reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter J. Economically Distressed Areas › Section 16.345. Authority to Participate in Program

Sec. 16.345.  AUTHORITY TO PARTICIPATE IN PROGRAM.  (a)  A political subdivision may exercise any authority necessary to participate in a program under Section 15.407 of this code or Subchapter K, Chapter 17, of this code  and carry out the terms and conditions under which the funds or the financial assistance is provided.
(b)  In addition to any other authority to issue bonds or other obligations or incur any debt, an affected county or another political subdivision, other than a nonprofit water supply corporation, eligible for financial assistance under Subchapter K, Chapter 17, of this code may issue bonds payable from and secured by a pledge of the revenues derived or to be derived from the operation of water supply or sewer service systems for the purpose of acquiring, constructing, improving, extending, or repairing water supply or sewer facilities.  The bonds shall be issued in accordance with and an affected county or another political subdivision may exercise the powers granted by:
(1)  Subchapter B, Chapter 1502, Government Code;
(2)  Chapter 1201, Government Code;
(3)  Chapter 1371, Government Code;  and
(4)  other laws of the state.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.13.  Amended by Acts 1999, 76th Leg., ch. 404, Sec. 35, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1064, Sec. 44, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter J. Economically Distressed Areas › Section 16.346. Examination of Ability of a District to Provide Services and Financing

Sec. 16.346.  EXAMINATION OF ABILITY OF A DISTRICT TO PROVIDE SERVICES AND FINANCING.  (a)  In connection with an application under Subchapter K, Chapter 17, of this code, the board may consider and make any necessary investigations and inquiries as to the feasibility of creating a conservation and reclamation district under Article XVI, Section 59, of the Texas Constitution to provide, in lieu of financial assistance under the application, water supply and sewer services in the area covered by the application through issuance of district bonds to be sold on the regular bond market.
(b)  In carrying out its authority under this section, the board may require the applicant to provide necessary information to assist the board in making a determination as to the feasibility of creating a district to provide the services and financing covered by the application.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.13.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter J. Economically Distressed Areas › Section 16.347. Requirement of Imposition of Distressed Areas Water Financing Fee

Sec. 16.347.  REQUIREMENT OF IMPOSITION OF DISTRESSED AREAS WATER FINANCING FEE.  (a)  In this section:
(1)  "Distressed areas water financing fee" means a fee imposed by a political subdivision on undeveloped property.
(2)  "Undeveloped property" means a tract, lot, or reserve in an area in a political subdivision to be served by water supply or sewer services financed in whole or in part with financial assistance from the board under Subchapter K, Chapter 17, of this code  for which a plat has been filed under Subchapter A, Chapter 212, or Chapter 232, Local Government Code.
(b)  The board may require, as a condition for granting an application for financial assistance under Subchapter K, Chapter 17, of this code to a political subdivision in which a plat is required to be filed under Subchapter A, Chapter 212, or Chapter 232, Local Government Code, that the applicant impose a distressed areas water financing fee on undeveloped property in the political subdivision if the board determines that imposition of the fee would:
(1)  reduce the amount of any financial assistance that the board may provide to accomplish the purposes of the political subdivision under the application;  or
(2)  assist the political subdivision to more effectively retire any debt undertaken by the political subdivision in connection with financial assistance made available by the board to the political subdivision.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.13.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter J. Economically Distressed Areas › Section 16.349. Fees

Sec. 16.349.  FEES.  (a)  A political subdivision that receives financial assistance may charge persons in an economically distressed area in which water supply and sewer services are furnished an amount for those services that is not less than the amount provided in the application for financial assistance.
(b)  Except as provided by Subsection (c), the amount charged under Subsection (a) of this section may be equal to or less than the rates paid for water supply and sewer services by residents of the political subdivision.
(c)  A political subdivision holding a certificate of convenience and necessity described by Section 13.242, that extends service to an economically distressed area outside the boundaries of the political subdivision, may not charge the residents of the area rates that exceed the lesser of:
(1)  the cost of providing service to the area;  or
(2)  the rates charged other residents of the political subdivision plus 15 percent.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.13.  Amended by Acts 1995, 74th Leg., ch. 979, Sec. 16, eff. June 16, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter J. Economically Distressed Areas › Section 16.350. Eligible Counties and Municipalities to Adopt Rules

Sec. 16.350.  ELIGIBLE COUNTIES AND MUNICIPALITIES TO ADOPT RULES.  (a)  A county or municipality that applies for or receives funds or financial assistance under Section 15.407 of this code or Subchapter K, Chapter 17, of this code  must adopt and enforce the model rules developed under Section 16.343 of this code to be eligible to participate in this program.  The county or municipality by order or ordinance shall adopt and enter the model rules in the minutes of a meeting of its governing body and shall publish notice of that action in a newspaper with general circulation in the county or municipality.  A municipality is eligible to participate in this program only if the county in which the project is located adopts and enforces the model rules.
(b)  Rules adopted by the commissioners court under this section must apply to all the unincorporated area of the county.
(c)  A municipality may adopt rules relating to water supply and sewer services within its corporate boundaries and extraterritorial jurisdiction that are more strict than those prepared under Section 16.343 of this code.
(d)  A county or municipality that receives funds or financial assistance under Section 15.407 of this code or Subchapter K, Chapter 17, of this code may grant an exemption for a subdivision from the requirements of the model rules only if the county or municipality supplies the subdivision with water supply and sewer services that meet the standards of the model rules.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.13.  Amended by Acts 1991, 72nd Leg., ch. 422, Sec. 6, eff. Sept. 1, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter J. Economically Distressed Areas › Section 16.351. Contract Preference

Sec. 16.351.  CONTRACT PREFERENCE.  A political subdivision that receives financial assistance under Subchapter K, Chapter 17, of this code  shall give preference in the award of political subdivision contracts to acquire, construct, extend, or provide water supply and sewer services or facilities to a bidder that agrees to use labor from inside the political subdivision to the extent possible.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.13.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter J. Economically Distressed Areas › Section 16.352. Enforcement of Rules

Sec. 16.352.  ENFORCEMENT OF RULES.  A person who violates a rule adopted by a municipality or county under this subchapter or under Subchapter B or C, Chapter 232, Local Government Code, is liable to the municipality or county for a civil penalty of not less than $500 and not more than $1,000 for each violation and for each day of a violation.  The maximum civil penalty that may accrue each day is $5,000. The appropriate attorney representing the municipality or county may sue to collect the penalty.  The recovered penalty shall be deposited in the general fund of the municipality or county.
Added by Acts 1999, 76th Leg., ch. 404, Sec. 36, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter J. Economically Distressed Areas › Section 16.353. Injunction

Sec. 16.353.  INJUNCTION.  (a)  In addition to any other remedy, the attorney general, the municipal attorney of the municipality in which a violation under Section 16.352 occurs, or the county or district attorney of the county in which a violation under Section 16.352 occurs may apply to a district court for, and the district court may grant, the state or the political subdivision an appropriate prohibitory or mandatory order, including a temporary restraining order or a temporary or permanent injunction, enjoining a violation of this subchapter, the rules described by Section 16.352, or Subchapter B or C, Chapter 232, Local Government Code.
(b)  An injunction issued under this section may be issued without the requirement of a bond or other undertaking.
Added by Acts 1999, 76th Leg., ch. 404, Sec. 36, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter J. Economically Distressed Areas › Section 16.3535. Damages

Sec. 16.3535.  DAMAGES.  In addition to any other remedy, the attorney general, the municipal attorney of the municipality in which a violation under Section 16.352 occurs, or the county or district attorney of the county in which a violation under Section 16.352 occurs may apply to a district court for, and the district court may grant, monetary damages to cover the cost of enforcing this subchapter, rules adopted under this subchapter, or Subchapter B or C, Chapter 232, Local Government Code.
Added by Acts 1999, 76th Leg., ch. 404, Sec. 36, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter J. Economically Distressed Areas › Section 16.354. Attorney General Enforcement

Sec. 16.354.  ATTORNEY GENERAL ENFORCEMENT.  In addition to the ability of any political subdivision to enforce this subchapter, the attorney general may file suit to:
(1)  enforce a rule adopted under Section 16.350;
(2)  recover a civil penalty under Section 16.352;
(3)  obtain injunctive relief under Section 16.353;
(4)  recover damages under Section 16.3535;
(5)  enforce a political subdivision's rules, recover any penalty, recover any damages, and obtain any injunctive relief;  or
(6)  recover attorney's fees, investigative costs, and court costs.
Added by Acts 1999, 76th Leg., ch. 404, Sec. 36, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter J. Economically Distressed Areas › Section 16.3545. Venue

Sec. 16.3545.  VENUE.  A suit brought under this subchapter for injunctive relief or the recovery of a civil penalty or damages may be brought in a district court in:
(1)  the county in which the defendant resides;
(2)  the county in which the alleged violation or threat of violation occurs;  or
(3)  Travis County.
Added by Acts 1999, 76th Leg., ch. 404, Sec. 36, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter J. Economically Distressed Areas › Section 16.355. Authority Over Facilities

Sec. 16.355.  AUTHORITY OVER FACILITIES.  A political subdivision may construct, contract for construction, operate, or contract with any person for operation of any water supply or sewer services or facilities provided by the political subdivision with financial assistance obtained under Subchapter K, Chapter 17, of this code.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.13.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter J. Economically Distressed Areas › Section 16.356. Use of Revenue From Operation of Water Supply or Sewer Service Projects

Sec. 16.356.  USE OF REVENUE FROM OPERATION OF WATER SUPPLY OR SEWER SERVICE PROJECTS.  (a)  A political subdivision that receives financial assistance from the economically distressed areas program under Subchapter K, Chapter 17, may not use any revenue received from fees collected from a water supply or sewer service constructed in whole or in part from funds from the economically distressed areas program account for purposes other than utility purposes.  The annual financial statement prepared by a municipality under Section 103.001, Local Government Code, must include a specific report on compliance with this section.
(b)  At the request of the board or on the attorney general's own initiative, the attorney general may file suit to enjoin an actual or threatened violation of this section.
Added by Acts 1999, 76th Leg., ch. 404, Sec. 37, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter K. Water Conservation › Section 16.402. Water Conservation Plan Review

Sec. 16.402.  WATER CONSERVATION PLAN REVIEW.  (a)  Each entity that is required to submit a water conservation plan to the commission under this code shall submit a copy of the plan to the executive administrator.
(b)  Each entity that is required to submit a water conservation plan to the executive administrator, board, or commission under this code shall report annually to the executive administrator on the entity's progress in implementing the plan.
(c)  The executive administrator shall review each water conservation plan and annual report to determine compliance with the minimum requirements established by Section 16.4021 and the submission deadlines developed under Subsection (e) of this section.
(d)  The board may notify the commission if the board determines that an entity has violated this section or a rule adopted under this section.  Notwithstanding Section 7.051(b), a violation of this section or of a rule adopted under this section is enforceable in the manner provided by Chapter 7 for a violation of a provision of this code within the commission's jurisdiction or of a rule adopted by the commission under a provision of this code within the commission's jurisdiction.
(e)  The board and commission jointly shall adopt rules:
(1)  identifying the minimum requirements and submission deadlines for the annual reports required by Subsection (b);
(2)  requiring the methodology and guidance for calculating water use and conservation developed under Section 16.403 to be used in the reports required by Subsection (b); and
(3)  providing for the enforcement of this section and rules adopted under this section.
(f)  At a minimum, rules adopted under Subsection (e)(2) must require an entity to report the most detailed level of municipal water use data currently available to the entity.  The board and commission may not adopt a rule that requires an entity to report municipal water use data that is more detailed than the entity's billing system is capable of producing.
Added by Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 8, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.18, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1233 (S.B. 660), Sec. 10, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 9, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter K. Water Conservation › Section 16.404. Rules and Standards

Text of section as added by Acts 2011, 82nd Leg., R.S., Ch. 595 (S.B. 181), Sec. 2
For text of section as added by Acts 2011, 82nd Leg., R.S., Ch. 1233 (S.B. 660), Sec. 11, see other Sec. 16.404.
Sec. 16.404.  RULES AND STANDARDS.  The commission and the board, as appropriate, shall adopt rules and standards as necessary to implement this subchapter.  At a minimum, the rules adopted under this subchapter must require an entity to report the most detailed level of water use data currently available to the entity.  The commission may not adopt a rule that requires an entity to report water use data that is more detailed than the entity's billing system is capable of producing.  The rules may require that billing systems purchased after September 1, 2011, be capable of reporting detailed water use data described in this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 595 (S.B. 181), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter K. Water Conservation › Section 16.404. Rules and Standards

Text of section as added by Acts 2011, 82nd Leg., R.S., Ch. 1233 (S.B. 660), Sec. 11
For text of section as added by Acts 2011, 82nd Leg., R.S., Ch. 595 (S.B. 181), Sec. 2, see other Sec. 16.404.
Sec. 16.404.  RULES AND STANDARDS.  The commission and the board, as appropriate, shall adopt rules and standards as necessary to implement this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1233 (S.B. 660), Sec. 11, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter L. Flood Project Funding › Section 16.451. Definitions

Sec. 16.451.  DEFINITIONS.  In this subchapter:
(1)  "Advisory committee" means the Texas Infrastructure Resiliency Fund Advisory Committee.
(2)  "Eligible political subdivision" means a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, a municipality, or a county.
(3)  "Flood project" means a drainage, flood mitigation, or flood control project, including:
(A)  planning and design activities;
(B)  work to obtain regulatory approval to provide structural and nonstructural flood mitigation and drainage;
(C)  construction of structural flood mitigation and drainage infrastructure;
(D)  nonstructural or natural flood control strategies; and
(E)  a federally authorized project to deepen a ship channel affected by a flooding event.
(4)  "Resiliency fund" means the Texas infrastructure resiliency fund.
Added by Acts 2019, 86th Leg., R.S., Ch. 947 (S.B. 7), Sec. 3.01, eff. June 13, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter L. Flood Project Funding › Section 16.452. Texas Infrastructure Resiliency Fund

Sec. 16.452.  TEXAS INFRASTRUCTURE RESILIENCY FUND.  (a)  The Texas infrastructure resiliency fund is a special fund in the state treasury outside the general revenue fund.
(b)  The resiliency fund shall be administered by the board in accordance with this subchapter.
(c)  The board may invest, reinvest, and direct the investment of any available money in the resiliency fund as provided by law for the investment of public funds.
(d)  Investment earnings, interest earned on amounts credited to the resiliency fund, and interest earned on loans made from the fund shall be deposited to the credit of the fund.
Added by Acts 2019, 86th Leg., R.S., Ch. 947 (S.B. 7), Sec. 3.01, eff. June 13, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter L. Flood Project Funding › Section 16.453. Floodplain Management Account

Sec. 16.453.  FLOODPLAIN MANAGEMENT ACCOUNT.  (a)  The floodplain management account is an account of the resiliency fund.
(b)  The account consists of:
(1)  money deposited to the credit of the account under Section 251.004, Insurance Code;
(2)  money directly appropriated to the board; and
(3)  money from gifts or grants from the United States government, local or regional governments, private sources, or other sources.
(c)  The board may use the account to provide financing for activities related to:
(1)  the collection and analysis of flood-related information;
(2)  flood planning, protection, mitigation, or adaptation;
(3)  the provision of flood-related information to the public through educational or outreach programs; or
(4)  evaluating the response to and mitigation of flood incidents affecting residential property, including multifamily units, located in floodplains.
Added by Acts 2019, 86th Leg., R.S., Ch. 947 (S.B. 7), Sec. 3.01, eff. June 13, 2019.
For expiration of this section, see Subsection (j)
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter L. Flood Project Funding › Section 16.455. Federal Matching Account

Sec. 16.455.  FEDERAL MATCHING ACCOUNT.  (a)  The federal matching account is an account in the resiliency fund.
(b)  The board may use the account only to meet matching requirements for projects funded partially by federal money, including projects funded by the United States Army Corps of Engineers.
(c)  The board may use the account to make a loan to an eligible political subdivision below market interest rates and under flexible repayment terms, including a line of credit or loan obligation with early prepayment terms, to provide financing for the local share of a federally authorized ship channel improvement project.
Added by Acts 2019, 86th Leg., R.S., Ch. 947 (S.B. 7), Sec. 3.01, eff. June 13, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter L. Flood Project Funding › Section 16.457. Report Required

Sec. 16.457.  REPORT REQUIRED.  (a)  In this section, "state agency" means:
(1)  a department, commission, board, office, or other agency in the executive branch of state government created by the state constitution or a state statute; and
(2)  a general academic teaching institution as defined by Section 61.003, Education Code.
(b)  A state agency that uses or disburses federal money for flood research, planning, or mitigation projects shall submit a report to the board on a quarterly basis.
(c)  The report must include the following information about federal money used or disbursed for flood research, planning, or mitigation projects:
(1)  the original total of federal money received;
(2)  the amount of the federal money spent or disbursed to date; and
(3)  the eligibility requirements for receiving the federal money.
Added by Acts 2019, 86th Leg., R.S., Ch. 947 (S.B. 7), Sec. 3.01, eff. June 13, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter L. Flood Project Funding › Section 16.458. Applicable Law

Sec. 16.458.  APPLICABLE LAW.  (a)  Subchapter E, Chapter 17, applies to financial assistance made available from the resiliency fund, except that the board may execute contracts as necessary to evidence grant agreements.
(b)  The law regarding uniform grant and contract management, Chapter 783, Government Code, does not apply to a contract for financial assistance made available from the resiliency fund.
Added by Acts 2019, 86th Leg., R.S., Ch. 947 (S.B. 7), Sec. 3.01, eff. June 13, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 108 (S.B. 1890), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter L. Flood Project Funding › Section 16.459. Transparency Requirements

Sec. 16.459.  TRANSPARENCY REQUIREMENTS.  The board shall post the following information on the board's Internet website regarding the use of the resiliency fund and regularly update the information posted:
(1)  the progress made in developing flood projects statewide;
(2)  a description of each flood project that receives money from the resiliency fund, including:
(A)  the expected date of completion of the flood project;
(B)  the current status of the flood project;
(C)  the proposed benefit of the flood project;
(D)  the initial total cost estimate of the flood project and variances to the initial cost estimate exceeding five percent;
(E)  a listing of the eligible political subdivisions receiving money from the resiliency fund;
(F)  a listing of each political subdivision served by each flood project;
(G)  an estimate of matching funds that will be available for the flood project resulting from the use of the resiliency fund; and
(H)  the status of repayment of each loan provided in connection with a flood project, including an assessment of the risk of default based on a standard risk rating system;
(3)  a description of the point system for prioritizing flood projects and the number of points awarded by the board for each flood project;
(4)  any nonconfidential information submitted to the board as part of an application for funding under this subchapter that is approved by the board;
(5)  the administrative and operating expenses incurred by the board in administering the resiliency fund; and
(6)  any other information required by board rule.
Added by Acts 2019, 86th Leg., R.S., Ch. 947 (S.B. 7), Sec. 3.01, eff. June 13, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter L. Flood Project Funding › Section 16.460. Rules

Sec. 16.460.  RULES.  The board shall adopt rules necessary to carry out this subchapter, including rules:
(1)  that establish procedures for an application for and for the award of financial assistance;
(2)  that establish the prioritization system for flood projects that receive money from the resiliency fund;
(3)  for the repayment of a loan from the resiliency fund; and
(4)  for the administration of the resiliency fund.
Added by Acts 2019, 86th Leg., R.S., Ch. 947 (S.B. 7), Sec. 3.01, eff. June 13, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter A. General Provisions › Section 17.002. Open Meetings and Open Records Laws

Sec. 17.002.  OPEN MEETINGS AND OPEN RECORDS LAWS.  Nonprofit water supply corporations which receive any assistance under this chapter are subject to Chapter 551, Government Code, and to Chapter 552, Government Code.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.20.  Amended by Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(78), (90), eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter A. General Provisions › Section 17.003. Bond Review

Sec. 17.003.  BOND REVIEW.  (a)  Bonds may not be issued under this chapter after January 1, 1988, and proceeds of bonds issued after January 1, 1988, may not be used to finance a project unless the issuance or project, as applicable, has been reviewed and approved by the bond review board.
(b)  A member of the bond review board may not be held liable for damages resulting from the performance of the members' functions under this chapter.
(c) Water financial assistance bonds that have been authorized but have not been issued are not considered to be state debt payable from the general revenue fund for purposes of Section 49-j, Article III, Texas Constitution, until the legislature makes an appropriation from the general revenue fund to the board to pay the debt service on the bonds.
(d)  In requesting approval for the issuance of bonds under this chapter, the executive administrator shall certify to the bond review board whether the bonds are reasonably expected to be paid from:
(1)  the general revenues of the state; or
(2)  revenue sources other than the general revenues of the state.
(e)  The bond review board shall verify whether debt service on bonds to be issued by the board under this chapter is state debt payable from the general revenues of the state, in accordance with the findings made by the board in the resolution authorizing the issuance of the bonds and the certification provided by the executive administrator under Subsection (d).
(f)  Bonds issued under this chapter that are designed to be paid from the general revenues of the state shall cease to be considered bonds payable from those revenues if:
(1)  the bonds are backed by insurance or another form of guarantee that ensures payment from a source other than the general revenues of the state; or
(2)  the board demonstrates to the satisfaction of the bond review board that the bonds no longer require payment from the general revenues of the state and the bond review board so certifies to the Legislative Budget Board.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 66, Sec. 7.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 983 (H.B. 1732), Sec. 4, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1233 (S.B. 660), Sec. 12, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.011. Issuance of Water Development Bonds

Sec. 17.011.  ISSUANCE OF WATER DEVELOPMENT BONDS.  (a)  The board, by resolution, from time to time may provide for the issuance of negotiable bonds in an aggregate amount not to exceed $400 million pursuant to Article III, Section 49-c and Section 49-d, of the Texas Constitution, and the issuance of additional negotiable bonds in an aggregate amount not to exceed $200 million pursuant to Article III, Section 49-d-1, of the Texas Constitution, not to exceed $980 million pursuant to Article III, Section 49-d-2, of the Texas Constitution, not to exceed $400 million pursuant to Article III, Section 49-d-6, of the Texas Constitution, and not to exceed $500 million pursuant to Article III, Section 49-d-7, of the Texas Constitution.
(b)  The board, by resolution, from time to time may provide for the issuance of negotiable bonds in an aggregate amount of not to exceed the total principal amount the board has obligated the Texas Water Development Fund for the acquisition of storage facilities by the execution of a contract with the United States or any of its agencies under Article III, Section 49-d, of the Texas Constitution, and to the extent the bond proceeds are utilized to reduce the board's obligation under a contract with the United States or any of its agencies under Article III, Section 49-d, of the Texas Constitution, the bonds may not be considered in determining the aggregate amount of bonds issued under Article III, Sections 49-c, 49-d, 49-d-2, 49-d-6, and 49-d-7, of the Texas Constitution, in addition to the contract with the United States or any of its agencies.
(c)  Notwithstanding any other provision of this section, the board by resolution may issue water financial assistance bonds for any one or more of the purposes described in Section 49-d-8, Article III, Texas Constitution, in an aggregate principal amount not to exceed the amount of bonds authorized by Section 49-d-8, Article III, Texas Constitution, in accordance with the provisions of Subchapter L.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3150, ch. 828, Sec. 1, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 133, Sec. 2.07;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., 2nd C.S., ch. 66, Sec. 3;  Acts 1989, 71st Leg., ch. 1062, Sec. 3;  Acts 1997, 75th Leg., ch. 1010, Sec. 5.06, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.0111. Dedication of Certain Bonds

Sec. 17.0111.  DEDICATION OF CERTAIN BONDS.  No more than $250 million in principal amount of bonds authorized by Article III, Section 49-d-7, of the Texas Constitution, and issued under either that section or Article III, Section 49-d-8, of the Texas Constitution, may be dedicated to the purposes provided by Subchapter K .
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.14.  Amended by Acts 1991, 72nd Leg., ch. 297, Sec. 1;  Acts 1997, 75th Leg., ch. 1010, Sec. 5.07, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.0112. Authorization of Certain Bonds for Financial Assistance

Sec. 17.0112.  AUTHORIZATION OF CERTAIN BONDS FOR FINANCIAL ASSISTANCE.  (a)  The board may issue not more than $25 million in bonds dedicated under Section 17.0111 of this code and may issue not more than $50 million in bonds authorized under Article III, Texas Constitution, during a fiscal year to provide financial assistance for water supply and sewer services as provided under Subchapter K of this chapter.
(b)  On request of the board, the bond review board by resolution may waive during any state fiscal year the limits provided by Subsection (a) and authorize the board to issue an additional amount of bonds if the bond review board finds that the amount of bonds authorized for that state fiscal year has been exhausted or there is not a sufficient amount of bonds to meet needs of the program during the state fiscal year and that the public health and safety require immediate authorization of additional bonds.  Before the bond review board adopts such a resolution, it shall give notice and hold a hearing to determine whether the limits should be waived and the authorization given.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.14.  Amended by Acts 1993, 73rd Leg., ch. 844, Sec. 4, eff. Aug. 30, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 927 (H.B. 467), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.012. Description of Bonds

Sec. 17.012.  DESCRIPTION OF BONDS.  The bonds shall be on a parity and shall be called Texas Water Development Bonds.  The board may issue them in one or several installments and shall date the bonds of each issue.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.013. Sale Price of Bonds

Sec. 17.013.  SALE PRICE OF BONDS.  The board may sell an installment or series of bonds at prices determined by the board.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.014. Interest on Bonds

Sec. 17.014.  INTEREST ON BONDS.  (a)  The bonds of each issue shall bear interest payable annually or semiannually at the option of the board.
(b)  The board may authorize bonds or notes to bear interest at a rate or rates not to exceed the maximum net effective interest rate allowed by law.
(c)  The interest rates under Subsection (b) of this section may be fixed, variable, floating, adjustable, or otherwise, as determined in accordance with the resolution authorizing the issuance of the bonds or notes.  The resolution may provide a formula, index, or contractual arrangement for the periodic determination of interest rates without the requirement of specific approval of each determination by the board.
(d)  The resolution under which the bonds or notes are issued may delegate to one or more designated officers, employees, or agents of the board the authority to act on behalf of the board, while the bonds or notes remain outstanding, in fixing dates, prices, interest rates, interest payment periods, and other procedures specified in the resolution, so that, among other things, the interest on the bonds or notes may be adjusted by the officer, employee, or agent to permit the bonds or notes to be sold or resold in conjunction with secondary market transactions.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.015. Form, Denomination, Place of Payment

Sec. 17.015.  FORM, DENOMINATION, PLACE OF PAYMENT.  The board shall:
(1)  determine the form of the bonds, including the form of any interest coupons to be attached;
(2)  fix the denomination of the bonds;  and
(3)  fix the places of payment of the principal and interest.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.016. Maturity of Bonds

Sec. 17.016.  MATURITY OF BONDS.  The bonds of each issue shall mature, serially or otherwise, not more than 50 years from their date of issuance.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.017. Redemption Before Maturity

Sec. 17.017.  REDEMPTION BEFORE MATURITY.  In the resolution providing for the issuance of bonds, the board may fix the price, terms, and conditions for redemption of bonds before maturity.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.018. Registered and Bearer Bonds

Sec. 17.018.  REGISTERED AND BEARER BONDS.  The resolution may provide for registration of the bonds as to ownership, successive conversion and reconversion from registered to bearer bonds, and successive conversion and reconversion from bearer to registered bonds.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.019. Notice of Bond Sale

Sec. 17.019.  NOTICE OF BOND SALE.  After the board decides to call for bids for the sale of bonds, the board shall publish an appropriate notice of the sale at least one time in one or more recognized financial publications of general circulation published within the state and one or more recognized financial publications published outside the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.020. Competitive Bids

Sec. 17.020.  COMPETITIVE BIDS.  The board shall sell the bonds only after competitive bidding to the highest and best bidder.  The board may reject any or all bids.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.021. Security for Bids

Sec. 17.021.  SECURITY FOR BIDS.  The board shall require every bidder, except administrators of state funds, to include with the bid an exchange or cashier's check for a sum the board considers adequate as a forfeit guaranteeing acceptance of and payment for all bonds covered by the bids and accepted by the board.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.022. Approval of Bonds; Registration

Sec. 17.022.  APPROVAL OF BONDS;  REGISTRATION.  Before bonds are delivered to the purchasers, the bonds and the record pertaining to their issuance shall be submitted to the attorney general for his approval.  When the attorney general's approval is obtained, the bonds shall be registered in the office of the state comptroller.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.023. Execution of Bonds

Sec. 17.023.  EXECUTION OF BONDS.  The bonds shall be executed on behalf of the board as general obligations of the state in the following manner:  the chairman of the board and the development fund manager shall sign the bonds;  the board shall impress its seal on the bonds;  the governor shall sign the bonds;  and the Secretary of State shall attest the bonds and impress on them the state seal.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.024. Facsimile Signatures and Seals

Sec. 17.024.  FACSIMILE SIGNATURES AND SEALS.  The resolution authorizing the issuance of an installment or series of bonds may prescribe the extent to which the board in executing the bonds and appurtenant coupons may use facsimile signatures and facsimile seals instead of manual signatures and manually impressed seals.  Interest coupons may be signed by the facsimile signatures of the chairman of the board and the development fund manager.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.025. Signature of Former Officer

Sec. 17.025.  SIGNATURE OF FORMER OFFICER.  If an officer whose manual or facsimile signature appears on a bond or whose facsimile signature appears on any coupon ceases to be an officer before the bond is delivered, the signature is valid and sufficient for all purposes as if he had remained in office until the delivery had been made.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.026. Bonds Incontestable

Sec. 17.026.  BONDS INCONTESTABLE.  After approval by the attorney general, registration by the comptroller, and delivery to the purchasers, the bonds are incontestable and constitute general obligations of the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.027. Payment by Comptroller

Sec. 17.027.  PAYMENT BY COMPTROLLER.  The comptroller shall pay the principal of the bonds as they mature and the interest as it becomes payable.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 1423, Sec. 20.05, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.028. Payment Enforceable by Mandamus

Sec. 17.028.  PAYMENT ENFORCEABLE BY MANDAMUS.  Payment of the bonds and performance of official duties prescribed by Article III, Sections 49-c, 49-d, 49-d-1, 49-d-2, 49-d-6, and 49-d-7, of the Texas Constitution and by this subchapter may be enforced in any court of competent jurisdiction by mandamus or other appropriate proceeding.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 133, Sec. 2.07;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., 2nd C.S., ch. 66, Sec. 4;  Acts 1989, 71st Leg., ch. 1062, Sec. 3.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter B. Water Development Bonds › Section 17.029. Refunding Bonds

Sec. 17.029.  REFUNDING BONDS.  The board may provide by resolution for the issuance of refunding bonds to refund outstanding bonds issued under this chapter and their accrued interest.  The board may sell the refunding bonds and use the proceeds to retire the outstanding bonds issued under this chapter, exchange the refunding bonds for the outstanding bonds, or refund the bonds in the manner provided by any other applicable statute, including Chapter 1207, Government Code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.406, eff. Sept. 1, 2001.