reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter P. Colonia Self-Help Program › Section 15.951. Definitions

Sec. 15.951.  DEFINITIONS.  In this subchapter:
(1)  "Account" means the colonia self-help account.
(2)  "Colonia" means a geographic area that:
(A)  is an economically distressed area as defined by Section 17.921;
(B)  is located in a county any part of which is within 50 miles of an international border; and
(C)  consists of at least 11 dwellings, or of at least a lower number of dwellings as specified by the board for which the board determines that a self-help project will be cost-effective, that are located in close proximity to each other in an area that may be described as a community or neighborhood.
(2-a)  "Nonprofit organization" means an organization qualifying for an exemption from federal income taxes under Section 501(c)(3), Internal Revenue Code of 1986.
(2-b)  "Political subdivision" has the meaning assigned by Section 17.921.
(3)  "Program" means the colonia self-help program established under this subchapter.
(4)  "Retail public utility" has the meaning assigned by Section 13.002.
(5)  "Self-help project" means a project in which the people who will benefit from the project actively participate.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 23, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 341 (S.B. 99), Sec. 15, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 60 (S.B. 1371), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter P. Colonia Self-Help Program › Section 15.952. Creation of Account

Sec. 15.952.  CREATION OF ACCOUNT.  (a)  The colonia self-help account is an account in the water assistance fund that may be used by the board only for the purposes of this subchapter.
(b)  The account consists of:
(1)  money transferred by the legislature directly to the account;
(2)  money transferred at the board's discretion from the fund;  and
(3)  gifts, grants, or donations to the account.
(c)  Sections 403.095 and 404.071, Government Code, do not apply to the account.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 23, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 608, Sec. 6, eff. June 20, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter P. Colonia Self-Help Program › Section 15.953. Use of Account

Sec. 15.953.  USE OF ACCOUNT.  (a)  The board may use funds in the account to reimburse a political subdivision or a nonprofit organization for eligible expenses incurred in a self-help project that results in the provision of adequate water or wastewater services to a colonia.  Eligible expenses under this subsection include:
(1)  construction expenses;
(2)  facility planning expenses;
(3)  platting expenses;
(4)  surveying expenses;
(5)  engineering expenses;
(6)  equipment expenses; and
(7)  other expenses necessary to provide water or wastewater services to the colonia, as determined appropriate by the board.
(b)  The board may award a grant under the program directly to a political subdivision or nonprofit organization to reimburse the subdivision or organization for expenses incurred in a self-help project described by Subsection (a).  If the board determines that a retail public utility described by Section 15.955(8) has made a commitment to the self-help project sufficient to ensure that retail water or wastewater service will be extended to the colonia, the board may make an advance of grant funds.  An advance under this subsection is subject to the terms determined by the board and may not exceed 10 percent of the total amount of the grant.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 23, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 60 (S.B. 1371), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter P. Colonia Self-Help Program › Section 15.954. Eligible Political Subdivisions and Nonprofit Organizations

Sec. 15.954.  ELIGIBLE POLITICAL SUBDIVISIONS AND NONPROFIT ORGANIZATIONS.  To be eligible to receive a grant under the program, a political subdivision or a nonprofit organization must:
(1)  demonstrate work experience relevant to extending retail water or wastewater utility service to colonias in coordination with retail public utilities; and
(2)  develop a plan that requires self-help project beneficiaries to actively participate in the implementation of the project, in coordination with a retail public utility described by Section 15.955(8).
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 23, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 60 (S.B. 1371), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter P. Colonia Self-Help Program › Section 15.955. Grant Application

Sec. 15.955.  GRANT APPLICATION.  An eligible political subdivision or nonprofit organization must apply to the board for a grant under the program before incurring any expense associated with a self-help project described by Section 15.953(a).  The application must include:
(1)  the name of the political subdivision or nonprofit organization, the names of the political subdivision's authorized representative or the nonprofit organization's principal officers, and verification of the nonprofit organization's 501(c)(3) status;
(2)  a description of the project area, the anticipated number of water and wastewater connections to be made, and the anticipated number of colonia residents to be served;
(3)  a description of the existing water and wastewater facilities in the colonia;
(4)  a description of the project and the aspect of the project for which the grant will be used;
(5)  a description of the anticipated participation in the project by residents of the colonia;
(6)  the estimated total cost of both the project and the aspect of the project for which the grant will be used;
(7)  the amount of the grant that is requested from the account and the sources of funding for the entire project;
(8)  from a retail public utility authorized to provide water or wastewater services to the colonia, a resolution in which the retail public utility:
(A)  agrees to inspect the project during and after construction to ensure the adequacy of the project; and
(B)  commits to provide the water or wastewater services that the project intends to use; and
(9)  any other information required by the board.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 23, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 60 (S.B. 1371), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter P. Colonia Self-Help Program › Section 15.956. Board Considerations in Evaluating Grant Application

Sec. 15.956.  BOARD CONSIDERATIONS IN EVALUATING GRANT APPLICATION.  In evaluating an application for a grant under the program, the board shall consider:
(1)  the number of colonia residents to be served by the self-help project;
(2)  the capability of the political subdivision or nonprofit organization to complete the self-help project in a timely manner;
(3)  the quality of any projects previously completed by the applicant; and
(4)  the commitment demonstrated by the retail public utility to provide water or wastewater services to the colonia on completion of the project.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 23, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 60 (S.B. 1371), Sec. 5, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter P. Colonia Self-Help Program › Section 15.957. Action on Grant Application

Sec. 15.957.  ACTION ON GRANT APPLICATION.  (a)  Not later than the 60th day after the date the board receives a complete application for a grant under the program, the board by written resolution shall:
(1)  approve the application;  or
(2)  disapprove the application.
(b)  On approval of an application, the board shall authorize the executive administrator of the board to execute a contract with the applicant for a grant to reimburse eligible expenses.  The contract may provide a budget, schedule, terms for payment of funds, and any other terms the board or its executive administrator considers appropriate.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 23, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter P. Colonia Self-Help Program › Section 15.958. Rules

Sec. 15.958.  RULES.  The board shall adopt rules necessary to administer the program established under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 23, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter Q. Water Infrastructure Fund › Section 15.971. Definitions

Sec. 15.971.  DEFINITIONS.  In this subchapter:
(1)  "Eligible political subdivision" means a city, county, district, or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, including a groundwater district with a groundwater management plan certified by the board under Section 36.1072, any other political subdivision of the state, any interstate compact commission to which the state is a party, and any nonprofit water supply corporation created and operating under Chapter 67.
(2)  "Fund" means the water infrastructure fund.
(3)  "Metropolitan statistical area" means an area so designated by the United States Office of Management and Budget.
(4)  "Political subdivision bonds" means bonds or other obligations issued by a political subdivision to fund a project and purchased by the board from money in the fund.
(5)  "Project" means any undertaking or work, including planning and design activities and work to obtain regulatory authority, to conserve, mitigate, convey, and develop water resources of the state, including any undertaking or work done outside the state that the board determines will result in water being available for use in or for the benefit of the state.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 4.01, eff. Sept. 1, 2001.  Renumbered from Water Code Sec. 15.901 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(142), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 574 (S.B. 2312), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter Q. Water Infrastructure Fund › Section 15.972. Findings

Sec. 15.972.  FINDINGS.  The legislature finds that:
(1)  the creation of the fund and the administration of the fund by the board will encourage the conservation and development of the water resources of the state;
(2)  the use of the fund is in furtherance of the public purpose of conserving and developing the water resources of the state;  and
(3)  the use of the fund for the purposes provided by this subchapter is for the benefit of both the state and the political subdivisions to which the board makes financial assistance available in accordance with this subchapter and constitutes a program under, and is in furtherance of the public purposes set forth in, Section 52-a, Article III, Texas Constitution.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 4.01, eff. Sept. 1, 2001.  Renumbered from Water Code Sec. 15.902 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(142), eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter Q. Water Infrastructure Fund › Section 15.973. Water Infrastructure Fund

Sec. 15.973.  WATER INFRASTRUCTURE FUND.  (a)  The water infrastructure fund is a special fund in the state treasury to be administered by the board under this subchapter and rules adopted by the board under this subchapter.  Money in the fund may be used to pay for the implementation of water projects recommended through the state and regional water planning processes under Sections 16.051 and 16.053.
(b)  The fund consists of:
(1)  appropriations from the legislature;
(2)  any other fees or sources of revenue that the legislature may dedicate for deposit to the fund;
(3)  repayments of loans made from the fund;
(4)  interest earned on money credited to the fund;
(5)  depository interest allocable to the fund;
(6)  money from gifts, grants, or donations to the fund;
(7)  money from revenue bonds or other sources designated by the board;
(8)  proceeds from the sale of political subdivision bonds or obligations held in the fund and not otherwise pledged to the discharge, repayment, or redemption of revenue bonds or other bonds, the proceeds of which were placed in the fund; and
(9)  money disbursed to the fund from the state water implementation fund for Texas as authorized by Section 15.434.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 4.01, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 608, Sec. 1, eff. June 20, 2003.  Renumbered from Water Code Sec. 15.903 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(142), eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 2.03, eff. November 5, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter Q. Water Infrastructure Fund › Section 15.974. Use of Water Infrastructure Fund

Sec. 15.974.  USE OF WATER INFRASTRUCTURE FUND.  (a)  The board may use the fund:
(1)  to make loans to political subdivisions at or below market interest rates for projects;
(2)  to make grants, low-interest loans, or zero interest loans to political subdivisions for projects to serve areas outside metropolitan statistical areas in order to ensure that the projects are implemented, or for projects to serve economically distressed areas;
(3)  to make loans at or below market interest rates for planning and design costs, permitting costs, and other costs associated with state or federal regulatory activities with respect to a project;
(4)  as a source of revenue or security for the payment of principal and interest on bonds issued by the board if the proceeds of the sale of the bonds will be deposited in the fund;
(5)  to make transfers from the fund to the financial assistance account of the Texas Water Development Fund II created under Section 17.959 for the purposes described in Section 49-d-8, Article III, Texas Constitution, other than for the purposes described in Sections 17.957 and 17.958; and
(6)  to pay the necessary and reasonable expenses of the board in administering the fund.
(b)  The board shall transfer back to the state water implementation fund for Texas any money disbursed to the fund as described by Section 15.973(b)(9) if the requirements of Section 15.435 are satisfied.
(c)  Principal and interest payments on loans made under Subsection (a)(3) may be deferred for a maximum of 10 years or until construction of the project is completed, whichever is earlier.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 4.01, eff. Sept. 1, 2001.  Renumbered from Water Code Sec. 15.904 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(142), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 302 (S.B. 509), Sec. 1, eff. June 17, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 2.04, eff. November 5, 2013.
Acts 2021, 87th Leg., R.S., Ch. 324 (H.B. 1904), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter Q. Water Infrastructure Fund › Section 15.975. Approval of Applications

Sec. 15.975.  APPROVAL OF APPLICATIONS.  (a)  On review and recommendation by the executive administrator, the board by resolution may approve an application if the board finds that:
(1)  the application and the assistance applied for meet the requirements of this subchapter, Section 16.4021, and board rules;
(2)  the revenue or taxes, or both the revenue and taxes, pledged by the applicant will be sufficient to meet all the obligations assumed by the political subdivision; and
(3)  the project will meet water needs in a manner consistent with the state and regional water plans as required by Section 16.053(j), unless otherwise specified by an act of the legislature.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 16(5), eff. September 1, 2019.
(c)  The board may deliver funds for the part of a loan or grant for a project relating to surface water development, other than for planning and design costs, permitting costs, and other costs associated with federal and state regulatory activities with respect to a project, only if the executive administrator makes a written finding that the applicant:
(1)  has the necessary water rights authorizing the applicant to appropriate and use the water that the project will provide, if the applicant is proposing surface water development;  or
(2)  has the right to use water that the project will provide, if the applicant is proposing groundwater development.
(d)  The board may not approve an application if the applicant has failed to satisfactorily complete a request by the executive administrator or a regional planning group for information relevant to the project.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 4.01, eff. Sept. 1, 2001.  Renumbered from Water Code Sec. 15.905 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(142), eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 891 (S.B. 370), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 983 (H.B. 1732), Sec. 1, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 6, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 16(5), eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 68 (H.B. 1905), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter Q. Water Infrastructure Fund › Section 15.9751. Priority for Water Conservation

Sec. 15.9751.  PRIORITY FOR WATER CONSERVATION.  The board shall give priority to applications for funds for the implementation of water supply projects in the state water plan by entities that:
(1)  have already demonstrated significant water conservation savings; or
(2)  will achieve significant water conservation savings by implementing the proposed project for which the financial assistance is sought.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.11, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter Q. Water Infrastructure Fund › Section 15.976. Applicable Law

Sec. 15.976.  APPLICABLE LAW.  Subchapter E, Chapter 17, applies to financial assistance made available from the fund, except that the board may also execute contracts as necessary to evidence grant agreements.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 4.01, eff. Sept. 1, 2001.  Renumbered from Water Code Sec. 15.906 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(142), eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter Q. Water Infrastructure Fund › Section 15.977. Rules

Sec. 15.977.  RULES.  The board shall adopt rules necessary to carry out this subchapter, including rules establishing procedures for application for and for the award of financial assistance, for the investment of funds, and for the administration of the fund.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 4.01, eff. Sept. 1, 2001.  Renumbered from Water Code Sec. 15.907 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(142), eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter Q. Water Infrastructure Fund › Section 15.978. Sale of Political Subdivision Bonds

Sec. 15.978.  SALE OF POLITICAL SUBDIVISION BONDS.  (a)  The board may sell or dispose of political subdivision bonds at the price and under the terms that the board determines to be reasonable.
(b)  The board may sell political subdivision bonds without making a previous offer to the political subdivision that issued the bonds and without advertising, soliciting, or receiving bids for sale.
(c)  Notwithstanding other provisions of this chapter, the board may sell to the Texas Water Resources Finance Authority or to the state water implementation revenue fund for Texas any political subdivision bonds purchased with money in the water infrastructure fund and may apply the proceeds of a sale in the manner provided by this section.
(d)  Proceeds from the sale of political subdivision bonds under this section shall be deposited in the fund for use as provided by Section 15.974.
(e)  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 subdivision pays the debt service on political subdivision bonds sold and observes the conditions and requirements stated in those bonds.
(f)  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 2001, 77th Leg., ch. 966, Sec. 4.01, eff. Sept. 1, 2001.  Renumbered from Water Code, Sec. 15.908 and amended by Acts 2003, 78th Leg., ch. 1275, Sec. 2(142), 3(42), eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 2.05, eff. November 5, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter Q. Water Infrastructure Fund › Section 15.979. Funding for Local Economic Development

Sec. 15.979.  FUNDING FOR LOCAL ECONOMIC DEVELOPMENT.  (a)  The board may use the fund to provide financial assistance to an eligible political subdivision to enable the political subdivision to fund loans and grants for projects that conserve and develop the water resources of the political subdivision for the ultimate benefit of the public, and that develop and diversify its local economy, consistent with the terms and conditions set forth in a program adopted by the governing body of the political subdivision under authority granted by Section 15.980.
(b)  The board may not purchase political subdivision bonds issued for the purposes described by Subsection (a) that are secured in whole or in part by a pledge of ad valorem taxes unless the political subdivision submits evidence satisfactory to the board that the issuance of the bonds has been approved by the citizens of the political subdivision voting at an election held for the purposes described in Section 15.980.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 4.01, eff. Sept. 1, 2001.  Renumbered from Water Code Sec. 15.909 and amended by Acts 2003, 78th Leg., ch. 1275, Sec. 2(142), 3(43), eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter Q. Water Infrastructure Fund › Section 15.980. Authority to Establish Economic Development Programs

Sec. 15.980.  AUTHORITY TO ESTABLISH ECONOMIC DEVELOPMENT PROGRAMS.  (a)  An eligible political subdivision may establish economic development programs and make loans and grants of public funds to assist in providing projects within the political subdivision that conserve and develop the water resources of the political subdivision for the ultimate benefit of the public.  The authority granted to a political subdivision to make loans and grants in accordance with this section constitutes a program in furtherance of the public purposes provided by Section 52-a, Article III, Texas Constitution.
(b)  Financial assistance received from the fund may be used by an eligible political subdivision to make loans or grants to persons for projects that the political subdivision finds will conserve and develop the water resources of the political subdivision for the ultimate benefit of the public and assist in diversifying and developing the economy of the political subdivision and the state.
(c)  In exercising the authority granted by this section, the governing body of an eligible political subdivision may determine the terms and conditions governing the loan or grant of money and determine whether to approve an agreement with a person who receives a loan or grant.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 4.01, eff. Sept. 1, 2001.  Renumbered from Water Code Sec. 15.910 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(142), eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter Q. Water Infrastructure Fund › Section 15.981. Certain Obligations Restricted

Sec. 15.981.  CERTAIN OBLIGATIONS RESTRICTED.  An eligible political subdivision may not sell or incur obligations to fund an economic development program established under authority granted by Section 15.980 that are payable in whole or in part from ad valorem taxes unless the residents of the political subdivision, voting at an election held for the purpose, approve the issuance of obligations to fund an economic development program for the provision of loans or grants to persons to construct projects that will conserve and develop the water resources of the political subdivision for the ultimate benefit of the public and assist in developing and diversifying the local economy.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 4.01, eff. Sept. 1, 2001.  Renumbered from Water Code Sec. 15.911 and amended by Acts 2003, 78th Leg., ch. 1275, Sec. 2(142), 3(44), eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter R. Rural Water Assistance Fund › Section 15.991. Purpose

Sec. 15.991.  PURPOSE.  The legislature finds that the rural areas of the state, characterized by small populations extended over disproportionately large service areas, require a means of financing water and water quality enhancement projects in addition to those established by other provisions of this chapter.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 4.02, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 608, Sec. 3, eff. June 20, 2003.  Renumbered from Water Code Sec. 15.951 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(143), eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter R. Rural Water Assistance Fund › Section 15.992. Definitions

Sec. 15.992.  DEFINITIONS.  In this subchapter:
(1)  "District" means a conservation or reclamation district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution.
(2)  "Federal agency" means an agency or other entity of the United States, including the United States Department of Agriculture or an agency or entity that is acting through or on behalf of that department.
(3)  "Fund" means the rural water assistance fund.
(3-a)  "Nonprofit water supply or sewer service corporation" means a corporation operating under Chapter 67.
(4)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 607 (H.B. 3582), Sec. 4(a)(3), and Ch. 1064 (S.B. 469), Sec. 5, eff. September 1, 2023.
(5)  "State agency" means an agency or other entity of the state, including the Department of Agriculture and the Texas Department of Housing and Community Affairs and any agency or authority that is acting through or on behalf of the Department of Agriculture or the Texas Department of Housing and Community Affairs.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 4.02, eff. Sept. 1, 2001.  Renumbered from Water Code Sec. 15.952 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(143), eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 64 (S.B. 360), Sec. 1, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 607 (H.B. 3582), Sec. 4(a)(3), eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1064 (S.B. 469), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter R. Rural Water Assistance Fund › Section 15.993. Fund

Sec. 15.993.  FUND.  The rural water assistance fund is a special fund in the state treasury.  The fund consists of:
(1)  money directly appropriated to the board for a purpose of the fund;
(2)  repayment of principal and interest from loans made from the fund not otherwise needed as a source of revenue pursuant to Section 17.9615(b);
(3)  money transferred by the board from any sources available;
(4)  interest earned on the investment of money in the fund and depository interest allocable to the fund;
(5)  money transferred to the fund from the water assistance fund in accordance with Section 15.011(b), including proceeds from the sale of political subdivision bonds by the board to the Texas Water Resources Finance Authority that are deposited in the water assistance fund as provided by Section 17.0871;
(6)  money from gifts, grants, or donations to the fund;
(7)  money disbursed to the fund from the state water implementation fund for Texas as authorized by Section 15.434; and
(8)  any other fees or sources of revenue that the legislature may dedicate for deposit to the fund.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 4.02, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 608, Sec. 4, eff. June 20, 2003.  Renumbered from Water Code Sec. 15.953 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(143), eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 64 (S.B. 360), Sec. 2, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 2.06, eff. November 5, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter R. Rural Water Assistance Fund › Section 15.995. Financial Assistance in General

Sec. 15.995.  FINANCIAL ASSISTANCE IN GENERAL.  (a)  The board shall adopt rules necessary to administer this subchapter, including rules establishing procedures for the application for and award of loans, the distribution of loans, the investment of funds, and the administration of loans and the fund.
(b)  The board may not release from the fund money for the construction phase of parts of projects proposing surface water or groundwater development until the executive administrator makes a written finding that a rural political subdivision:
(1)  has the necessary water right authorizing it to appropriate and use the water that the project will provide, if the rural political subdivision is proposing surface water development;  or
(2)  has the right to use water that the project will provide, if the rural political subdivision is proposing groundwater development.
(c)  In passing on an application from a rural political subdivision for financial assistance, the board shall consider:
(1)  the needs of the area to be served by the project, the benefit of the project to the area, the relationship of the project to the overall state water needs, and the relationship of the project to the state water plan;  and
(2)  the availability of revenue to the rural political subdivision from all sources for the ultimate repayment of the cost of the water supply project, including all interest.
(d)  The board by resolution may approve an application if, after considering the factors listed in Subsection (c) and other relevant factors, the board finds that:
(1)  the public interest is served by state assistance for the project;  and
(2)  the revenue or taxes pledged by the rural political subdivision will be sufficient to meet all the obligations assumed by the rural political subdivision during the succeeding period of not more than 50 years.
(e)  An application from a rural 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 pursuant to this subchapter.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 4.02, eff. Sept. 1, 2001.  Renumbered from Water Code Sec. 15.955 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(143), eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 64 (S.B. 360), Sec. 4, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter R. Rural Water Assistance Fund › Section 15.996. Loans to Nonprofit Water Supply or Sewer Service Corporations

Sec. 15.996.  LOANS TO NONPROFIT WATER SUPPLY OR SEWER SERVICE CORPORATIONS.  (a)  In addition to any other method of providing financial assistance authorized by this subchapter, the board may make financial assistance available to an applicant that is a nonprofit water supply or sewer service corporation by entering into a loan agreement with the applicant.
(b)  To be eligible to receive financial assistance under this section, the applicant must:
(1)  execute a promissory note for the full amount of the loan; and
(2)  provide to the board an attorney's opinion stating that the applicant has the authority to incur the debt.
(c)  An applicant for financial assistance under this section is not required to appoint or employ:
(1)  a bond counsel; or
(2)  a financial advisor.
Added by Acts 2011, 82nd Leg., R.S., Ch. 64 (S.B. 360), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter A. General Provisions › Section 16.001. Definitions

Sec. 16.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the Texas Water Development Board.
(2)  "Commission" means the Texas Natural Resource Conservation Commission.
(3)  "Chairman" means the chairman of the Texas Water Development Board.
(4)  "Executive director" means the executive director of the Texas Natural Resource Conservation Commission.
(5)  "Executive administrator" means the executive administrator of the Texas Water Development Board.
(6)  "Development fund manager" means the development fund manager of the Texas Water Development Board.
(7)  "Political subdivision" means a county, city, or other body politic or corporate of the state, including any district or authority created under Article III, Section 52 or Article XVI, Section 59 of the Texas Constitution and including any interstate compact commission to which the state is a party and any nonprofit water supply corporation created and operating under Chapter 67.
(8)  "Bonds" means all Texas Water Development Bonds now or hereafter authorized by the Texas Constitution.
(9)  "Waste" has the same meaning as provided in Section 26.001 of this code.
(10)  "Water development bonds" means the Texas Water Development Bonds authorized by Article III, Sections 49-c and 49-d, of the Texas Constitution and bonds dedicated to use for the purposes of those sections under Article III, Sections 49-d-2, 49-d-6, and 49-d-7, of the Texas Constitution.
(11)  "State facility" means a project in which the board has acquired an ownership interest.
(12)  "Acquisition of a state facility" means the act or series of actions by the board in making payment for a state facility.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 133, Sec. 2.08, 2.14;  Acts 1985, 69th Leg., ch. 795, Sec. 1.044, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 821, Sec. 2, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 7, Sec. 3(1), eff. March 24, 1987;  Acts 1987, 70th Leg., ch. 1103, Sec. 9, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., 2nd C.S., ch. 66, Sec. 1;  Acts 1989, 71st Leg., ch. 1062, Sec. 1;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.064, eff. Aug. 12, 1991;  Acts 1999, 76th Leg., ch. 62, Sec. 18.58, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter A. General Provisions › Section 16.002. Open Meetings and Open Records Laws

Sec. 16.002.  OPEN MEETINGS AND OPEN RECORDS LAWS.  Nonprofit water supply corporations which receive any assistance under this chapter are subject to Chapter 551, Government Code, and to Chapter 552, Government Code.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.19.  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 16 - Provisions Generally Applicable to Water Development › Subchapter B. Duties of the Executive Administrator › Section 16.011. General Responsibilities of the Executive Administrator

Sec. 16.011.  GENERAL RESPONSIBILITIES OF THE EXECUTIVE ADMINISTRATOR.  The executive administrator shall determine the responsibilities of each administrative division of the board and its staff in carrying out the authority, duties, and functions provided in this code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter B. Duties of the Executive Administrator › Section 16.013. Engineering, Hydrologic, and Geologic Functions

Sec. 16.013.  ENGINEERING, HYDROLOGIC, AND GEOLOGIC FUNCTIONS.  The executive administrator shall advise and assist the board and the commission with regard to engineering, hydrologic, and geologic matters concerning the water resources of the state.  The executive administrator shall evaluate, prepare, and publish engineering, hydrologic, and geologic data, information, and reports relating to the water resources of the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter B. Duties of the Executive Administrator › Section 16.014. Silt Load of Streams, Etc

Sec. 16.014.  SILT LOAD OF STREAMS, ETC.  The executive administrator shall determine the silt load of streams, make investigations and studies of the duty of water, and make surveys to determine the water needs of the distinct regional divisions of the watershed areas of the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter B. Duties of the Executive Administrator › Section 16.015. Studies of Underground Water Supply

Sec. 16.015.  STUDIES OF UNDERGROUND WATER SUPPLY.  The executive administrator may make studies and investigations of the physical characteristics of water-bearing formations and of the sources, occurrence, quantity, and quality of the underground water supply of the state and may study and investigate feasible methods to conserve, preserve, improve, and supplement this supply.  The work shall first be undertaken in areas where, in the judgment of the board, the greatest need exists, and in determining the need, the board shall consider all beneficial uses essential to the general welfare of the state.  Water-bearing formations may be explored by coring or other mechanical or electrical means when the area to be investigated has more than a local influence on water resources.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter B. Duties of the Executive Administrator › Section 16.016. Pollution of Red River Tributaries

Sec. 16.016.  POLLUTION OF RED RIVER TRIBUTARIES.  Within the limits of available money and facilities, the executive administrator shall study salt springs, gypsum beds, and other sources of natural pollution of the tributaries of the Red River and shall study means of eliminating this natural pollution and preventing it from reaching the Red River.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter B. Duties of the Executive Administrator › Section 16.017. Topographic and Geologic Mapping

Sec. 16.017.  TOPOGRAPHIC AND GEOLOGIC MAPPING.  (a)  The executive administrator shall carry out the program for topographic and geologic mapping of the state.
(b)  The executive administrator shall operate as part of the Texas Geographic Information Office a strategic mapping program to acquire, store, and distribute digital, geospatial information.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.12, eff. September 1, 2007.
Acts 2023, 88th Leg., R.S., Ch. 723 (H.B. 2489), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter B. Duties of the Executive Administrator › Section 16.018. Soil Resource Planning

Sec. 16.018.  SOIL RESOURCE PLANNING.  The executive administrator may contract with the State Soil Conservation Board for joint investigation and research in the field of soil resource planning.  The State Soil Conservation Board may appoint a representative to advise and work with the executive administrator.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter B. Duties of the Executive Administrator › Section 16.019. Cooperative Agreements

Sec. 16.019.  COOPERATIVE AGREEMENTS.  With the approval of the board, the executive administrator may negotiate and execute contracts with persons or with federal, state, or local agencies for joint or cooperative studies and investigations of the occurrence, quantity, and quality of the surface water and groundwater of the state;  the topographical mapping of the state;  and the collection, processing, and analysis of other basic data relating to the development of the water resources of the state and for the administration and performance of these contracts.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter B. Duties of the Executive Administrator › Section 16.020. Master Plans of Districts, Etc

Sec. 16.020.  MASTER PLANS OF DISTRICTS, ETC.  The executive director shall review and analyze master plans and other reports of conservation districts, river authorities, and state agencies and shall make its recommendations to the commission in all cases where approval of the commission is required by law or is requested by a district, authority, or agency.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.045, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter B. Duties of the Executive Administrator › Section 16.023. Strategic Mapping Account

Sec. 16.023.  STRATEGIC MAPPING ACCOUNT.  (a)  The strategic mapping account is an account in the general revenue fund.  The account consists of:
(1)  money directly appropriated to the board;
(2)  money transferred by the board from other funds available to the board;
(3)  money from gifts or grants from the United States government, state, regional, or local governments, educational institutions, private sources, or other sources;
(4)  proceeds from the sale of maps, data, publications, and other items; and
(5)  interest earned on the investment of money in the account and depository interest allocable to the account.
(b)  The account may be appropriated only to the board to:
(1)  develop, administer, and implement the strategic mapping program;
(2)  provide grants to political subdivisions for projects related to the development, use, and dissemination of digital, geospatial information; and
(3)  administer, implement, and operate other programs of the Texas Geographic Information Office, including:
(A)  the operation of a Texas-Mexico border region information center for the purpose of implementing Section 16.021(e)(5);
(B)  the acquisition, storage, and distribution of historical maps, photographs, and paper map products;
(C)  the maintenance and enhancement of information technology; and
(D)  the production, storage, and distribution of other digital base maps, as determined by the executive administrator.
(c)  The board may invest, reinvest, and direct the investment of any available money in the fund as provided by law for the investment of money under Section 404.024, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.13, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1233 (S.B. 660), Sec. 7, eff. September 1, 2011.
Reenacted by Acts 2019, 86th Leg., R.S., Ch. 1173 (H.B. 3317), Sec. 18(a), eff. June 14, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 723 (H.B. 2489), Sec. 4, eff. September 1, 2023.