reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.896. Repayment Proceeds

Sec. 17.896.  REPAYMENT PROCEEDS.  The board shall designate a transfer of repayment of principal and interest on a loan made under this subchapter to the fund, the interest and sinking fund, or any account in the funds.
Added by Acts 1989, 71st Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 200, Sec. 19(l), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 352, Sec. 12, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.897. Conservation Program

Sec. 17.897.  CONSERVATION PROGRAM.  (a)  A conservation program is:
(1)  an agricultural water conservation technical assistance program, including a program for an on-farm soil and water conservation plan developed jointly by a landowner, an operator, and a local soil and water conservation district as provided by Subchapter H, Chapter 201, Agriculture Code;
(2)  a research, demonstration, technology transfer, or educational program relating to agricultural water use and conservation;
(3)  a precipitation enhancement program in an area of the state where the program, in the board's judgment, would be most effective;  and
(4)  any other agricultural water conservation program defined by board rule.
(b)  The costs of a conservation program eligible for financial assistance under Section 17.899 are the costs of the capital equipment, materials, labor, preparation, installation, or administration directly associated with implementing and completing the program.
Added by Acts 1989, 71st Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 200, Sec. 19(m), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 352, Sec. 13, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.898. Conservation Project

Sec. 17.898.  CONSERVATION PROJECT.  (a)  A conservation project is a project that:
(1)  improves water use efficiency of water delivery and application on existing irrigation systems;
(2)  prepares irrigated land for conversion to dryland conditions;
(3)  prepares dryland for more efficient use of natural precipitation;
(4)  purchases and installs on public or private property devices designed to indicate the amount of water withdrawn for irrigation purposes;
(5)  prepares and maintains land to be used for brush control activities in areas of the state where those activities in the board's judgment would be most effective, including activities conducted under Chapter 203, Agriculture Code;  or
(6)  implements any other agricultural water conservation project defined by board rule.
(b)  The costs of a conservation project eligible for financial assistance under Section 17.899 are the costs of the capital equipment, materials, labor, preparation, installation, or administration directly associated with implementing and completing the project.
Added by Acts 1989, 71st Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 200, Sec. 19(n), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 352, Sec. 14, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.899. Eligible Fund Uses

Sec. 17.899.  ELIGIBLE FUND USES.  (a)  Money in the fund, excluding money in the interest and sinking fund, may be used by the board to:
(1)  provide a grant to a state agency to fund a conservation program or conservation project, including a conservation program that provides funding to a political subdivision or person for a conservation project;
(2)  provide a grant or loan to a political subdivision for a conservation program or conservation project;
(3)  provide a linked deposit to an eligible financial institution for a loan to a person for a conservation project;
(4)  pay for a board conservation program;
(5)  make a transfer to the interest and sinking fund;
(6)  pay the costs of a bond issuance;  and
(7)  pay for a board expense in administering the agricultural water conservation program under this subchapter.
(b)  Money in the interest and sinking fund may be used for the payment of bonds or, to the extent there are funds in excess of bond payment requirements, for transfers to the fund, or any other account in the funds.
(c)  The board shall transfer back to the state water implementation fund for Texas any money disbursed to the fund as described by Section 17.895(6) if the requirements of Section 15.435 are satisfied.
Added by Acts 1989, 71st Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 477, Sec. 15, eff. Aug. 30, 1993;  Acts 2003, 78th Leg., ch. 200, Sec. 19(o), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 352, Sec. 15, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 2.15, eff. November 5, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.900. Grant to State Agency

Sec. 17.900.  GRANT TO STATE AGENCY.  (a)  A state agency seeking a grant for a conservation program or conservation project must file an application with the board.
(b)  In reviewing an application for a grant, the board shall consider:
(1)  the commitment of the state agency to water conservation;  and
(2)  the benefits that will be gained by making the grant.
(c)  To approve the grant, the board must find that:
(1)  the grant funds will supplement rather than replace money of the state agency;
(2)  the public interest is served by providing the grant;  and
(3)  the grant will further water conservation in the state.
(d)  If a state agency is applying for funds that have been provided by legislative appropriation for such state agency, the board shall review the application according to the terms of the legislative appropriation.  To approve such grant, the board shall make the determination required by the legislative language.
(e)  The board may make money available to a state agency in any manner that it considers feasible, including a grant agreement with the state agency.
Added by Acts 1989, 71st Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 200, Sec. 19(p), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 352, Sec. 16, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.901. Grant or Loan to Political Subdivision

Sec. 17.901.  GRANT OR LOAN TO POLITICAL SUBDIVISION.  The board may make a grant or loan to a political subdivision for a conservation program or conservation project.  A political subdivision seeking a grant or loan must file an application with the board.
Added by Acts 1989, 71st Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 200, Sec. 19(q), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 352, Sec. 17, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.902. Review of Application for and Approval of Grant

Sec. 17.902.  REVIEW OF APPLICATION FOR AND APPROVAL OF GRANT.  (a)  In reviewing an application by a political subdivision for a grant, the board shall consider:
(1)  the degree to which the political subdivision has used other available resources to finance the use for which the application is being made;
(2)  the willingness and ability of the political subdivision to raise revenue;
(3)  the commitment of the political subdivision to water conservation;  and
(4)  the benefits that will be gained by making the grant.
(b)  To approve a grant to a political subdivision, the board must find that:
(1)  the grant funds will supplement rather than replace money of the political subdivision;
(2)  the public interest is served by providing the grant;  and
(3)  the grant will further water conservation in the state.
Added by Acts 1989, 71st Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 200, Sec. 19(r), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 352, Sec. 18, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.9021. Application for and Approval of Loan

Sec. 17.9021.  APPLICATION FOR AND APPROVAL OF LOAN.  (a)  In reviewing an application by a political subdivision for a loan, the board shall consider the ability of the political subdivision to repay the loan and whether the loan will further water conservation in this state.
(b)  To approve a loan to a political subdivision, the board must determine that:
(1)  the public interest is served by providing the loan;
(2)  the political subdivision has the ability to repay the loan;  and
(3)  the loan will further water conservation in the state.
(c)  The board by rule shall establish the rate of interest it charges for a loan to a political subdivision.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 19(s), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 352, Sec. 19, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.9022. Financing of Grant or Loan for Political Subdivision; Default; Venue

Sec. 17.9022.  FINANCING OF GRANT OR LOAN FOR POLITICAL SUBDIVISION; DEFAULT; VENUE.   The board may make a loan or grant available to a political subdivision in any manner the board considers economically feasible, including purchase of bonds or securities of the political subdivision or execution of a loan or grant agreement with the political subdivision.  The board may not purchase bonds or securities that have not been approved by the attorney general and registered by the comptroller.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 19(s), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 352, Sec. 19, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1233 (S.B. 660), Sec. 13, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.903. Contract Authority

Sec. 17.903.  CONTRACT AUTHORITY.  (a)  A political subdivision may borrow money for the purposes of this subchapter and may adopt necessary rules to carry out this subchapter.
(b)  The board shall have the power to enter into any contracts to carry out the provisions of this subchapter.
Added by Acts 1989, 71st Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 32, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 200, Sec. 19(t), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 352, Sec. 20, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.904. Linked Deposit

Sec. 17.904.  LINKED DEPOSIT.  A linked deposit is a deposit governed by a written deposit agreement between the board and an eligible lending institution that provides that:
(1)  the eligible lending institution pay interest on the deposit at a rate determined by the board;
(2)  the state not withdraw any part of the deposit before the expiration of a period set by a written advance notice of the intention to withdraw;  and
(3)  the eligible lending institution agree to lend the value of the deposit to a person at a maximum rate that is the rate paid by the eligible lending institution to the board plus a maximum of four percent.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 19(u), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 352, Sec. 21, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.905. Linked Deposit Program

Sec. 17.905.  LINKED DEPOSIT PROGRAM.  (a)  The board by rule may establish an agricultural water conservation linked deposit program in accordance with this subchapter.
(b)  An eligible lending institution may participate in the program established under this section as provided by this subchapter.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 19(u), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 352, Sec. 21, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.906. Application by Eligible Lending Institutions to Participate in Linked Deposit Program

Sec. 17.906.  APPLICATION BY ELIGIBLE LENDING INSTITUTIONS TO PARTICIPATE IN LINKED DEPOSIT PROGRAM.  To participate in the agricultural water conservation linked deposit program, an eligible lending institution must:
(1)  solicit loan applications, which must contain a description of an agricultural water conservation project;
(2)  review applications to determine if applicants are eligible and creditworthy;  and
(3)  submit the applications of eligible and creditworthy applicants to the executive administrator with a certification:
(A)  of the interest rate applicable to each applicant by the eligible lending institution;  and
(B)  of the soil and water conservation district in which an applicant is located by a director of the district that states that:
(i)  the applicant of the proposed project has a soil and water conservation plan approved by the district;  and
(ii)  the project furthers or implements the plan.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 19(u), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 352, Sec. 21, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.907. Approval or Rejection of Application

Sec. 17.907.  APPROVAL OR REJECTION OF APPLICATION.  The board may approve or reject an application of an eligible lending institution to participate in the program.  The board may delegate its authority to approve or reject applications to the executive administrator.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 19(u), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 352, Sec. 21, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.908. Deposit Agreement

Sec. 17.908.  DEPOSIT AGREEMENT.  If the board approves an application of an eligible lending institution, the board and the eligible lending institution shall enter into a written deposit agreement.  The agreement shall contain the conditions on which the linked deposit is made.  On execution of the agreement, the board shall place a linked deposit from the fund with the eligible lending institution in accordance with the agreement.  A delay in payment or a default on a loan by an applicant does not affect the validity of the deposit agreement.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 19(u), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 352, Sec. 21, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.909. Compliance

Sec. 17.909.  COMPLIANCE.  (a)  On accepting a linked deposit, an eligible lending institution must lend money to an approved applicant in accordance with the deposit agreement and this subchapter.  The eligible lending institution shall forward a compliance report to the board in accordance with board rules.  The board shall adopt rules regarding the compliance report.
(b)  The board shall monitor compliance with this subchapter and inform the comptroller of noncompliance on the part of an eligible lending institution.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 19(u), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 352, Sec. 21, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.910. State Liability Prohibited

Sec. 17.910.  STATE LIABILITY PROHIBITED.  The state is not liable to an eligible lending institution for payment of the principal, interest, or any late charges on a loan made to an approved applicant.  A linked deposit is not an extension of the state's credit within the meaning of any state constitutional prohibition.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 19(u), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 352, Sec. 21, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.911. Limitations on Program

Sec. 17.911.  LIMITATIONS ON PROGRAM.  (a)  The maximum amount of a loan under the linked deposit program is $250,000.
(b)  The board may withdraw linked deposits from an eligible lending institution if the institution ceases to be either a state depository or a Farm Credit System institution headquartered in this state.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 19(u), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 352, Sec. 21, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.912. Rules

Sec. 17.912.  RULES.  The board shall adopt rules necessary to carry out this subchapter.  Applications shall be in the form and manner as provided by board rules.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 19(u), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 352, Sec. 21, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter J. Agricultural Water Conservation Bond Program › Section 17.913. Grant Standards

Sec. 17.913.  GRANT STANDARDS.  The law regarding uniform grant and contract management, Chapter 783, Government Code, does not apply to a contract under this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 108 (S.B. 1890), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter K. Assistance to Economically Distressed Areas for Water Supply and Sewer Service Projects › Section 17.921. Definitions

Sec. 17.921.  DEFINITIONS.  In this subchapter:
(1)  "Economically distressed area" means an area in which:
(A)  water supply or sewer services are inadequate to meet minimal needs of residential users as defined by board rules;
(B)  financial resources are inadequate to provide water supply or sewer services that will satisfy those needs; and
(C)  an established residential subdivision was located on June 1, 2005, as determined by the board.
(2)  "Financial assistance" means the funds provided by the board to political subdivisions for water supply and sewer services under this subchapter.
(3)  "Political subdivision" means a county, municipality, a nonprofit water supply corporation created and operating under Chapter 67, or district or authority created under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution.
(4)  "Water conservation" means those practices, techniques, and technologies that will reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a water supply is made available for future or alternative uses.
(5)  "Sewer services" and "sewer facilities" mean treatment works or individual, on-site, or cluster treatment systems such as septic tanks and include drainage facilities and other improvements for proper functioning of the sewer services and other facilities.
(6)  "Economically distressed areas account" means the economically distressed areas account in the Texas Water Development Fund or the economically distressed areas program account in the Texas Water Development Fund II.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.21.  Renumbered from Sec. 17.881 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(36), eff. Sept. 6, 1990.  Amended by Acts 1995, 74th Leg., ch. 979, Sec. 20, eff. June 16, 1995;  Acts 1999, 76th Leg., ch. 62, Sec. 18.62, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 404, Sec. 38, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 927 (H.B. 467), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter K. Assistance to Economically Distressed Areas for Water Supply and Sewer Service Projects › Section 17.922. Financial Assistance

Sec. 17.922.  FINANCIAL ASSISTANCE.  (a)  The board shall use the economically distressed areas account to provide financial assistance to political subdivisions for the construction, acquisition, or improvement of water supply and sewer services, including providing funds from the account for the state's participation in federal programs that provide assistance solely for projects intended to serve economically distressed areas.
(b)  To the extent practicable, the board shall use money in the economically distressed areas account in conjunction with the other financial assistance available through the board to encourage the use of cost-effective water supply and wastewater systems, including regional systems, to maximize the long-term economic development of political subdivisions eligible for financial assistance under the economically distressed areas program.  Any savings derived from the construction of a regional system that includes or serves an economically distressed area project shall be factored into the board's determination of financial assistance for the economically distressed area in a manner that assures the economically distressed area receives appropriate benefits from the savings.  In no event shall financial assistance provided from the economically distressed areas account be used to provide water supply or wastewater service to any area that is not an economically distressed area.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.21.  Renumbered from Sec. 17.882 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(36), eff. Sept. 6, 1990.  Amended by Acts 1993, 73rd Leg., ch. 844, Sec. 6, eff. Aug. 30, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 927 (H.B. 467), Sec. 6, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1222 (S.B. 2452), Sec. 1, eff. November 5, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter K. Assistance to Economically Distressed Areas for Water Supply and Sewer Service Projects › Section 17.9225. Residential Water and Sewer Connection Assistance

Sec. 17.9225.  RESIDENTIAL WATER AND SEWER CONNECTION ASSISTANCE.  (a)  The legislature finds that, due to public health and sanitation concerns, it is in the public interest to use funds in the economically distressed areas account to provide financial assistance for the costs associated with the initial connection to public water supply and sanitary sewer systems of residences that otherwise benefit from financial assistance.
(b)  A political subdivision may use financial assistance to pay:
(1)  the costs of connecting a residence to a public water supply system constructed with financial assistance;
(2)  the costs of installing yard water service connections;
(3)  the costs of installing indoor plumbing facilities and fixtures;
(4)  the costs of connecting a residence to a sanitary sewer system constructed with financial assistance;
(5)  necessary connection and permit fees; and
(6)  necessary costs related to the design of plumbing improvements described by this subsection.
(c)  Assistance under this section shall only be provided to residents who demonstrate an inability to pay for the improvements described in Subsection (b) in accordance with board rules.  If the board determines that a resident to whom assistance has been provided is ineligible to receive the assistance, the board may seek reimbursement from the resident.  The board shall adopt rules to implement the provisions of this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1301 (H.B. 2374), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter K. Assistance to Economically Distressed Areas for Water Supply and Sewer Service Projects › Section 17.9226. Use of Certain General Obligation Bonds

Sec. 17.9226.  USE OF CERTAIN GENERAL OBLIGATION BONDS.  The board may:
(1)  maximize the effectiveness of the additional general obligation bonds authorized by Section 49-d-14, Article III, Texas Constitution, by using the additional bonds in conjunction with other sources of financial assistance, including nonpublic funds, to provide financial assistance to political subdivisions for the construction, acquisition, or improvement of water supply and sewer services; and
(2)  use the additional general obligation bonds authorized by Section 49-d-14, Article III, Texas Constitution, to promote and support public-private partnerships that the board determines:
(A)  are financially viable;
(B)  will diversify the methods of financing available for water supply and sewer services; and
(C)  will reduce reliance on the issuance of bonds supported with general revenue.
Added by Acts 2019, 86th Leg., R.S., Ch. 1222 (S.B. 2452), Sec. 2, eff. November 5, 2019.
Without reference to the amendment of this section, this section was repealed by Acts 2005, 79th Leg., Ch. 927 (H.B. 467), Sec. 15, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter K. Assistance to Economically Distressed Areas for Water Supply and Sewer Service Projects › Section 17.923. County Eligibility for Financial Assistance

Sec. 17.923.  COUNTY ELIGIBILITY FOR FINANCIAL ASSISTANCE.  To be eligible for financial assistance under this subchapter, a county:
(1)  must have a per capita income that averaged 25 percent below the state average for the most recent three consecutive years for which statistics are available and an unemployment rate that averaged 25 percent above the state average for the most recent three consecutive years for which statistics are available;
(2)  must be located adjacent to an international border; or
(3)  must be located in whole or in part within 100 miles of an international border and contain the majority of the area of a municipality with a population of more than 250,000.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.21.  Renumbered from Sec. 17.883 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(36), eff. Sept. 6, 1990.
Amended by:
Acts 2005, 79th Leg., Ch. 708 (S.B. 425), Sec. 16, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 927 (H.B. 467), Sec. 15, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter K. Assistance to Economically Distressed Areas for Water Supply and Sewer Service Projects › Section 17.9275. Prioritization of Projects by Board

Sec. 17.9275.  PRIORITIZATION OF PROJECTS BY BOARD.  (a)  The board shall prioritize projects for the purpose of providing financial assistance under this subchapter.
(b)  The board shall establish a system for prioritizing projects for which financial assistance is sought from the board.  The system must include a standard for the board to apply in determining whether a project qualifies for financial assistance at the time the application for financial assistance is filed with the board.
(c)  The board shall give the highest consideration to projects that will have a substantial effect, including projects:
(1)  that will serve an area for which the board or the Department of State Health Services has determined that a nuisance dangerous to the public health and safety exists resulting from water supply and sanitation problems; or
(2)  for which the applicant:
(A)  is subject to an enforcement action, including a final order, judgment, or consent decree, by the commission, the state, or the United States Environmental Protection Agency, related to public health and safety issues resulting from water supply or sewer services; and
(B)  did not cause or allow the violations that are the subject of the enforcement action.
(d)  The board by rule may provide for the consideration of additional criteria.
Added by Acts 2019, 86th Leg., R.S., Ch. 1222 (S.B. 2452), Sec. 4, eff. November 5, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter K. Assistance to Economically Distressed Areas for Water Supply and Sewer Service Projects › Section 17.928. Findings Regarding Permits

Sec. 17.928.  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 water supply project will provide;  or
(2)  that an applicant proposing groundwater development has the right to use water that the water supply 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 treatment works the board may not deliver funds for the treatment works until the applicant has received:
(1)  a permit for construction and operation of the treatment works from the commission or other applicable permitting authority unless such a permit is not required; and
(2)  approval of the plans and specifications from the commission, the executive administrator, or other applicable authority.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.21.  Renumbered from Sec. 17.888 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(36), eff. Sept. 6, 1990.  Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 33, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1222 (S.B. 2452), Sec. 5, eff. November 5, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter K. Assistance to Economically Distressed Areas for Water Supply and Sewer Service Projects › Section 17.929. Considerations in Passing on Application

Sec. 17.929.  CONSIDERATIONS IN PASSING ON APPLICATION.  (a)  In passing on an application for financial assistance, the board shall consider:
(1)  the need of the economically distressed area to be served by the water supply and sewer services in relation to the need of other political subdivisions requiring financial assistance under this subchapter and the relative costs and benefits of all applications;
(2)  the availability to the area to be served by the project of revenue or financial assistance from alternative sources for the payment of the cost of the proposed project;
(3)  the financing of the proposed water supply and sewer project including consideration of:
(A)  the budget and repayment schedule submitted under Section 17.927(b)(4);
(B)  other items included in the application relating to financing; and
(C)  other financial information and data available to the board;
(4)  whether the county and other appropriate political subdivisions have adopted model rules pursuant to Section 16.343 and the manner of enforcement of model rules;
(5)  the feasibility of achieving cost savings by providing a regional facility for water supply or wastewater service and the feasibility of financing the facility by using funds from the economically distressed areas account or any other financial assistance; and
(6)  the ability of the applicant to repay the financial assistance.
(b)  At the time an application for financial assistance is considered, the board also must find that the area to be served by a proposed project has a median household income that is not greater than 75 percent of the median state household income for the most recent year for which statistics are available.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.21.  Renumbered from Sec. 17.889 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(36), eff. Sept. 6, 1990.  Amended by Acts 1993, 73rd Leg., ch. 844, Sec. 7, eff. Aug. 30, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 927 (H.B. 467), Sec. 8, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1222 (S.B. 2452), Sec. 6, eff. November 5, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter K. Assistance to Economically Distressed Areas for Water Supply and Sewer Service Projects › Section 17.930. Approval or Disapproval of Application

Sec. 17.930.  APPROVAL OR DISAPPROVAL OF APPLICATION.  (a)  The board may issue a decision to approve an application contingent on changes being made to the plan submitted with the application.
(b)  After making the considerations provided by Section 17.929, the board by resolution shall:
(1)  approve the plan and application as submitted;
(2)  approve the plan and application subject to the requirements identified by the board or commission for the applicant to obtain the managerial, financial, and technical capabilities to operate the system and any other requirements, including training under Subchapter M, the board considers appropriate;
(3)  deny the application and identify the requirements or remedial steps the applicant must complete before the applicant may be reconsidered for financial assistance;
(4)  if the board finds that the applicant will be unable to obtain the managerial, financial, or technical capabilities to build and operate a system, deny the application and issue a determination that a service provider other than the applicant is necessary or appropriate to undertake the proposed project; or
(5)  deny the application.
(c)  The board shall notify the applicant in writing of its decision.
(d)  The board may require the applicant to provide local funds in an amount approved by the board under this subchapter, and the board shall provide the remaining funds from the economically distressed areas account.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.21.  Renumbered from Sec. 17.890 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(36), eff. Sept. 6, 1990.  Amended by Acts 1993, 73rd Leg., ch. 844, Sec. 8, eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 404, Sec. 40, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 720, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 927 (H.B. 467), Sec. 9, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter K. Assistance to Economically Distressed Areas for Water Supply and Sewer Service Projects › Section 17.931. Application Amendment

Sec. 17.931.  APPLICATION AMENDMENT.  (a)  A political subdivision may request the executive administrator in writing to approve a change to or a modification of the budget or project plan included in its application if the change or modification does not increase the budget or change the project scope.
(b)  A change or modification requested under Subsection (a) may not be implemented unless the executive administrator provides written approval.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.21.  Renumbered from Sec. 17.891 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(36), eff. Sept. 6, 1990.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1222 (S.B. 2452), Sec. 7, eff. November 5, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter K. Assistance to Economically Distressed Areas for Water Supply and Sewer Service Projects › Section 17.932. Method of Financial Assistance

Sec. 17.932.  METHOD OF FINANCIAL ASSISTANCE.  (a)  The board may provide financial assistance to political subdivisions by using money in the economically distressed areas account to purchase political subdivision bonds.
(b)  The board may make financial assistance available to political subdivisions in any other manner that it considers feasible, including:
(1)  contracts or agreements with a political subdivision for acceptance of financial assistance that establish any repayment based on the political subdivision's ability to repay the assistance and that establish requirements for acceptance of the assistance;  or
(2)  contracts or agreements for providing financial assistance in any federal or federally assisted project or program.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.21.  Renumbered from Sec. 17.892 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(36), eff. Sept. 6, 1990.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter K. Assistance to Economically Distressed Areas for Water Supply and Sewer Service Projects › Section 17.934. Sewer Connections

Sec. 17.934.  SEWER CONNECTIONS.  (a)  Notwithstanding any other law, a political subdivision that is located in a county in which a political subdivision has received financial assistance under this subchapter or under Subchapter F, Chapter 15, of this code  may:
(1)  provide for a sanitary sewer system;  and
(2)  require property owners to connect to the sewer system.
(b)  The board may require, as a condition for granting an application for financial assistance under this subchapter to a political subdivision for construction of sewer services, that the applicant exercise its authority under this section.
Added by Acts 1991, 72nd Leg., ch. 422, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter K. Assistance to Economically Distressed Areas for Water Supply and Sewer Service Projects › Section 17.935. Grant Standards

Sec. 17.935.  GRANT STANDARDS.  The Uniform Grant and Contract Management Act of 1981 (Article 4413(32g), Vernon's Texas Civil Statutes) does not apply to financial assistance provided under this subchapter.
Added by Acts 1991, 72nd Leg., ch. 422, Sec. 3, eff. Sept. 1, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter K. Assistance to Economically Distressed Areas for Water Supply and Sewer Service Projects › Section 17.936. Recovery of Economically Distressed Area Impact Fees

Sec. 17.936.  RECOVERY OF ECONOMICALLY DISTRESSED AREA IMPACT FEES.  (a)  It is the intent of the legislature that a private developer not unduly benefit from the expenditure by the state of public funds on infrastructure for public benefit.
(b)  In this section:
(1)  "Capital improvement costs" includes:
(A)  the construction contract price;
(B)  surveying and engineering fees;
(C)  land acquisition costs, including land purchases, court awards and costs, attorney's fees, and expert witness fees;
(D)  fees actually paid or contracted to be paid to an independent, qualified engineer or financial consultant who is:
(i)  preparing or updating the capital improvements plan;  and
(ii)  not an employee of the subdivision;  and
(E)  projected interest charges and other finance costs that are used for the payment of principal and interest on bonds, notes, or other obligations issued by or on behalf of the political subdivision to finance the capital improvements plan and that are not used to reimburse bond funds expended for facilities that are not identified in the capital improvements plan of the subdivision.
(2)  "Economically distressed areas program impact fees" means the pro rata share of the capital improvement costs attributable to each lot in an economically distressed area.
(c)  This section applies only to property located in:
(1)  the unincorporated area of an affected county, as defined by Section 16.341;  and
(2)  an economically distressed area, as defined by Section 16.341.
(d)  The provider of water or wastewater utility service to an economically distressed area may recover from a developer or owner of an undeveloped lot economically distressed areas program impact fees as provided by rules adopted by the board.
Added by Acts 1995, 74th Leg., ch. 979, Sec. 22, eff. June 16, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter K. Assistance to Economically Distressed Areas for Water Supply and Sewer Service Projects › Section 17.937. Reporting and Transparency Requirements

Sec. 17.937.  REPORTING AND TRANSPARENCY REQUIREMENTS.  (a)  Annually, the board shall post on the board's Internet website a report detailing each project for which the board has provided financial assistance under this subchapter.
(b)  The report must include:
(1)  a description of each project;
(2)  the location of each project;
(3)  the number of residents served by each project;
(4)  the amount of financial assistance provided or anticipated to be provided for each project;
(5)  a statement of whether each project has been completed and, if not, the expected completion date;
(6)  the date on which each appropriate political subdivision adopted the model rules developed under Section 16.343; and
(7)  the date on which each appropriate political subdivision certified that it enforces the applicable model rules developed under Section 16.343 or a description of measures taken to mitigate any deficiencies in compliance.
Added by Acts 2019, 86th Leg., R.S., Ch. 1222 (S.B. 2452), Sec. 9, eff. November 5, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.951. Definitions

Sec. 17.951.  DEFINITIONS.  In this subchapter:
(1)  "Fund" means the Texas Water Development Fund II.
(2)  "Resolution" means any resolution or order approved by the board authorizing the issuance of water financial assistance bonds.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.952. Issuance of Water Financial Assistance Bonds

Sec. 17.952.  ISSUANCE OF WATER FINANCIAL ASSISTANCE BONDS.  The board by resolution may provide for the issuance of water financial assistance bonds, which shall be general obligation bonds of the state, in an aggregate principal amount not to exceed the principal amount authorized to be issued by the Texas Constitution.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.
Amended by:
Acts 2005, 79th Leg., Ch. 927 (H.B. 467), Sec. 11, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.953. Conditions for Issuance of Water Financial Assistance Bonds

Sec. 17.953.  CONDITIONS FOR ISSUANCE OF WATER FINANCIAL ASSISTANCE BONDS.  (a)  Water financial assistance bonds may be issued as various series and issues.
(b)  Water financial assistance bonds may mature, serially or otherwise, not later than 50 years after the date on which they are issued.
(c)  Water financial assistance bonds may be issued as bonds, notes, or other obligations as permitted by law and may be in the form and denominations and be issued in the manner and under the terms, conditions, and details as provided by resolution.
(d)  Water financial assistance bonds may be sold at public or private sale at a price or prices and on terms determined by the board.
(e)  Water financial assistance bonds shall be signed and executed as provided by resolution.
(f)  Water financial assistance bonds may bear no interest or bear interest at a rate or rates determined in accordance with law.
(g)  Rates of interest on water financial assistance bonds may be fixed, variable, floating, adjustable, or otherwise, as determined by the board or determined pursuant to any contractual arrangements approved by the board.  The resolution may provide for the payment of interest at any time or the periodic determination of interest rates or interest rate periods.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.954. Bond Enhancement Agreements; Payment of Expenses

Sec. 17.954.  BOND ENHANCEMENT AGREEMENTS;  PAYMENT OF EXPENSES.  (a)  The board at any time and from time to time may enter into one or more bond enhancement agreements that the board determines to be necessary or appropriate to place the obligation of the board, as represented by the water financial assistance bonds, in whole or in part, on the interest rate, currency, cash flow, or other basis desired by the board.  A bond enhancement agreement is an agreement for professional services and shall contain the terms and conditions and be for the period that the board approves.
(b)  The fees and expenses of the board in connection with the issuance of water financial assistance bonds and the providing of financial assistance to political subdivisions may be paid from money in the fund, provided that any payments due from the board under a bond enhancement agreement, other than fees and expenses, that relate to the payment of debt service on water financial assistance bonds constitute payments of principal of and interest on the water financial assistance bonds.
(c)  Bond enhancement agreements may include, on terms and conditions approved by the board, interest rate swap agreements;  currency swap agreements;  forward payment conversion agreements;  agreements providing for payments based on levels of or changes in interest rates or currency exchange rates;  agreements to exchange cash flows or a series of payments;  agreements, including options, puts, or calls, to hedge payment, currency, rate, spread, or other exposure;  or other agreements that further enhance the marketability, security, or creditworthiness of water financial assistance bonds.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.