2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter C. Funding Provisions › Section 17.072. Development Fund

Sec. 17.072.  DEVELOPMENT FUND.  (a)  The Texas Water Development Fund, referred to as the "development fund," is a special revolving fund in the State Treasury.
(b)  Except as provided by Subsections (f), (h), (j), and (k) of this section, proceeds from the sale of water development bonds, together with all proceeds (excluding accrued interest which shall be deposited into the interest and sinking fund) from the sale, refunding, or prepayment of political subdivision bonds acquired in carrying out the purposes set out in Article III, Sections 49-c, 49-d, 49-d-2, 49-d-6, and 49-d-7, of the Texas Constitution, shall be deposited in a special account in the development fund designated "water supply account," and other money for deposit therein as provided in this chapter shall be credited to the water supply account.
(c)  The water supply account may be used for any water supply project and in any manner consistent with the provisions of the constitution, including retail distribution.
(d)  Except as provided by Subsections (j) and (k) of this section, proceeds from the sale of water quality enhancement bonds, together with all proceeds (excluding accrued interest which shall be deposited into the interest and sinking fund) from the sale, refunding, or prepayment of political subdivision bonds acquired in carrying out the purposes in Article III, Section 49-d-1, of the Texas Constitution, shall be deposited in a special account in the development fund designated "water quality enhancement account," and other money for deposit therein as provided in this chapter shall be credited to the water quality enhancement account.
(e)  The water quality enhancement account may be used for construction of treatment works in any manner consistent with the provisions of the constitution and this code.
(f)  All proceeds from the sale of the $400 million in water development bonds authorized by Article III, Section 49-d-2, of the Texas Constitution for the purposes of state participation in the acquisition and development of facilities, together with all proceeds, excluding accrued interest, from the sale, refunding, or prepayment of political subdivision bonds acquired in carrying out the purposes of the state participation program, shall be deposited in a special account designated as the state participation account created in the development fund.  Other money designated for deposit in that account by this chapter and Chapter 16 of this code shall be deposited in the state participation account.  Accrued interest from the proceeds of the sale, refunding, or prepayment of political subdivision bonds shall be deposited in the interest and sinking fund.
Text of subsec. (g) as amended by Acts 1987, 70th Leg., ch. 420, Sec. 4
(g)  The state participation account may be used for any project authorized in Chapter 16 of this code and in any manner consistent with the constitution and this code.
Text of subsec. (g) as amended by Acts 1987, 70th Leg., ch. 1103, Sec. 1
(g)  The state participation account may be used for any project defined by Chapter 16 of this code and in any manner consistent with the constitution and this code.
(h)  All proceeds from the sale of the $300 million in water development bonds authorized by Article III, Sections 49-d-2, 49-d-6, and 49-d-7, of the Texas Constitution for the purposes of flood control, together with all proceeds, excluding accrued interest, from the sale, refunding, or prepayment of political subdivision bonds acquired in carrying out the purposes of the flood control program, shall be deposited in a special account designated as the flood control account created in the development fund.  Other money designated for deposit in that account by this chapter shall be deposited in the flood control account.  Accrued interest from the proceeds of the sale, refunding, or prepayment of political subdivision bonds shall be deposited in the interest and sinking fund.
(i)  The flood control account may be used for any project and in any manner consistent with the constitution and this code.
(j)  Proceeds from the sale of bonds pursuant to Section 17.0111 of this code, together with proceeds, other than accrued interest, from the sale, refunding, or prepayment of political subdivision bonds acquired in carrying out the purposes provided by Subchapter K of this chapter, shall be deposited in a special account in the development fund designated as the economically distressed areas account, with other money for deposit in that account as provided by this chapter, the General Appropriations Act, or other law of this state.  Money from gifts or grants from the United States government, local or regional governments, private sources, or other sources for the purposes of assisting economically distressed areas also may be deposited in the economically distressed areas account.  Within the economically distressed areas account, separate accounts may be created for bonds issued for purposes of Article III, Section 49-c, of the Texas Constitution, and bonds issued for purposes of Article III, Section 49-d-1, of the Texas Constitution.
(k)  The economically distressed areas account may be used as provided by Subchapter K of this chapter in a manner that is consistent with the constitution and other law.
(l)  Net proceeds from the sale of political subdivision bonds owned by the board and deposited in the water development fund may be used:
(1)  to create reserve funds for revenue bonds issued by the board pursuant to Subchapter I of this chapter;
(2)  to create reserve funds for the water bond insurance program authorized by Article III, Section 49-d-4, of the Texas Constitution;
(3)  for the purchase of insurance for reserve funds created under this subsection;  or
(4)  for any purpose approved by the board.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3155, ch. 828, Sec. 5, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 133, Sec. 2.17;  Acts 1987, 70th Leg., ch. 420, Sec. 4, eff. June 17, 1987;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., 2nd C.S., ch. 66, Sec. 5;  Acts 1989, 71st Leg., ch. 309, Sec. 1, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 624, Sec. 2.15;  Acts 1989, 71st Leg., ch. 1062, Sec. 4;  Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(35), eff. Sept. 6, 1990;  Acts 1993, 73rd Leg., ch. 844, Sec. 5, eff. Aug. 30, 1993.