reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.304. Permits Required

Sec. 15.304.  PERMITS REQUIRED.  Except as provided by Section 15.3041 of this code, the board shall obtain permits from the commission for the storage, transportation, and application to beneficial use of water in reservoirs and associated works constructed by the board.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 133, Sec. 4.03.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.3041. Reservation and Appropriation for Bays and Estuaries and Instream Uses

Sec. 15.3041.  RESERVATION AND APPROPRIATION FOR BAYS AND ESTUARIES AND INSTREAM USES.  (a)  Five percent of the annual firm yield of water in any reservoir and associated works constructed with state financial participation under this chapter within 200 river miles from the coast, to commence from the mouth of the river thence inland, is appropriated to the Parks and Wildlife Department for use to make releases to bays and estuaries and for instream uses, and the commission shall issue permits for this water to the Parks and Wildlife Department under procedures adopted by the commission.
(b)  The Parks and Wildlife Department in cooperation with the department shall manage this water for the purposes stated in this section.
(c)  The Parks and Wildlife Department shall adopt necessary rules and shall enter into necessary memoranda of understanding with the department to provide necessary rules and procedures for managing the water and for release of the water for the purposes stated in this section.
(d)  This section does not limit or repeal any other authority of or law relating to the department or the commission.
(e)  Operating and maintenance costs for the percentage of annual firm yield appropriated to the Parks and Wildlife Department shall be paid by the local political subdivisions that are the project owners.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 4.03.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.305. Storing Water

Sec. 15.305.  STORING WATER.  The board may use any reservoir acquired, leased, constructed, reconstructed, developed, or enlarged by it under this chapter to store unappropriated state water and other water acquired by the state.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.306. Board Findings

Sec. 15.306.  BOARD FINDINGS.  Before the board may acquire storage facilities in any reservoir, the board shall find affirmatively that:
(1)  it is reasonable to expect that the state will recover its investment in the facilities;
(2)  the cost of the facilities exceeds the current financing capabilities of the area involved, and the facilities cannot be reasonably financed by local interests without state participation;
(3)  the public interest will be served by acquisition of the facilities;  and
(4)  the facilities to be constructed or reconstructed contemplate the optimum development of the site which is reasonably reserved under all existing circumstances of the site.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.307. Facilities Wanted by Political Subdivision

Sec. 15.307.  FACILITIES WANTED BY POLITICAL SUBDIVISION.  The board shall not acquire any facility to the extent that the board finds that the political subdivision:
(1)  is willing and reasonably able to finance the acquisition of the facility;
(2)  has qualified by obtaining the necessary permit;  and
(3)  has proposals that are inconsistent with the objectives of the state water plan.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1987, 70th Leg., ch. 977, Sec. 14, eff. June 19, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.308. Contracts: General Authority

Sec. 15.308.  CONTRACTS:  GENERAL AUTHORITY.  (a)  The board may execute contracts which include but are not limited to the design, management, acquisition, lease, construction, reconstruction, development, enlargement, operation, or maintenance, singularly or in any combination, of any existing or proposed storage project.
(b)  The board shall obtain the approval of the attorney general as to the legality of all contracts authorized under this subchapter to which the board is a party.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.309. Specific Contracts Authorized

Sec. 15.309.  SPECIFIC CONTRACTS AUTHORIZED.  Contracts authorized by Section 15.308 of this code include but are not limited to the following:
(1)  federal grants or grants from other sources;
(2)  contracts which may be fully or partially secured by water purchase or repayment contracts executed by political subdivisions of the state for purchase of water and facilities necessary to supply present and future regional and local water requirements;
(3)  contracts for goods and services necessary for the design, management, acquisition, lease, construction, reconstruction, development, enlargement, implementation, operation, or maintenance of any existing or proposed project or portion of the project;  and
(4)  contracts secured by the pledge of all or any part of funds in the storage acquisition fund.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.310. Contracts: Facilities Acquired for a Term of Years

Sec. 15.310.  CONTRACTS:  FACILITIES ACQUIRED FOR A TERM OF YEARS.  If facilities are acquired for a term of years, the board may include in the contract provisions for renewal that will protect the state's investment.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.311. Maintenance Contracts

Sec. 15.311.  MAINTENANCE CONTRACTS.  The board may execute contracts for the operation and maintenance of the state's interest in any project and may agree to pay reasonable operation and maintenance charges allocable to the state interest.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.312. Recreational Facilities

Sec. 15.312.  RECREATIONAL FACILITIES.  The board may execute contracts with the United States and with state agencies and political subdivisions and with others to the extent authorized for the development and operation of recreational facilities at any project in which the state has acquired an interest.  Income received by the board under these contracts shall be deposited in the water assistance fund.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.313. Board May Sell or Lease Projects

Sec. 15.313.  BOARD MAY SELL OR LEASE PROJECTS.  (a)  The board may sell, transfer, or lease, to the extent of its ownership, a project acquired, constructed, reconstructed, developed, or enlarged with money from the storage acquisition fund.
(b)  The board shall obtain the approval of the attorney general as to the legality of all contracts authorized under this subchapter to which the board is a party.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.314. Permit Required

Sec. 15.314.  PERMIT REQUIRED.  Before the board grants the application to buy, receive, or lease the facilities, the applicant shall first secure a permit for water use from the commission.  If the facilities are to be leased, the permit may be for a term of years.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.315. Contract Must Be Negotiated

Sec. 15.315.  CONTRACT MUST BE NEGOTIATED.  The commission may issue a term permit until the applicant has executed a contract with the board for acquisition of the facilities.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.316. Reservoir Land

Sec. 15.316.  RESERVOIR LAND.  The board may lease acquired reservoir land until construction of the dam is completed without the necessity of a permit issued by the commission.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.317. Price of Sale

Sec. 15.317.  PRICE OF SALE.  (a)  The price of the sale or transfer of a state facility acquired on or subsequent to September 1, 1981, other than a facility acquired under a contract with the United States, shall be the sum of the direct cost of acquisition, plus an amount of interest calculated by multiplying the lending rate in effect at the date of acquisition by the amount of board money disbursed for the acquisition times the number of years and fraction of a year from the date or dates of the disbursement of funds to the date or dates of the sale or transfer of the state facility, plus the board's cost of operating and maintaining the facility from the date of acquisition to the date of sale or transfer, less any payments received by the board from the lease of the facility or the sale of water from it.
(b)  The purchaser of the board's interest in a state facility shall also assume, to the extent disclosed by the board at or before the sale, any and all direct, conditional, or contingent liabilities of the board attributed to the project in direct relation to the percentage of the project acquired by the purchaser.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.318. Price of Sale: Facilities Acquired Under Contracts With the United States

Sec. 15.318.  PRICE OF SALE:  FACILITIES ACQUIRED UNDER CONTRACTS WITH THE UNITED STATES.  (a)  The price of the sale or transfer of a state facility acquired on or subsequent to September 1, 1981, under a contract with the United States shall be the sum of the direct cost of acquisition, plus an amount of interest calculated by multiplying the lending rate in effect at the time of acquisition, by the amount of board money disbursed for the acquisition of the facility times the number of years and fraction of a year from the date or dates of disbursement of the money to the date or dates of sale or transfer, plus the board's cost of operating and maintaining the facility from the date of acquisition to the date of the sale or transfer of the facility, less any payments received by the board from the lease of the facility or the sale of water from it.
(b)  If, in transferring any contract, the board remains in any way directly, conditionally, or contingently liable for the performance of any part of the contract, then the transferee, in addition to the payments prescribed by Subsection (a) of this section, as applicable, shall pay to the board annually one-half of one percent of the remaining amount owed to the other party to the contract, and shall continue these payments until the board is fully released from the contract.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.319. Costs Defined

Sec. 15.319.  COSTS DEFINED.  With reference to the sale of a state facility, "direct cost of acquisition" means the principal amount the board has paid plus the amounts the board has agreed to pay under obligations not transferred to the purchaser for a facility up to the date of sale, but does not include the board's cost of operating and maintaining the facility from the date of acquisition to the date of the sale or transfer of the facility.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.320. Lease Payments

Sec. 15.320.  LEASE PAYMENTS.  In leasing a state facility for a term of years, the board shall require annual payments not less than the total of:
(1)  the annual principal and interest requirements applicable to the debt incurred by the state in acquiring the facility;  and
(2)  the state's annual cost for operation, maintenance, and rehabilitation of the facility.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.321. Sale or Lease: Condition Precedent

Sec. 15.321.  SALE OR LEASE:  CONDITION PRECEDENT.  (a)  No sale, transfer, or lease of a state facility is valid unless the board first makes the following affirmative findings:
(1)  that the applicant has a permit granted by the commission;
(2)  that the sale, transfer, or lease serves the public interest;  and
(3)  that the consideration for the sale, transfer, or lease is fair, just, reasonable, and in full compliance with the law.
(b)  The consideration for a sale or transfer may be either money or revenue bonds which for the purposes of this section shall be deemed the same as money.
(c)  The amount of money shall be equal to the price for purchasing the facilities as prescribed by Sections 15.317-15.318 of this code, or if revenue bonds constitute the consideration, the principal amount of revenue bonds shall be equal to the price for purchasing the facilities as prescribed by the provisions of Sections 15.317-15.318 of this code, and the revenue bonds shall bear interest at the rate prescribed in Section 17.128 of this code with regard to bonds purchased with the proceeds of the Texas water development fund.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.322. Disposition of Proceeds

Sec. 15.322.  DISPOSITION OF PROCEEDS.  (a)  The money received from any sale, transfer, or lease of facilities, or in the case of a sale or transfer involving revenue bonds, the money received as matured interest or principal on the bonds shall be placed in the general revenue fund.
(b)  If money received from a sale, transfer, or lease of facilities, or in the case of a sale or transfer involving revenue bonds, if the money received as matured interest or principal on the bonds, is money derived originally from the appropriation made in Section 2, Chapter 12, Acts of the 67th Legislature, 1st Called Session, 1981, or interest earned on that money, the money received as matured interest or principal on the bonds shall be placed in a special account in the water assistance fund.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 133, Sec. 2.06.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.323. Sale of Stored Water

Sec. 15.323.  SALE OF STORED WATER.  (a)  The board may sell any unappropriated public water of the state and other water acquired by the state that is stored by or for it.  The price shall be determined by the board.
(b)  Except as provided by Subsection (c) of this section, money received from any sale shall be placed in the general revenue fund.
(c)  Money received from a sale of unappropriated public water or other water acquired by the state and stored by it or for it in a facility for which funds were provided from the appropriation made in Section 2, Chapter 12, Acts of the 67th Legislature, 1st Called Session, 1981, or interest earned on the money constituting that appropriation, must be deposited in a special account in the water assistance fund.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 133, Sec. 2.06.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.324. Sale Contract: Provisions, Limitations

Sec. 15.324.  SALE CONTRACT:  PROVISIONS, LIMITATIONS.  (a)  The board may determine the consideration and other provisions to be included in water sale contracts, but the consideration and other provisions shall be fair, reasonable, and nondiscriminatory.  The board may include charges for standby service, which means holding water and conservation storage space for use and for actual delivery of water.
(b)  The board shall make the same determinations with respect to the sale of water as are required by Section 15.321 of this code with respect to the sale or lease of facilities.
(c)  The board shall not compete with any political subdivisions in the sale of water when this competition jeopardizes the ability of the political subdivision to meet obligations incurred to finance its own water supply projects.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.325. Emergency Releases of Water

Sec. 15.325.  EMERGENCY RELEASES OF WATER.  (a)  All water owned by the board in any facility may be released at the discretion of the board, with or without charge, to relieve any emergency condition arising from drought, public calamity, or any other reason causing a severe water shortage, if the commission first determines the existence of the emergency and requests the board to release water to alleviate the emergency condition.
(b)  The executive administrator may authorize the release of water owned by the state from any facility in which the state has an interest under this subchapter for a period of not to exceed 72 hours from time of authorization to relieve an emergency condition that poses an imminent threat of flooding.  The commission must approve any release of water that must be made beyond the 72-hour period provided by this subsection.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.041, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.326. Preferences

Sec. 15.326.  PREFERENCES.  The board shall give political subdivisions a preferential right, but not an exclusive right, to purchase, acquire, or lease facilities and to purchase water from facilities.  Preferences shall be given in these respects in accord with the provisions of Section 11.123 of this code.  The board and the commission shall coordinate their efforts to meet these objectives and to assure that the public water of this state, which is held in trust for the use and benefit of the public, will be conserved, developed, and utilized in the greatest practicable measure for the public welfare.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.327. Lease of Land Prior to Project Construction

Sec. 15.327.  LEASE OF LAND PRIOR TO PROJECT CONSTRUCTION.  The board may lease tracts of land acquired for project purposes for a term of years for any purpose not inconsistent with ultimate project construction.  The lease shall provide for expiration before initiation of project construction.  The money received from such leases shall be placed in the water assistance fund.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.328. Lease Contribution Equivalent to Taxes

Sec. 15.328.  LEASE CONTRIBUTION EQUIVALENT TO TAXES.  The lease may provide for contribution by the lessee to units of local government of amounts equivalent to ad valorem taxes or special assessments.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.329. Inspection of Projects

Sec. 15.329.  INSPECTION OF PROJECTS.  (a)  The board may inspect the construction of a project any time to assure that:
(1)  the contractor is substantially complying with the approved engineering plans of the project;  and
(2)  the contractor is constructing the project in accordance with sound engineering principles.
(b)  Inspection of a project by the board does not subject the state to any civil liability.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.042, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 977, Sec. 14, eff. June 19, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.330. Alteration of Plans

Sec. 15.330.  ALTERATION OF PLANS.  After approval of engineering plans, a political subdivision shall not make any substantial or material alteration in the plans unless the executive administrator authorizes the alteration.  For a waste water treatment plant or other facility required to have commission approval of the plans and specifications, the commission must give its approval before a substantial or material alteration is made in those plans.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.042, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 977, Sec. 14, eff. June 19, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter E. Storage Acquisition Program › Section 15.331. Certificate of Approval

Sec. 15.331.  CERTIFICATE OF APPROVAL.  The executive administrator may consider the following as grounds for refusal to give a certificate of approval for any construction contract:
(1)  failure to construct the project according to approved plans;
(2)  failure to construct the works in accordance with sound engineering principles;  or
(3)  failure to comply with any terms of the contract.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.042, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 977, Sec. 14, eff. June 19, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter F. Research and Planning Program › Section 15.401. Program Creation

Sec. 15.401.  PROGRAM CREATION.  The research and planning program is created to provide money for research into and planning of the proper conservation, management, and development of the state's water resources, for regional planning by political subdivisions, for facility engineering in economically distressed areas, and for flood control planning by political subdivisions.  The program may also provide money for research and planning by Texas political subdivisions related to the proper conservation, management, and development of water resources of areas outside Texas if such research or planning will result in water being available for use in or for the benefit of Texas or will maintain and enhance the quality of water in Texas.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1991, 72nd Leg., ch. 516, Sec. 3, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1010, Sec. 1.04, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter F. Research and Planning Program › Section 15.402. Research and Planning Fund

Sec. 15.402.  RESEARCH AND PLANNING FUND.  The research and planning fund is created in the state treasury to be funded by direct appropriation and at the discretion of the board from the money in the fund.
Added by Acts 1981, 67th Leg. 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 133, Sec. 2.13.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter F. Research and Planning Program › Section 15.403. Rules

Sec. 15.403.  RULES.  The board shall adopt rules to carry out this chapter.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter F. Research and Planning Program › Section 15.404. Research Contracts

Sec. 15.404.  RESEARCH CONTRACTS.  (a)  The board may enter into a contract with any person for research into any matter relating to the conservation and development of the state's water resources or for research by Texas political subdivisions related to the proper conservation and development of water resources of areas outside Texas if such research will result in water being available for use in or for the benefit of Texas or will help maintain and enhance the quality of water in Texas.
(b)  Before a contract is awarded, the board may prepare written specifications for the proposed contract and may require each prospective contractor to prepare and submit to the board a written proposal that includes:
(1)  a description of the proposed research project;
(2)  a detailed estimate of the cost of the proposed research project;
(3)  the estimated time required to complete the research project;  and
(4)  any other information requested by the board or required by the board's rules.
(c)  At a regular or specially called meeting of the board, the board may award a research contract to any person and may provide money from the research and planning fund in any amount the board considers adequate to carry out the research project under the contract.
(d)  The board shall adopt rules providing criteria for research projects and for eligibility of persons to receive contract awards under this section.
(e)  A contract made by the board under this section shall include:
(1)  a detailed description of the research project;
(2)  the time in which the research project is to be completed;
(3)  the total amount of money to be paid by the board from the research and planning fund for the research project;  and
(4)  any other terms and conditions required by the board's rules or agreed to by the contracting parties.
(f)  The board may enter into a supplemental contract with a contractor under this section to change any of the provisions of a contract awarded under this section including extension of time to complete the project, the award of more research funds, or changes in the planned research.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 1.05, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter F. Research and Planning Program › Section 15.406. Regional Facility Planning

Sec. 15.406.  REGIONAL FACILITY PLANNING.  (a)  The board may enter into contracts with political subdivisions to pay from the research and planning fund all or part of the cost of developing regional facility plans.
(b)  A political subdivision that desires money from the research and planning fund for regional facility planning shall submit a written application to the board in the manner and form required by board rules.
(c)  The application shall include:
(1)  the name of the political subdivision;
(2)  a citation to the laws under which the political subdivision was created and is operating including specific citation of all laws providing authority to plan, develop, and operate regional facilities;
(3)  the amount requested from the board for regional facility planning;  and
(4)  any other information required by the board in its rules or specifically requested by the board.
(d)  After notice and hearing, the board may award the applicant all or part of the requested funds that are considered necessary by the board for the political subdivision to carry out adequate regional facility planning.
(e)  If the board grants an application under this section and awards funds for regional facility planning, the board shall enter into a contract with the political subdivision that includes:
(1)  a detailed statement of the purpose for which the money is to be used;
(2)  the total amount of money to be paid from the research and planning fund under the contract;  and
(3)  any other terms and conditions required by board rules or agreed to by the contracting parties.
(f)  The board shall adopt rules establishing criteria of eligibility for regional facility planning money that considers:
(1)  the relative need of the political subdivision for the money;
(2)  the legal authority of the political subdivision to plan, develop, and operate regional facilities;
(3)  the effect of regional facility planning by the political subdivision on overall regional facility planning, development, and operation in the state and within the area in which the political subdivision is located;  and
(4)  the degree to which the regional facility planning by the political subdivision is consistent with an approved regional water plan for the area in which the political subdivision is located.
(g)  The board may require that regional facility plans developed under contracts entered into under this section be made available to the commission as provided by board rules.
Added by Acts 1985, 69th Leg., ch. 133, Sec. 2.13.  Amended by Acts 1987, 70th Leg., ch. 977, Sec. 15, eff. June 19, 1987;  Acts 1997, 75th Leg., ch. 1010, Sec. 1.06, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter F. Research and Planning Program › Section 15.4063. Environmental Flows Funding

Sec. 15.4063.  ENVIRONMENTAL FLOWS FUNDING.  The board may authorize the use of money in the research and planning fund:
(1)  to compensate the members of the Texas environmental flows science advisory committee established under Section 11.02361 for attendance and participation at meetings of the committee and for transportation, meals, lodging, or other travel expenses associated with attendance at those meetings as provided by the General Appropriations Act;
(2)  for contracts with cooperating state and federal agencies and universities and with private entities as necessary to provide technical assistance to enable the Texas environmental flows science advisory committee and the basin and bay expert science teams established under Section 11.02362 to perform their statutory duties;
(3)  to compensate the members of the basin and bay expert science teams established under Section 11.02362 for attendance and participation at meetings of the basin and bay expert science teams and for transportation, meals, lodging, or other travel expenses associated with attendance at those meetings as provided by the General Appropriations Act; and
(4)  for contracts with political subdivisions designated as representatives of basin and bay area stakeholders committees established under Section 11.02362 to fund all or part of the administrative expenses incurred in conducting meetings of the basin and bay area stakeholders committees or the pertinent basin and bay expert science teams.
Added by Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.22, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.22, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter G. State Water Implementation Fund for Texas › Section 15.431. Definitions

Sec. 15.431.  DEFINITIONS.  In this subchapter:
(1)  "Advisory committee" means the State Water Implementation Fund for Texas Advisory Committee.
(2)  "Fund" means the state water implementation fund for Texas.
(3)  "Historically underutilized business" has the meaning assigned by Section 2161.001, Government Code.
(4)  "Trust company" means the Texas Treasury Safekeeping Trust Company.
Added by Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 2.02, eff. November 5, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter G. State Water Implementation Fund for Texas › Section 15.432. Fund

Sec. 15.432.  FUND.  (a)  The state water implementation fund for Texas is a special fund in the state treasury outside the general revenue fund to be used by the board, without further legislative appropriation, for the purpose of implementing the state water plan as provided by this subchapter.  The board may establish separate accounts in the fund.  The fund and the fund's accounts are kept and held by the trust company for and in the name of the board.  The board has legal title to money and investments in the fund until money is disbursed from the fund as provided by this subchapter and board rules.  It is the intent of the legislature that the fund will never be used:
(1)  for a purpose other than the support of projects in the state water plan; or
(2)  to certify that appropriations from the treasury are within the amount estimated to be available in a fund of the treasury affected by the appropriation.
(b)  Money deposited to the credit of the fund may be used only as provided by this subchapter.
(c)  The fund consists of:
(1)  money transferred or deposited to the credit of the fund by law, including money from any source transferred or deposited to the credit of the fund at the board's discretion as authorized by law;
(2)  the proceeds of any fee or tax imposed by this state that by statute is dedicated for deposit to the credit of the fund;
(3)  any other revenue that the legislature by statute dedicates for deposit to the credit of the fund;
(4)  investment earnings and interest earned on amounts credited to the fund; and
(5)  money transferred to the fund under a bond enhancement agreement from another fund or account to which money from the fund was transferred under a bond enhancement agreement, as authorized by Section 15.435.
Added by Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 2.02, eff. November 5, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter G. State Water Implementation Fund for Texas › Section 15.434. Use of Fund; Payments to and From Other Funds or Accounts

Sec. 15.434.  USE OF FUND; PAYMENTS TO AND FROM OTHER FUNDS OR ACCOUNTS.  (a)  At the direction of the board, the trust company shall make disbursements from the fund to another fund or account pursuant to a bond enhancement agreement authorized by Section 15.435 in the amounts the board determines are needed for debt service payments on or security provisions of the board's general obligation bonds or revenue bonds, after considering all other sources available for those purposes in the respective fund or account.
(b)  Of the money disbursed from the fund during the five-year period between the adoption of a state water plan and the adoption of a new plan, the board shall undertake to apply not less than:
(1)  10 percent to support projects described by Section 15.435 that are for:
(A)  rural political subdivisions; or
(B)  agricultural water conservation; and
(2)  20 percent to support projects described by Section 15.435, including agricultural irrigation projects, that are designed for water conservation or reuse.
Added by Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 2.02, eff. November 5, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1064 (S.B. 469), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter G. State Water Implementation Fund for Texas › Section 15.437. Prioritization of Projects by Board

Sec. 15.437.  PRIORITIZATION OF PROJECTS BY BOARD.  (a)  The board shall prioritize projects included in the state water plan for the purpose of providing financial assistance under this subchapter.
(b)  The board shall establish a point 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 in awarding points to projects that will have a substantial effect, including projects that will:
(1)  serve a large population;
(2)  provide assistance to a diverse urban and rural population;
(3)  provide regionalization; or
(4)  meet a high percentage of the water supply needs of the water users to be served by the project.
(d)  In addition to the criteria provided by Subsection (c), the board must also consider at least the following criteria in prioritizing projects:
(1)  the local contribution to be made to finance the project, including the up-front capital to be provided by the applicant;
(2)  the financial capacity of the applicant to repay the financial assistance provided;
(3)  the ability of the board and the applicant to timely leverage state financing with local and federal funding;
(4)  whether there is an emergency need for the project, taking into consideration whether:
(A)  the applicant is included at the time of the application on the list maintained by the commission of local public water systems that have a water supply that will last less than 180 days without additional rainfall; and
(B)  federal funding for which the project is eligible has been used or sought;
(5)  if the applicant is applying for financial assistance for the project under Subchapter Q, whether the applicant is ready to proceed with the project at the time of the application, including whether:
(A)  all preliminary planning and design work associated with the project has been completed;
(B)  the applicant has acquired the water rights associated with the project;
(C)  the applicant has secured funding for the project from other sources; and
(D)  the applicant is able to begin implementing or constructing the project; and
(6)  the demonstrated or projected effect of the project on water conservation, including preventing the loss of water, taking into consideration, if applicable, whether the applicant has filed a water audit with the board under Section 16.0121 that demonstrates that the applicant is accountable with regard to reducing water loss and increasing efficiency in the distribution of water.
Added by Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 2.02, eff. November 5, 2013.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 68 (H.B. 1905), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter G. State Water Implementation Fund for Texas › Section 15.439. Rules

Sec. 15.439.  RULES.  (a)  The board shall adopt rules providing for the use of money in the fund that are consistent with this subchapter, including rules:
(1)  establishing standards for determining whether projects meet the criteria provided by Section 15.434(b); and
(2)  specifying the manner for prioritizing projects for purposes of Section 15.437.
(b)  The board shall give full consideration to the recommendations of the advisory committee before adopting rules under this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 2.02, eff. November 5, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 921 (S.B. 1511), Sec. 1, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 68 (H.B. 1905), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter G. State Water Implementation Fund for Texas › Section 15.440. Reporting and Transparency Requirements

Sec. 15.440.  REPORTING AND TRANSPARENCY REQUIREMENTS.  (a)  Not later than December 1 of each even-numbered year, the board shall provide a report to the governor, lieutenant governor, speaker of the house of representatives, and members of the legislature regarding the use of the fund, including the use of the fund to support projects that are for rural political subdivisions or agricultural water conservation or that are designed for water conservation or reuse as required by Section 15.434(b).
(b)  The board shall post the following information on the board's Internet website regarding the use of the fund and regularly update the information posted:
(1)  the progress made in developing needed water supply statewide and for the benefit of each regional water planning area;
(2)  for each regional water planning area, a description of each project funded through bonds supported by a bond enhancement agreement entered into under Section 15.435, including:
(A)  the expected date of completion of the project;
(B)  the current status of the project;
(C)  the amount of bonds issued and the terms of the bonds;
(D)  a summary of the terms of the bond enhancement agreement; and
(E)  the status of repayment of any loan provided in connection with the project, including an assessment of the risk of default based on a standard risk rating system;
(3)  a description of the investment portfolio of the fund;
(4)  the expenses incurred in investing money in the fund;
(5)  the rate of return on the investment of money in the fund;
(6)  a description of the point system for prioritizing projects established by the board under Section 15.437(b) and the number of points awarded by the board for each project;
(7)  any nonconfidential information submitted to the board as part of an application for financial assistance under this subchapter that is approved by the board;
(8)  the administrative and operating expenses incurred by the board in developing the state water plan and providing financial assistance for projects included in the plan; and
(9)  any other information required by board rule.
Added by Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 2.02, eff. November 5, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 147 (H.B. 280), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter G. State Water Implementation Fund for Texas › Section 15.441. Policies and Procedures to Mitigate or Minimize Adverse Effects of Certain Federal Laws

Sec. 15.441.  POLICIES AND PROCEDURES TO MITIGATE OR MINIMIZE ADVERSE EFFECTS OF CERTAIN FEDERAL LAWS.  The board shall adopt, and may amend from time to time at the board's discretion, policies and procedures for the purpose of mitigating or minimizing the adverse effects, if any, of federal laws and regulations relating to income taxes, arbitrage, rebates, and related matters that may restrict the board's ability to freely invest all or part of the fund or to receive and retain all the earnings from the fund.
Added by Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 2.02, eff. November 5, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter H. State Water Implementation Revenue Fund for Texas › Section 15.471. Definition

Sec. 15.471.  DEFINITION.  In this subchapter, "fund" means the state water implementation revenue fund for Texas.
Added by Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 2.02, eff. November 5, 2013.