reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter B. Water Assistance Fund › Section 15.011. Water Assistance Fund

Sec. 15.011.  WATER ASSISTANCE FUND.  (a)  The water assistance fund is created and shall be administered by the board under this chapter and rules adopted by the board.
(b)  After notice and hearing and subject to any limitations established by the General Appropriations Act, the board may transfer money from the fund to the loan fund created under Subchapter C, the storage acquisition fund created under Subchapter E, the research and planning fund created under Subchapter F, the hydrographic survey account created under Subchapter M, provided the hydrographic survey account transfer does not exceed $425,000, the aquatic vegetation management fund created under Subchapter N, the rural community water and wastewater loan fund created under Subchapter O, the colonia self-help account created under Subchapter P, and the rural water assistance fund created under Subchapter R.
(c)  The board may transfer money in the fund to the water bank account to be used by the board for administration and operation of the Texas Water Bank.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1990, 71st Leg., 5th C.S., ch. 3, Sec. 2, eff. June 14, 1990;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.060, eff. Aug. 12, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 10.07, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 477, Sec. 2, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 647, Sec. 3, eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 1461, Sec. 4, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 966, Sec. 4.06, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1234, Sec. 14, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1276, Sec. 18.002, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter B. Water Assistance Fund › Section 15.012. Management of Fund

Sec. 15.012.  MANAGEMENT OF FUND.  (a)  The board may invest, reinvest, and direct the investment of money accumulated in the fund.
(b)  Money appropriated by the legislature to the fund shall be deposited in this fund.  Gifts or grants from the United States government, local or regional governments, private sources, or other sources may be deposited in this fund.
(c)  Money appropriated to the fund by the legislature for a specific purpose stated in Subchapter C, E, F, M, N, O, or P of this chapter  shall be placed in the appropriate fund or account created by that subchapter.
(d)  The money held in the fund may be invested as provided by law for investment of money under Section 404.024, Government Code.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1990, 71st Leg., 5th C.S., ch. 3, Sec. 3, eff. June 14, 1990;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.061, eff. Aug. 12, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 10.08, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 477, Sec. 3, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 844, Sec. 3, eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 1461, Sec. 5, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1234, Sec. 15, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter C. Water Loan Assistance Program › Section 15.101. Water Loan Assistance Fund

Sec. 15.101.  WATER LOAN ASSISTANCE FUND.  (a)  The water loan assistance fund is created, to be funded by direct appropriation and by the board at its discretion from the fund.
(b)  Repayments of loans shall be deposited in the water assistance fund.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 133, Sec. 2.04.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter C. Water Loan Assistance Program › Section 15.103. Application for Assistance

Sec. 15.103.  APPLICATION FOR ASSISTANCE.
(a)  In an application to the board for financial assistance from the loan fund, the applicant shall include:
(1)  the name of each political subdivision or federal agency and its principal officers;
(2)  a citation of the law under which each political subdivision or federal agency operates and was created;
(3)  the total cost of the project;
(4)  the amount of state financial assistance requested;
(5)  the plan for repaying the total cost of the project;
(6)  the water conservation plan required by Section 16.4021; and
(7)  any other information the board requires in order to perform its duties and to protect the public interest.
(b)  The board may not accept an application for a loan or grant of financial assistance from the loan fund unless it is submitted in affidavit form by the officials of the political subdivision or the chief administrator of the federal agency or both these officers and the chief administrator under a joint application.  The board shall prescribe the affidavit form in its rules.
(c)  The rules shall not restrict or prohibit the board from requiring additional factual material from an applicant.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 16(1), eff. September 1, 2019.
(e)  If the applicant claims an exemption under Section 16.4021(d), the applicant shall state the exemption in the application and provide information relating to the exemption as required by board rules.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 133, Sec. 1.05, 2.04;  Acts 1987, 70th Leg., ch. 977, Sec. 9, eff. June 19, 1987;  Acts 1987, 70th Leg., ch. 1103, Sec. 3, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 624, Sec. 2.05, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 16(1), eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter C. Water Loan Assistance Program › Section 15.104. Findings Regarding Permits

Sec. 15.104.  FINDINGS REGARDING PERMITS.  (a)  The board shall not release funds for the construction of that portion of a project that proposes surface water or groundwater development until the executive administrator makes a written finding:
(1)  that an applicant proposing surface-water development has the necessary water right authorizing it to appropriate and use the water that the project will provide;  or
(2)  that an applicant proposing groundwater development has the right to use water that the project will provide.
(b)  The board may release funds for the costs of planning, engineering, architectural, legal, title, fiscal, or economic investigation, studies, surveys, or designs before making the finding required under Subsection (a) if the executive administrator determines that a reasonable expectation exists that the finding will be made before the release of funds for construction.
(c)  If an applicant includes a proposal for a waste water treatment plant, the board may not deliver funds for the waste water treatment plant until the applicant has received a permit for construction and operation of the waste water treatment plant and approval of the plans and specifications from the commission.  If the applicant proposes a waste water treatment plant that is located outside of the jurisdiction of this state and that is not subject to the permitting authority of the commission, the board must review the plans and specifications in coordination with the commission and find that the waste water treatment plant is capable of producing effluent that will meet federal and state-approved water quality standards.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 133, Sec. 2.04;  Acts 1985, 69th Leg., ch. 795, Sec. 1.040, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 246, Sec. 1, eff. Aug. 31, 1987;  Acts 1987, 70th Leg., ch. 1103, Sec. 4, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 624, Sec. 2.06, eff. Sept. 1, 1989;  Acts 2001, 77th Leg., ch. 1234, Sec. 17, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter C. Water Loan Assistance Program › Section 15.105. Considerations in Passing on Application

Sec. 15.105.  CONSIDERATIONS IN PASSING ON APPLICATION.  (a)  In passing on an application for financial assistance from the loan fund, the board shall consider but is not limited to:
(1)  the needs of the area to be served by the project and the benefit of the project to the area in relation to the needs of other areas requiring state assistance in any manner and the benefits of those projects to the other areas;
(2)  the availability of revenue to the applicant from all sources for the ultimate repayment of the cost of the project, including all interest;
(3)  the relationship of the project to overall statewide needs;
(4)  the ability of the applicant to finance the project without state assistance;
(5)  for applications for grants or loans for economically distressed areas or nonborder colonias, the regulatory efforts by the county in which the project is located to control the construction of subdivisions that lack basic utility services;  and
(6)  for applications for grants under Section 15.102(b)(2), the ability of the applicant to construct the project without the grant and the benefits of the project to water and wastewater needs of the state.
(b)  The board by rule shall further define eligibility for grants under this subchapter.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 133, Sec. 2.04;  Acts 1987, 70th Leg., ch. 1103, Sec. 5, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 624, Sec. 2.07, eff. Sept. 1, 1989;  Acts 2001, 77th Leg., ch. 966, Sec. 4.08, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1367, Sec. 11.04, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter C. Water Loan Assistance Program › Section 15.106. Approval of Application

Sec. 15.106.  APPROVAL OF APPLICATION.  (a)  The board, by resolution, may approve an application for financial assistance if after considering the factors listed in Section 15.105 of this code and any other relevant factors, the board finds:
(1)  that the public interest requires state participation in the project;  and
(2)  that in its opinion the revenue or taxes pledged by the political subdivision will be sufficient to meet all the obligations assumed by the political subdivision.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 16(2), eff. September 1, 2019.
(b-1)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 16(2), eff. September 1, 2019.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 16(2), eff. September 1, 2019.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 16(2), eff. September 1, 2019.
(e)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 16(2), eff. September 1, 2019.
(f)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 16(2), eff. September 1, 2019.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 133, Sec. 1.07;  Acts 1987, 70th Leg., ch. 977, Sec. 10, eff. June 19, 1987;  Acts 1989, 71st Leg., ch. 624, Sec. 2.08, eff. Sept. 1, 1989;  Acts 2001, 77th Leg., ch. 966, Sec. 4.09, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 688, Sec. 2, eff. June 20, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 16(2), eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter C. Water Loan Assistance Program › Section 15.107. Method of Making Financial Assistance Available

Sec. 15.107.  METHOD OF MAKING FINANCIAL ASSISTANCE AVAILABLE.  (a)  The board may make financial assistance available to successful applicants in any manner that it considers economically feasible including:
(1)  contracts or agreements with a political subdivision for the payment of the principal of or interest on or both the principal of and interest on bonds or other obligations issued or to be issued by the political subdivision;
(2)  contracts or agreements with a political subdivision for the purpose of providing the political subdivision's share of any cost-sharing required as a participant in or local sponsor of any federal project;
(3)  purchase of the bonds or other obligations of a political subdivision for the purpose of completely or partially financing the project for which the application is being submitted;  or
(4)  contracts or agreements for the receipt of funds and performance of obligations in relation to any grant of funds provided by the board.
(b)  Contracts or agreements entered into under Subdivision (1) of Subsection (a) of this section may cover all or any part of the debt service requirements in a given year and may cover debt service requirements in as many years of an issue as the board considers appropriate.
(c)  In a determination on a loan for financial assistance, the board may approve interest deferral or the capitalization of interest costs and may approve periods of repayment for the loans of up to 50 years.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 133, Sec. 2.04;  Acts 1987, 70th Leg., ch. 1103, Sec. 6, eff. Sept. 1, 1987;  Acts 2001, 77th Leg., ch. 966, Sec. 4.10, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter C. Water Loan Assistance Program › Section 15.1071. Sale of Political Subdivision Bonds to Texas Water Resources Finance Authority

Sec. 15.1071.  SALE OF POLITICAL SUBDIVISION BONDS TO TEXAS WATER RESOURCES FINANCE AUTHORITY.  (a)  Notwithstanding any other provision of this chapter, the board may sell to the Texas Water Resources Finance Authority any political subdivision bonds purchased with money in the water loan assistance fund and may apply the proceeds of a sale in the manner provided by this section.
(b)  The board shall sell the political subdivision bonds at the price and under the terms that it determines to be reasonable.
(c)  The board may sell political subdivision bonds to the Texas Water Resources Finance Authority without making a previous offer to the political subdivisions and without advertising, soliciting, or receiving bids for the sale.
(d)  The board may enter into a contract with the Texas Water Resources Finance Authority to sell to the authority political subdivision bonds that are not owned by the board.  For bonds sold under this subsection, the contract may provide that the board will receive from the authority the sales price for the political subdivision bonds in exchange for the board's agreement to transfer to the authority political subdivision bonds subsequently acquired by the board and to pay to the authority from the investment income received on the water assistance fund or the water loan assistance fund any amounts considered appropriate including without limitation an amount equal to the proportionate share of that investment income attributable to the money used to purchase the political subdivision bonds.
(e)  Proceeds from the sale of bonds under this section shall be deposited in the water assistance fund and used for the purposes and in the manner provided by law.
(f)  As part of a sales agreement with the Texas Water Resources Finance Authority, the board by contract may agree to perform the functions required to ensure that the political subdivisions pay the debt service on political subdivision bonds sold and observe the conditions and requirements stated in those bonds.
(g)  The board may exercise any powers necessary to carry out the authority granted by this section including the authority to contract with any person to accomplish the purposes of this section.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 3, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter C. Water Loan Assistance Program › Section 15.109. Delivery of Loans of Financial Assistance

Sec. 15.109.  DELIVERY OF LOANS OF FINANCIAL ASSISTANCE.  (a)  As money becomes available in the loan fund, the board shall deliver the funds under the approved applications.
(b)  The board shall deliver money in the fund that is provided by legislative appropriation in the manner provided by and subject to the restrictions of the legislative appropriation.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.04.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter C. Water Loan Assistance Program › Section 15.110. Requirements for Political Subdivisions and Federal Agencies

Sec. 15.110.  REQUIREMENTS FOR POLITICAL SUBDIVISIONS AND FEDERAL AGENCIES.  (a)  Subject only to constitutional limitations, all contracting political subdivisions may issue and execute those bonds, notes, or other obligations necessary to conform to and comply with repayment obligations adopted by the board.
(b)  Loans of financial assistance under this subchapter shall be repaid to the board, and the payments made to the board for these loans of financial assistance shall be made in compliance with terms and conditions established by the board.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 133, Sec. 2.04;  Acts 1989, 71st Leg., ch. 624, Sec. 2.09, 2.10, eff. Sept. 1, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter C. Water Loan Assistance Program › Section 15.111. Approval and Registration

Sec. 15.111.  APPROVAL AND REGISTRATION.  The board shall not contract for the payment of the principal of or interest on or both the principal of and interest on any bonds or other obligations that have not been approved by the attorney general and registered by the comptroller.
Formerly Sec. 15.108, added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Renumbered by Acts 1985, 69th Leg., ch. 133, Sec. 2.04.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter C. Water Loan Assistance Program › Section 15.112. Contracts Incontestable

Sec. 15.112.  CONTRACTS INCONTESTABLE.  Contracts entered into by the board for the payment of the principal of or interest on or both the principal of and interest on bonds or other obligations issued by a political subdivision are valid, binding, and incontestable after:
(1)  approval of the bonds or other obligations by the attorney general;
(2)  registration of the bonds or other obligations by the comptroller;  and
(3)  purchase by and delivery of the bonds or other obligations to the purchaser.
Formerly Sec. 15.109, added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Renumbered by Acts 1985, 69th Leg., ch. 133, Sec. 2.04.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter C. Water Loan Assistance Program › Section 15.113. Inspection of Projects

Sec. 15.113.  INSPECTION OF PROJECTS.  (a)  The board may inspect the construction of a project any time to assure that:
(1)  the contractor is substantially complying with the approved engineering plans of the project;  and
(2)  the contractor is constructing the project in accordance with sound engineering principles.
(b)  Inspection of a project by the board does not subject the state to any civil liability.
Formerly Sec. 15.110, added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.040, eff. Sept. 1, 1985.  Renumbered by Acts 1985, 69th Leg., ch. 133, Sec. 2.04.  Amended by Acts 1987, 70th Leg., ch. 977, Sec. 11, eff. June 19, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter C. Water Loan Assistance Program › Section 15.114. Alteration of Plans

Sec. 15.114.  ALTERATION OF PLANS.  After approval of engineering plans, a political subdivision or federal agency shall not make any substantial or material alteration in the plans unless the executive administrator authorizes the alteration.  For a waste water treatment plant or other facility required to have commission approval of plans and specifications, the commission must give its approval before a substantial or material alteration is made in those plans.
Formerly Sec. 15.111, added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.040, eff. Sept. 1, 1985.  Renumbered by Acts 1985, 69th Leg., ch. 133, Sec. 2.04.  Amended by Acts 1987, 70th Leg., ch. 977, Sec. 12, eff. June 19, 1987;  Acts 1989, 71st Leg., ch. 624, Sec. 2.11, eff. Sept. 1, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter C. Water Loan Assistance Program › Section 15.115. Certificate of Approval

Sec. 15.115.  CERTIFICATE OF APPROVAL.  The executive administrator may consider the following as grounds for refusal to give a certificate of approval for any construction contract:
(1)  failure to construct the project according to the approved plans;
(2)  failure to construct the works in accordance with sound engineering principles;  or
(3)  failure to comply with any terms of the contract.
Formerly Sec. 15.112, added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.040, eff. Sept. 1, 1985.  Renumbered by Acts 1985, 69th Leg., ch. 133, Sec. 2.04.  Amended by Acts 1987, 70th Leg., ch. 977, Sec. 12, eff. June 19, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter C. Water Loan Assistance Program › Section 15.116. Sale of Bonds by the Board

Sec. 15.116.  SALE OF BONDS BY THE BOARD.  The board may sell or dispose of bonds or other obligations purchased with money in the water loan assistance fund.
Added by Acts 1987, 70th Leg., ch. 1103, Sec. 7, eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter C. -1. New Water Supply for Texas Fund › Section 15.151. Definition

Sec. 15.151.  DEFINITION.  In this subchapter, "fund" means the new water supply for Texas fund.
Added by Acts 2023, 88th Leg., R.S., Ch. 457 (S.B. 28), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter C. -1. New Water Supply for Texas Fund › Section 15.152. Fund

Sec. 15.152.  FUND.  (a)  The new water supply for Texas fund is a special fund in the state treasury administered by the board.  The fund consists of:
(1)  money appropriated for transfer or deposit to the credit of the fund;
(2)  money the board transfers to the fund from any available source;
(3)  depository interest allocable to the fund and other investment returns on money in the fund;
(4)  money from gifts, grants, or donations to the fund; and
(5)  any other fees or sources of revenue that the legislature may dedicate for deposit to the fund.
(b)  The fund is exempt from the application of Section 403.095, Government Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 457 (S.B. 28), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter C. -1. New Water Supply for Texas Fund › Section 15.153. Use of Fund

Sec. 15.153.  USE OF FUND.  (a)  The board by rule shall undertake to finance projects through the fund that will lead to seven million acre-feet of new water supplies by December 31, 2033.
(b)  The fund may be used to:
(1)  provide financial assistance to political subdivisions to develop water supply projects that create new water sources for the state, including:
(A)  desalination projects, including marine and brackish water desalination;
(B)  produced water treatment projects, other than projects that are only for purposes of oil and gas exploration;
(C)  aquifer storage and recovery projects; and
(D)  the development of infrastructure to transport water that is made available by a project described by this subdivision;
(2)  make transfers from the fund:
(A)  to the state water implementation fund for Texas established under Subchapter G or the Texas Water Development Fund II established under Subchapter L, Chapter 17; and
(B)  for a purpose described by Subdivision (1); and
(3)  make transfers from the fund to the water bank account established under Section 15.707.
(c)  The fund may be used for any purpose described by Subsection (b) under criteria developed by the board.  A loan made from the fund under this subchapter may provide for repayment terms of up to 30 years, in the board's discretion.
(d)  Financial assistance for a purpose described by Subsection (b)(1):
(1)  may be provided for a qualifying project under Chapter 2267, Government Code, only if the project complies with that chapter; and
(2)  may not be provided for expenses associated with the maintenance or operation of a water supply project described by Subsection (b)(1).
Added by Acts 2023, 88th Leg., R.S., Ch. 457 (S.B. 28), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter C. -1. New Water Supply for Texas Fund › Section 15.154. Financial Assistance

Sec. 15.154.  FINANCIAL ASSISTANCE.  (a)  The board shall adopt rules necessary to administer this subchapter, including rules establishing procedures for the application for and award of financial assistance, the distribution of financial assistance, the investment of funds, and the administration of financial assistance and the fund.
(b)  When evaluating an application for financial assistance from a political subdivision, the board shall consider:
(1)  the intended end users of the water supply, the needs of the area to be served by the project, the expected benefit of the project to the area, the relationship of the project to the water supply needs of this state overall, and the relationship of the project to the state water plan;
(2)  the amount of water expected to be produced by the project; and
(3)  the availability of money or revenue to the political subdivision from all sources for the ultimate repayment of the cost of the project, including all interest.
(c)  The board by resolution may approve an application if, after considering the factors listed in Subsection (b) and other relevant factors, the board finds that:
(1)  the public interest is served by state assistance for the project; and
(2)  for an application for financial assistance in the form of a loan, the money or revenue pledged by the political subdivision will be sufficient to meet all the obligations assumed by the political subdivision during the term of the loan.
(d)  The repayment of principal or interest on a loan made under this subchapter must be deposited to the credit of the Texas water fund.  This subsection does not apply to a loan made under other law with money transferred under Section 15.153(b)(2).
(e)  An application from a political subdivision for financial assistance under this subchapter must comply with the requirements of Section 16.4021.
(f)  Sections 17.183-17.187 apply to the construction of projects funded under this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 457 (S.B. 28), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter D. Water Bond Insurance Program › Section 15.201. Definitions

Sec. 15.201.  DEFINITIONS.  (a)  In this subchapter:
(1)  "Program" means the water bond insurance program.
(2)  "Bonds" means bonds or other obligations of a political subdivision or water supply corporation issued to provide funds for a project defined in Subsection (b) of this section.
(3)  "Insured bonds" means bonds or other obligations insured by the state under this subchapter.
(4)  "Issuer" means a political subdivision or water supply corporation issuing bonds or other obligations eligible to be insured under the program.
(5)  "Water supply corporation" means a nonprofit water supply corporation created and operating under Chapter 67.
(b)  Notwithstanding the definition in Subdivision (6), Section 15.001, of this code, in this subchapter, "project" means any undertaking or work to conserve, convey, and develop surface or subsurface water resources of the state, to provide for the maintenance and enhancement of the quality of the water of the state, to provide for flood control and drainage, to provide recharge or chloride control, or to provide for desalinization, and to carry out other purposes defined by board rules.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.05.  Amended by Acts 1991, 72nd Leg., ch. 516, Sec. 2, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 62, Sec. 18.55, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter D. Water Bond Insurance Program › Section 15.202. Creation and Administration of Program

Sec. 15.202.  CREATION AND ADMINISTRATION OF PROGRAM.  (a)  The water bond insurance program is created pursuant to Article III, Section 49-d-4, of the Texas Constitution to insure to holders of insured bonds that in the event of default or impending default the state will pay, to the extent authorized by this subchapter, the principal of or interest on or both principal of and interest on the bonds.
(b)  The board shall administer the program in the manner provided by this subchapter and by rules of the board.
(c)  The legislature, in accordance with authorization provided by Article III, Section 49-d-4, of the Texas Constitution, authorizes the existence of the program to continue beyond the expiration date of the program provided by Subsection (g) of that section.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.05.  Amended by Acts 1991, 72nd Leg., ch. 52, Sec. 2, eff. May 1, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter D. Water Bond Insurance Program › Section 15.203. Eligible Bonds

Sec. 15.203.  ELIGIBLE BONDS.  (a)  Only revenue, general obligation, tax, or combination bonds issued by a political subdivision or a water supply corporation for a project qualifying for assistance under this subchapter and board rules are eligible to be insured under the program.
(b)  Bonds issued for a term longer than 50 years are not eligible to be insured under the program.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.05.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter D. Water Bond Insurance Program › Section 15.204. Rules

Sec. 15.204.  RULES.  The board shall adopt necessary rules to carry out this subchapter.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.05.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter D. Water Bond Insurance Program › Section 15.205. Insurance

Sec. 15.205.  INSURANCE.  The board may pledge the general credit of the state, to the extent authorized by Article III, Section 49-d-4, of the Texas Constitution, to insure the payment of the principal of or interest on or both the principal of and interest on eligible bonds issued by an issuer in the event of default or impending default of the insured bonds.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.05.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter D. Water Bond Insurance Program › Section 15.206. Application for Insurance

Sec. 15.206.  APPLICATION FOR INSURANCE.  (a)  An issuer may apply in writing to the board for the insurance of its bonds.
(b)  The application must include the following information:
(1)  the name of the issuer;
(2)  citations of the laws under which the issuer is created and operates and under which the bonds to be insured are to be issued;
(3)  the total amount of bonds for which insurance coverage is sought and the anticipated interest rate on the bonds;
(4)  the term for which the bonds are to be issued;
(5)  the purpose or purposes for which the bonds are to be issued;
(6)  financial information relating to the issuance of the bonds and to the financial stability and future of the issuer;
(7)  the water conservation plan required by Section 16.4021; and
(8)  any other information the board requires by its rules or otherwise considers necessary in making a determination of the application.
(c)  The board by rule shall prescribe the form and procedure for submitting and processing an application.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.05.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter D. Water Bond Insurance Program › Section 15.207. Considerations in Passing on Application

Sec. 15.207.  CONSIDERATIONS IN PASSING ON APPLICATION.  In addition to criteria established in its rules, the board in passing on an application shall consider:
(1)  the purpose or purposes for which the issuer is issuing the bonds;
(2)  the financial ability of the issuer to meet its obligations under the bonds;
(3)  the risk to the State of Texas in insuring the bonds and the ability of the state to pay the insurance coverage;  and
(4)  the needs of the area to be served by the project and the benefit of the project to the area in relation to the needs of other areas requiring similar state assistance and the benefits of those projects to other areas.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.05.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter D. Water Bond Insurance Program › Section 15.208. Approval of Application

Sec. 15.208.  APPROVAL OF APPLICATION.  (a)  After notice and hearing, the board by resolution may approve an application if, after considering the information in the application and presented at the hearing, criteria established by this subchapter, and the rules and other relevant factors, the board finds:
(1)  that the bonds are being issued to finance a project that serves the public interest;
(2)  that there is strong evidence and a high degree of certainty that the issuer will be able to meet its obligations under the bonds;  and
(3)  that an applicant proposing surface water development has the necessary water right authorizing it to appropriate and use the water which the project will provide.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 16(3), eff. September 1, 2019.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 16(3), eff. September 1, 2019.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 16(3), eff. September 1, 2019.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.05.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 16(3), eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter D. Water Bond Insurance Program › Section 15.209. Contracts, Agreements, and Other Documents

Sec. 15.209.  CONTRACTS, AGREEMENTS, AND OTHER DOCUMENTS.  (a)  On approval of an application, the board shall enter into a contract with the issuer for the insurance of the bonds on terms and conditions agreed to by the parties.  The terms and conditions must comply with this subchapter and rules adopted by the board.
(b)  The insurance contract shall include:
(1)  the extent of the insurance coverage;
(2)  the terms and conditions of the insurance coverage;
(3)  rights in addition to those provided by law reserved by the board against the issuer in the event the board must pay all or part of the insurance coverage;  and
(4)  any other provision required in order to be in compliance with the board's rules.
(c)  The board shall execute any other documents necessary to legally bind the state to insure payment to the bondholders on default or impending default.
(d)  For the insurance coverage of bonds to be effective, it must be approved by the attorney general as to the legality of the insurance coverage.  Documents relating to the insurance of the bonds shall be submitted to the attorney general for approval at the same time as the bonds and records relating to the issuance of the bonds are submitted for approval.  The bonds issued by a political subdivision or water supply corporation and the insurance coverage approved by the board are valid, binding, and incontestable after:
(1)  approval by the attorney general;
(2)  registration by the comptroller;  and
(3)  payment by and delivery to the buyer.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.05.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter D. Water Bond Insurance Program › Section 15.210. Limitation on Insurance Coverage

Sec. 15.210.  LIMITATION ON INSURANCE COVERAGE.  (a)  Except as provided by Subsection (c) of this section, the total principal balance of all insurance coverage issued by the board and outstanding may not exceed the dollar amount that equals two times the maximum amount of money that the state is authorized to pay under the program by the constitution.
(b)  The board may not approve insurance coverage in any state fiscal year that exceeds a total of $100 million for all applicants.
(c)  The legislature, by a two-thirds vote of each house, may change the limitations provided by Subsections (a) and (b) of this section.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.05.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter D. Water Bond Insurance Program › Section 15.211. Insurance Fees

Sec. 15.211.  INSURANCE FEES.  (a)  The board shall adopt a schedule of fees to be charged an issuer for insurance coverage provided under this subchapter.
(b)  Fees charged by the board under this section shall be calculated to provide a reasonable reserve against defaults and impending defaults.
(c)  Fees collected under this section shall be deposited in a special reserve fund created in the state treasury for the purpose of paying amounts on default or impending default of any bonds without resorting to the general credit of the state.  The board may invest any money credited to the reserve fund in investments authorized by law for state deposits.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.05.  Amended by Acts 1987, 70th Leg., ch. 1103, Sec. 8, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 308, Sec. 1, eff. June 14, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter D. Water Bond Insurance Program › Section 15.212. Payment by State

Sec. 15.212.  PAYMENT BY STATE.  (a)  On receipt by the executive administrator from the paying agent for any insured bond of a written notice by registered or certified mail that a payment on the bond is due but has not been made to the paying agent by the issuer and that the issuer's reserves are insufficient to cover the payment, the executive administrator shall have a deposit of funds made with the paying agent sufficient to cover the payment due on the bond less any amount already held by the paying agent to pay the principal of and interest on the bond.
(b)  On transfer of the payment to the paying agent under Subsection (a) of this section and on receipt of the uncanceled bond or coupon, the state becomes the owner of the bond or coupon and is subrogated to the rights of the bondholder with respect to the amount paid by the state.
(c)  After making payment on the bonds under Subsection (a) of this section, the board shall attempt to collect from the issuer the amount paid by the state.  The board may enter into agreements for the issuer to pay those claims, may enforce any provisions of the bonds relating to actions that may be taken by bondholders on default, or may sue the issuer to collect amounts paid by the state.  The attorney general, at the request of the board, shall take all necessary legal action to assist the board in carrying out this subsection.
(d)  Money collected under Subsection (c) of this section shall be deposited in the special reserve fund up to the amount used from that fund to pay the defaulted bonds.  Any remaining money collected and not deposited in that fund shall be deposited in the general revenue fund.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.05.  Amended by Acts 1987, 70th Leg., ch. 977, Sec. 13, eff. June 19, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter D. Water Bond Insurance Program › Section 15.213. Refunding Bonds

Sec. 15.213.  REFUNDING BONDS.  Without the express written consent of the board, insurance provided by the board under this subchapter shall not extend to refunding bonds issued to replace bonds that have been insured by the board.  The board may give its consent under procedures provided by its rules.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.05.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter D. Water Bond Insurance Program › Section 15.214. Inspection of Projects

Sec. 15.214.  INSPECTION OF PROJECTS.  (a)  The board may inspect at any time the construction of a project being constructed with proceeds of revenue bonds insured by the board to assure that:
(1)  the contractor is substantially complying with the approved engineering plans of the project;  and
(2)  the contractor is constructing the project in accordance with sound engineering principles.
(b)  Inspection of a project by the board does not subject the state to any civil liability.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.05.  Amended by Acts 1987, 70th Leg., ch. 977, Sec. 14, eff. June 19, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter D. Water Bond Insurance Program › Section 15.215. Alteration of Plans

Sec. 15.215.  ALTERATION OF PLANS.  After approval of engineering plans, a political subdivision or water supply corporation may not make any substantial or material alteration in the plans unless the executive administrator authorizes the alteration.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.05.  Amended by Acts 1987, 70th Leg., ch. 977, Sec. 14, eff. June 19, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter D. Water Bond Insurance Program › Section 15.216. Certificate of Approval

Sec. 15.216.  CERTIFICATE OF APPROVAL.  The board may consider the following as grounds for refusal to give a certificate of approval for any construction contract:
(1)  failure to construct the project according to approved plans;
(2)  failure to construct the project in accordance with sound engineering principles;  or
(3)  failure to comply with any terms of the contract.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.05.  Amended by Acts 1987, 70th Leg., ch. 977, Sec. 14, eff. June 19, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter D. Water Bond Insurance Program › Section 15.217. Open Records and Open Meetings Laws

Sec. 15.217.  OPEN RECORDS AND OPEN MEETINGS LAWS.  Water supply corporations receiving any assistance under this Act are subject to Chapter 552, Government Code, and Chapter 551, Government Code.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.05.  Amended by 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 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.301. Fund Created

Sec. 15.301.  FUND CREATED.  There is created a fund in the state treasury to be known as the storage acquisition fund which is to be funded by direct appropriations and by transfers from the fund at the discretion of the board.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 133, Sec. 2.06.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.302. Authorized Projects

Sec. 15.302.  AUTHORIZED PROJECTS.  (a)  The board may use the storage acquisition fund for projects including the design, acquisition, lease, construction, reconstruction, development, or enlargement in whole or part of any existing or proposed water storage project.
(b)  In addition, the board may, at its discretion and in accordance with its rules, contract with a political subdivision, under terms and conditions established by the board, to pay the principal of or interest on or both the principal of and interest on bonds or other obligations issued or to be issued by a political subdivision.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.303. Joint Ventures

Sec. 15.303.  JOINT VENTURES.  The board may act singly or in a joint venture in partnership with any political subdivision, with the United States, or with any other state to the extent permitted by law.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.