. 752 (H.B. 1052), Sec. 5, eff. September 1, 2019.|
TX Water Code § 16.183 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle C - Water Development|Chapter 16 - Provisions Generally Applicable to Water Development|Subchapter F. Sale or Lease of Facilities|Section 16.183. Permit: Paramount Consideration of Commission

Sec. 16.183.  PERMIT:  PARAMOUNT CONSIDERATION OF COMMISSION.  In passing on an application for a permit under this subchapter whether it proposes a use of water inside or outside the watershed of the impoundment, the commission shall give paramount consideration to recouping the state's investment in order to protect the public interest and promote the general welfare.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 16.184 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle C - Water Development|Chapter 16 - Provisions Generally Applicable to Water Development|Subchapter F. Sale or Lease of Facilities|Section 16.184. Contract Must Be Negotiated

Sec. 16.184.  CONTRACT MUST BE NEGOTIATED.  The commission shall not issue the permit until the applicant has executed a contract with the board for acquisition of the facilities.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 16.185 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle C - Water Development|Chapter 16 - Provisions Generally Applicable to Water Development|Subchapter F. Sale or Lease of Facilities|Section 16.185. Reservoir Land

Sec. 16.185.  RESERVOIR LAND.  The board may lease acquired reservoir land until construction of the dam is completed without the necessity of a permit issued by the commission.|Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|
TX Water Code § 16.186 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle C - Water Development|Chapter 16 - Provisions Generally Applicable to Water Development|Subchapter F. Sale or Lease of Facilities|Section 16.186. Price of Sale

Sec. 16.186.  PRICE OF SALE.  (a)  The price of the sale or transfer of a state facility acquired prior to September 1, 1977, other than a facility acquired under a contract with the United States, shall be the sum of the direct cost of acquisition, plus an amount of interest calculated when one-half of one percent is added to the weighted average effective interest rate in effect at the date of sale or transfer of the state facility times the amount of board money disbursed for the acquisition times the number of years and fraction of a year from the date or dates of purchase or acquisition to the date or dates of sale or transfer, plus the board's cost of operating and maintaining the facility from the date of acquisition to the date of sale or transfer, less any payments received by the board from the lease of the facility or the sale of water from it.  The board may negotiate with a purchaser a different interest rate for calculation of the price of sale if the board determines that establishment of a different interest rate would benefit the state and would expedite the sale of the board's interest in the facility.(b)  The price of the sale or transfer of a state facility acquired on or subsequent to September 1, 1977, other than a facility acquired under a contract with the United States, shall be the sum of the direct cost of acquisition, plus an amount of interest calculated by multiplying the lending rate in effect at the date of acquisition by the amount of board money disbursed for the acquisition times the number of years and fraction of a year from the date or dates of the purchase or acquisition to the date or dates of the sale or transfer of the state facility, plus the board's cost of operating and maintaining the facility from the date of acquisition to the date of sale or transfer, less any payments received by the board from the lease of the facility or the sale of water from it.(c)  The purchaser of the board's interest in a state facility shall also assume, to the extent disclosed by the board at or prior to the sale, any and all direct, conditional, or contingent liabilities of the board attributed to the project in direct relation to the percentage of the project acquired by the purchaser.|Amended by Acts 1977, 65th Leg., p. 671, ch. 254, Sec. 2, eff. May 25, 1977.  Renumbered from 11.356 by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1989, 71st Leg., ch. 307, Sec. 1, eff. June 14, 1989.|
TX Water Code § 16.187 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle C - Water Development|Chapter 16 - Provisions Generally Applicable to Water Development|Subchapter F. Sale or Lease of Facilities|Section 16.187. Price of Sale: Facilities Acquired Under Contracts With the United States

Sec. 16.187.  PRICE OF SALE:  FACILITIES ACQUIRED UNDER CONTRACTS WITH THE UNITED STATES.  (a)  The price of the sale or transfer of a facility acquired prior to September 1, 1977, under a contract with the United States shall be the sum of the direct cost of acquisition, plus an amount of interest calculated by adding one-half of one percent to the weighted average effective interest rate in effect at the date of the sale or transfer of the state facility times the amount of board money disbursed for the acquisition times the number of years and fraction of a year for which the board paid interest to the other party to the contract, plus the board's cost of operating and maintaining the facility from the date of acquisition to the date of the sale or transfer, less any payments received by the board from the lease of the facility or the sale of water from it.(b)  The price of the sale or transfer of a state facility acquired on or subsequent to September 1, 1977, under a contract with the United States shall be the sum of the direct cost of acquisition, plus an amount of interest calculated by multiplying the lending rate in effect at the time of acquisition by the amount of board money disbursed for the acquisition of the facility times the number of years and fraction of a year from the date or dates of purchase or acquisition to the date or dates of sale or transfer, plus the board's cost of operating and maintaining the facility from the date of acquisition to the date of the sale or transfer of the facility, less any payments received by the board from the lease of the facility or the sale of water from it.(c)  If, in transferring any contract, the board remains in any way directly, conditionally, or contingently liable for the performance of any part of the contract, then the transferee, in addition to the payments prescribed by Subsection (a) or (b) of this section, as applicable, shall pay to the board annually one-half of one percent of the remaining amount owed to the other party to the contract, and shall continue these payments until the board is fully released from the contract.|Amended by Acts 1977, 65th Leg., p. 671, ch. 254, Sec. 2, eff. May 25, 1977.  Renumbered from 11.357 and amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.|