reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.955. Persons Designated to Act as Agents of Board

Sec. 17.955.  PERSONS DESIGNATED TO ACT AS AGENTS OF BOARD.  (a)  In the resolution the board may delegate authority to one or more officers, employees, or agents designated by the board to act on behalf of the board during the time any series of water financial assistance bonds are outstanding to:
(1)  fix dates, prices, interest rates, amortization schedules, redemption features, and interest payment periods;
(2)  perform duties and obligations of the board under a bond enhancement agreement;  and
(3)  perform other procedures specified in the resolution.
(b)  The person designated by the board may adjust the interest on water financial assistance bonds and perform all duties described in a bond enhancement agreement as necessary to permit the water financial assistance bonds to be sold or resold at par in conjunction with secondary market transactions.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.956. Texas Water Development Fund Ii

Sec. 17.956.  TEXAS WATER DEVELOPMENT FUND II.  The fund is a special fund in the state treasury, and all water financial assistance bond proceeds shall be deposited in the state treasury to the credit of the fund.  The fund shall contain a "state participation account," an "economically distressed areas program account," and a "financial assistance account," and proceeds from the sale of water financial assistance bonds issued for the purpose of providing financial assistance to political subdivisions shall be credited to such accounts as provided by resolution by the board.  By resolution, the board may create additional accounts within the fund as the board determines are necessary or convenient for the administration of the fund.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.957. State Participation Account

Sec. 17.957.  STATE PARTICIPATION ACCOUNT.  (a)  The Texas Water Development Fund II state participation account, referred to as the "state participation account," is an account established within the fund in the state treasury.  Transfers shall be made from this account as provided by this subchapter.
(b)  The state participation account is composed of:
(1)  money and assets attributable to water financial assistance bonds designated by the board as issued for projects described in Sections 16.131 and 16.146;
(2)  money from the sale, transfer, or lease of a project described in Subdivision (1) that was acquired, constructed, reconstructed, developed, or enlarged with money from the state participation account;
(3)  payments received under a bond enhancement agreement with respect to water financial assistance bonds designated by the board as issued for projects described in Sections 16.131 and 16.146;
(4)  investment income earned on money on deposit in the state participation account;
(5)  money disbursed to the fund from the state water implementation fund for Texas as authorized by Section 15.434; and
(6)  any other funds, regardless of their source, that the board directs be deposited to the credit of the state participation account.
(c)  Money on deposit in the state participation account may be used by the board for projects described in Sections 16.131 and 16.146 in the manner that the board determines necessary for the administration of the fund.
(c-1)  The comptroller shall establish a subaccount in the state participation account to be known as the state participation account II.  The board may credit to the subaccount money in the state participation account allocated by the board for the purposes of Section 16.146. The board may transfer money from the subaccount to the state participation account if the board determines the money is needed for the purposes of Section 16.131.
(d)  The board shall transfer back to the state water implementation fund for Texas any money disbursed to the fund as described by Subsection (b)(5) of this section if the requirements of Section 15.435 are satisfied.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 2.16, eff. November 5, 2013.
Acts 2019, 86th Leg., R.S., Ch. 752 (H.B. 1052), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.958. Economically Distressed Areas Program Account

Sec. 17.958.  ECONOMICALLY DISTRESSED AREAS PROGRAM ACCOUNT.  (a)  The Texas Water Development Fund II economically distressed areas program account, referred to as the "economically distressed areas program account," is an account established within the fund in the state treasury.  Transfers shall be made from this account as provided by this subchapter.
(b)  The economically distressed areas program account is composed of:
(1)  money and assets attributable to water financial assistance bonds designated by the board as issued for projects described in Subchapter K;
(2)  money provided by the federal government, the state, political subdivisions, and private entities for the purpose of paying debt service on water financial assistance bonds issued for purposes provided by Subchapter K;
(3)  payments received under a bond enhancement agreement with respect to water financial assistance bonds designated by the board as issued for purposes provided by Subchapter K;
(4)  investment income earned on money on deposit in the economically distressed areas program account;  and
(5)  any other funds, regardless of their source, that the board directs be deposited to the credit of the economically distressed areas program account.
(c)  Money on deposit in the economically distressed areas program account may be used by the board for purposes provided by Subchapter K in the manner that the board determines necessary for the administration of the fund.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.959. Financial Assistance Account

Sec. 17.959.  FINANCIAL ASSISTANCE ACCOUNT.  (a)  The Texas Water Development Fund II water financial assistance account, referred to as the "financial assistance account," is an account established within the fund in the state treasury.  Transfers shall be made from this account as provided by this subchapter.
(b)  The financial assistance account is composed of:
(1)  money and assets attributable to water financial assistance bonds designated by the board as issued for purposes described in Section 49-d-8, Article III, Texas Constitution, other than for purposes described in Sections 17.957 and 17.958;
(2)  payments received under a bond enhancement agreement with respect to water financial assistance bonds designated by the board as issued for purposes described in Section 49-d-8, Article III, Texas Constitution, other than for purposes described in Sections 17.957 and 17.958;
(3)  investment income earned on money on deposit in the financial assistance account;  and
(4)  any other funds, regardless of their source, that the board directs be deposited to the credit of the financial assistance account.
(c)  Money on deposit in the financial assistance account may be used by the board for any one or more of the purposes described in Section 49-d-8, Article III, Texas Constitution, other than for purposes described in Sections 17.957 and 17.958, in the manner that the board determines necessary for the administration of the fund.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.960. Bond Resolutions

Sec. 17.960.  BOND RESOLUTIONS.  (a)  In the resolution, the board may make additional covenants with respect to water financial assistance bonds and may provide for:
(1)  the flow of funds;
(2)  the establishment of accounts and subaccounts within the fund that the board determines are necessary for the administration of the fund;
(3)  at the discretion of the board, the payment of fees and expenses of the board in connection with providing financial assistance to political subdivisions as the board determines are necessary for the administration of the fund;
(4)  the maintenance, investment, and management of money within the fund and any accounts established by resolution by the board;  and
(5)  any other provisions and covenants that the board determines are necessary for the administration of the fund.
(b)  The board may invest and reinvest money in the fund and any account therein in any obligations or securities as provided by the resolution or by rule adopted by the board.
(c)  The board may adopt and have executed other proceedings, agreements, or trust agreements or instruments necessary in the issuance of water financial assistance bonds, including, without limitation, bond enhancement agreements.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.961. Transfers to Revolving Funds

Sec. 17.961.  TRANSFERS TO REVOLVING FUNDS.  (a)  In order to implement and administer a revolving loan program established under Title VI of the Federal Water Pollution Control Act (33 U.S.C. Section 1381 et seq.), the board may direct the comptroller to transfer amounts from the financial assistance account to the state water pollution control revolving fund created by Section 15.601 to provide financial assistance pursuant to this subchapter.
(b)  In order to implement and administer a revolving loan program established by any other federal legislation, including, without limitation, Title XIV of the federal Public Health Service Act, or any federal agency program under which an additional state revolving fund, as defined in Section 15.602, has been established, the board may direct the comptroller to transfer amounts from the financial assistance account to such additional state revolving fund to provide financial assistance pursuant to this subchapter.
(c)  The board shall use the state water pollution control revolving fund in accordance with Section 15.604(a)(4) and Section 603(d)(4), Federal Water Pollution Control Act (33 U.S.C. Section 1383), as a source of revenue to be deposited in accordance with this subchapter for the payment of principal and interest on water financial assistance bonds issued by the board, the proceeds of which are deposited into the state water pollution control revolving fund, and to make payments under a bond enhancement agreement with respect to principal or interest on the water financial assistance bonds.
(d)  In the event amounts are transferred to any additional state revolving fund, as defined in Section 15.602, pursuant to Subsection (b), the board shall, to the extent permitted by the federal legislation or federal agency program under which such additional state revolving fund was established, use the additional state revolving fund as a source of revenue to be deposited in accordance with this subchapter for the payment of principal and interest on water financial assistance bonds issued by the board, the proceeds of which are deposited into the additional state revolving fund, and to make payments under a bond enhancement agreement with respect to principal or interest on the water financial assistance bonds.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.9615. Transfers to Rural Water Assistance Fund

Sec. 17.9615.  TRANSFERS TO RURAL WATER ASSISTANCE FUND.  (a)  The board may direct the comptroller to transfer amounts from the financial assistance account to the rural water assistance fund to provide financial assistance to rural political subdivisions under this subchapter for the purposes provided in Section 15.994.
(b)  The board shall use the rural water assistance fund as a source of revenue to be deposited in accordance with this subchapter for the payment of principal and interest on water financial assistance bonds issued by the board, the proceeds of which are to be deposited into the rural water assistance fund and to be used to make payments under a bond enhancement agreement with respect to principal or interest on the water financial assistance bonds.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 4.22, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1275, Sec. 3(47), eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1064 (S.B. 469), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.9616. Transfer to Water Infrastructure Fund

Sec. 17.9616.  TRANSFER TO WATER INFRASTRUCTURE FUND.  (a)  The board may direct the comptroller to transfer amounts from the financial assistance account to the water infrastructure fund to provide financial assistance under this subchapter for the purposes provided in Section 15.974.
(b)  The board shall use the water infrastructure fund as a source of revenue to be deposited in accordance with this subchapter for the payment of principal and interest on water financial assistance bonds issued by the board, the proceeds of which are to be deposited into the water infrastructure fund and to be used to make payments under a bond enhancement agreement with respect to principal or interest on the water financial assistance bonds or for any other purpose authorized by Section 17.959(c).
Added by Acts 2001, 77th Leg., ch. 966, Sec. 4.23, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1275, Sec. 3(48), eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 324 (H.B. 1904), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.9617. Transfers to State Water Implementation Revenue Fund for Texas

Sec. 17.9617.  TRANSFERS TO STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS.  (a) The board may direct the comptroller to transfer money or other assets from an account in the fund, including from the financial assistance account or from the state participation account, to the state water implementation revenue fund for Texas to provide financial assistance under this subchapter and Subchapter H, Chapter 15.
(b)  A transfer of money or other assets from an account in the fund may not cause general obligation bonds that are payable from the fund or from an account in the fund to no longer be self-supporting for purposes of Section 49-j(b), Article III, Texas Constitution, as determined by the board.
(c)  The board shall use the state water implementation revenue fund for Texas, or an account in that fund, as a source of revenue to be deposited in accordance with this subchapter for the payment of principal and interest on water financial assistance bonds issued by the board, the proceeds of which are to be deposited into the state water implementation revenue fund for Texas, or the account in that fund, and to be used to make payments under a bond enhancement agreement with respect to principal or interest on the water financial assistance bonds.
Added by Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 2.17, eff. November 5, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.962. State Approvals

Sec. 17.962.  STATE APPROVALS.  (a)  Water financial assistance bonds may not be issued under this subchapter unless such issuance has been reviewed and approved by the bond review board.
(b)  The proceedings relating to the water financial assistance bonds issued under this subchapter are subject to review and approval by the attorney general in the same manner and with the same effect as provided by Chapter 1371, Government Code.
(c)  After approval by the attorney general of the proceedings relating to water financial assistance bonds issued under this subchapter, registration of the proceedings by the comptroller, and delivery of the water financial assistance bonds to the purchasers, the water financial assistance bonds are incontestable and constitute general obligations of the state.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.413, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.963. Payment of Board Obligations

Sec. 17.963.  PAYMENT OF BOARD OBLIGATIONS.  (a)  The board shall cooperate with the comptroller to develop procedures for the payment of principal and interest on water financial assistance bonds and any obligation under a bond enhancement agreement, as the same become due and owing.
(b)  If there is not enough money in any account of the fund available to pay the principal and interest on water financial assistance bonds issued for such account, including money to make payments by the board under a bond enhancement agreement with respect to principal or interest on such water financial assistance bonds, the board shall notify the comptroller of such occurrence, and the comptroller shall transfer out of the first money coming into the state treasury not otherwise appropriated by the constitution the amount required to pay the obligations of the board that are due and owing.  The comptroller shall make the transfers required by Section 49-d-8, Article III, Texas Constitution, and this subchapter in the manner specified in the resolution.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.964. Eligible Security

Sec. 17.964.  ELIGIBLE SECURITY.  Water financial assistance bonds are eligible to secure deposits of public funds of the state and political subdivisions of the state.  Water financial assistance bonds are lawful and sufficient security for deposits to the extent of their face value.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.965. Legal Investments

Sec. 17.965.  LEGAL INVESTMENTS.  Water financial assistance bonds are legal and authorized investments for:
(1)  banks;
(2)  savings banks;
(3)  trust companies;
(4)  savings and loan associations;
(5)  insurance companies;
(6)  fiduciaries;
(7)  trustees;
(8)  guardians;  and
(9)  sinking funds and other public funds of the state and its agencies and of political subdivisions of the state.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.966. Mutilated, Lost, or Destroyed Bonds

Sec. 17.966.  MUTILATED, LOST, OR DESTROYED BONDS.  The board may provide for the replacement of mutilated, lost, or destroyed water financial assistance bonds.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.967. Refunding Bonds

Sec. 17.967.  REFUNDING BONDS.  (a)  The board by resolution may provide for the issuance of water financial assistance bonds to refund outstanding bonds and water financial assistance bonds issued under this chapter and federal contractual obligations incurred under Section 49-d, Article III, Texas Constitution.
(b)  The board may sell the refunding water financial assistance bonds and use the proceeds to retire any of the outstanding obligations described in Subsection (a), exchange the refunding water financial assistance bonds for the outstanding bonds or water financial assistance bonds, or refund any of the outstanding obligations described in Subsection (a) in the manner provided by any other applicable statute, including Chapter 1207, Government Code.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.414, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.968. Sale of Political Subdivision Bonds by the Board; Use of Proceeds

Sec. 17.968.  SALE OF POLITICAL SUBDIVISION BONDS BY THE BOARD;  USE OF PROCEEDS.  (a)  The board may sell or dispose of political subdivision bonds or other assets purchased with money in the fund to any person, including the Texas Water Resources Finance Authority, or to another fund administered by the board, including the state water implementation revenue fund for Texas, and the board, in such manner as it shall determine, may apply the proceeds of the sale of political subdivision bonds or other assets held by the board to:
(1)  pay debt service on water financial assistance bonds issued under this subchapter; or
(2)  provide financial assistance to political subdivisions for any one or more of the purposes authorized by Section 49-d-8, Article III, Texas Constitution.
(a-1)  A sale or disposition of political subdivision bonds or other assets may not cause general obligation bonds that are payable from the fund or from an account in the fund to no longer be self-supporting for purposes of Section 49-j(b), Article III, Texas Constitution, as determined by the board.
(b)  The board shall sell the political subdivision bonds at the price and under the terms that it determines to be reasonable.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 2.18, eff. November 5, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.969. Tax Exempt Bonds

Sec. 17.969.  TAX EXEMPT BONDS.  Since the board is performing an essential governmental function in the exercise of the powers conferred on it by this chapter, water financial assistance bonds issued under this subchapter and the interest and income from the water financial assistance bonds, including any profit made on the sale of water financial assistance bonds, and all fees, charges, gifts, grants, revenues, receipts, and other money received or pledged to pay or secure the payment of water financial assistance bonds are free from taxation and assessments of every kind by this state and any city, county, district, authority, or other political subdivision of this state.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.970. Enforcement by Mandamus

Sec. 17.970.  ENFORCEMENT BY MANDAMUS.  Payment of water financial assistance bonds and obligations incurred under bond enhancement agreements and performance of official duties prescribed by Section 49-d-8, Article III, Texas Constitution, and this subchapter may be enforced in a court of competent jurisdiction by mandamus or other appropriate proceedings.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter L. Water Financial Assistance Bond Program › Section 17.971. Subchapter Cumulative of Other Laws

Sec. 17.971.  SUBCHAPTER CUMULATIVE OF OTHER LAWS.  (a)  This subchapter is cumulative of other laws on the subject, and the board may use provisions of other applicable laws in the issuance of water financial assistance bonds and the execution of bond enhancement agreements, but this subchapter is wholly sufficient authority for the issuance of water financial assistance bonds, the execution of bond enhancement agreements, and the performance of all other acts and procedures authorized by this subchapter.
(b)  In addition to other authority granted by this subchapter, the board may exercise the authority granted to the governing body of an issuer with regard to the issuance of obligations under Chapter 1371, Government Code.
(c)  In exercising the powers granted to the board under this subchapter, the board may exercise any powers granted to it under this chapter and Chapter 16 including the powers described in Subchapters D, E, F, G, and K, notwithstanding any provision in this chapter or Chapter 16 that may be inconsistent with or in conflict with the provisions of this subchapter as a result of the establishment of the fund as a fund separate and distinct from the existing Texas Water Development Fund, it being the intent of the legislature that the financial assistance made available to political subdivisions under this subchapter, in pursuance of the authority granted by Section 49-d-8, Article III, Texas Constitution, be provided by the board in the manner the board deems necessary to achieve the purposes of Section 49-d-8, Article III, Texas Constitution, and notwithstanding any other existing provisions in this chapter or Chapter 16, the provisions of this chapter and Chapter 16 shall be inclusive of the provisions of this subchapter and Section 49-d-8, Article III, Texas Constitution.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.03.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.415, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter M. Required Training for Applicants for and Recipients of Economically Distressed Areas Program Financial Assistance › Section 17.991. Definitions

Sec. 17.991.  DEFINITIONS.  In this subchapter:
(1)  "Operating entity" means the governing body of a political subdivision responsible for providing water supply and sewer services and the management of its water and sewer system, as defined by rules of the board.
(2)  "Political subdivision" has the meaning assigned by Section 17.921.
Added by Acts 2001, 77th Leg., ch. 720, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter M. Required Training for Applicants for and Recipients of Economically Distressed Areas Program Financial Assistance › Section 17.992. Training for Applicants

Sec. 17.992.  TRAINING FOR APPLICANTS.  The board may require the operating entity of a political subdivision that applies for financial assistance under Subchapter K to complete a training program approved by the board if the board determines that training is necessary.
Added by Acts 2001, 77th Leg., ch. 720, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter M. Required Training for Applicants for and Recipients of Economically Distressed Areas Program Financial Assistance › Section 17.993. Training for Operating Entities

Sec. 17.993.  TRAINING FOR OPERATING ENTITIES.  (a)  The commission or the board may evaluate whether an operating entity needs training if the operating entity:
(1)  requests financial assistance or an amendment to the project plan or budget;
(2)  requests more time to meet its obligations under a repayment schedule;
(3)  does not provide required documentation; or
(4)  has a history of compliance problems, as determined by the commission.
(b)  The board or the commission may determine that training is necessary if, after an examination and evaluation of the operating entity's managerial, financial, and technical capabilities, the board or commission finds that the operating entity's managerial, financial, or technical capabilities are inadequate to ensure the project will meet program requirements or remain financially viable.
(c)  The commission by rule shall establish a preenforcement threshold of noncompliance at which the commission may notify the board that an operating entity needs training.
(d)  If the commission assesses a penalty against an operating entity in an enforcement action, the enforcement order must contain a provision requiring that the operating entity receive training as ordered by the board.  The commission shall notify the board when the commission assesses a penalty against an operating entity.
Added by Acts 2001, 77th Leg., ch. 720, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 927 (H.B. 467), Sec. 12, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter M. Required Training for Applicants for and Recipients of Economically Distressed Areas Program Financial Assistance › Section 17.994. Training Requirements

Sec. 17.994.  TRAINING REQUIREMENTS.  (a)  The board by order shall require an operating entity to undergo appropriate training if the board:
(1)  determines that training is necessary under Section 17.992 or 17.993(a) or (b);  or
(2)  receives notice from the commission that the commission finds that training is necessary under Section 17.993.
(b)  The board shall refer the operating entity to an appropriate individual, association, business organization, or governmental entity for training required by the order.
(c)  The person providing the training shall conduct an assessment of the operating entity for which training is ordered, determine who needs training, and devise a training program to address the deficiencies identified in the assessment.
(d)  The person providing the training shall present a proposed training program to the board for approval.  If the training program is approved by the board, the person shall conduct the required training.
(e)  On completion of the training, the person who provided the training shall issue a certificate of completion to the participants in the training and to the board.
(f)  A political subdivision shall reimburse a participant in training for reasonable expenses incurred in completing the training.
(g)  Not later than January 15 each year, each person who provides training under this section shall report to the board a list of political subdivisions for which the person provided training required under this section during the previous calendar year.
Added by Acts 2001, 77th Leg., ch. 720, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 18 - Marine Seawater Desalination Projects › Section 18.001. Definitions

Sec. 18.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Commission on Environmental Quality.
(2)  "Marine seawater" means water that is derived from the Gulf of Mexico.
(3)  "Project" means:
(A)  a marine seawater desalination project; or
(B)  a facility for the storage, conveyance, and delivery of desalinated marine seawater.
Added by Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 10, eff. June 17, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 18 - Marine Seawater Desalination Projects › Section 18.002. Relationship to Other Laws

Sec. 18.002.  RELATIONSHIP TO OTHER LAWS.  (a)  Except as provided by Subsection (b) or as otherwise provided by law:
(1)  Chapter 11 applies to a permit or authorization under Section 18.003 or 18.004 in the same manner as that chapter applies to a permit or authorization under that chapter; and
(2)  Chapter 26 applies to a permit under Section 18.005 in the same manner as that chapter applies to a permit under that chapter.
(b)  In the event of a conflict between this chapter and Chapter 11 or 26, this chapter controls.
(c)  This chapter is intended to provide an alternative procedure for obtaining an authorization to divert and use state water that consists of marine seawater or to discharge treated marine seawater or waste resulting from the desalination of treated marine seawater under the circumstances provided by this chapter.  This chapter does not affect the authority of a person to:
(1)  divert and use state water that consists of marine seawater in accordance with the procedures provided by Chapter 11, including the authority to divert marine seawater from a point of diversion located in a bay or estuary; or
(2)  discharge treated marine seawater or waste resulting from the desalination of treated marine seawater in accordance with the procedures provided by Chapter 26, including the authority to discharge waste resulting from the desalination of marine seawater into a bay or estuary.
Added by Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 10, eff. June 17, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 18 - Marine Seawater Desalination Projects › Section 18.004. Bed and Banks Authorization

Sec. 18.004.  BED AND BANKS AUTHORIZATION.  (a)  With prior authorization granted under rules prescribed by the commission, a person may use the bed and banks of any flowing natural stream in this state or a lake, reservoir, or other impoundment in this state to convey marine seawater that has been treated so as to meet standards that are at least as stringent as the water quality standards applicable to the receiving stream or impoundment adopted by the commission.
(b)  The commission shall provide for notice and an opportunity for the submission of written comment but may not provide an opportunity for a contested case hearing regarding commission actions relating to an application for an authorization under this section to use the bed and banks of a flowing natural stream to convey treated marine seawater.  The commission shall provide for notice, an opportunity for the submission of written comment, and an opportunity for a contested case hearing regarding commission actions relating to an application for an authorization under this section to use a lake, reservoir, or other impoundment to convey treated marine seawater.
(c)  A person may not discharge treated marine seawater into a flowing natural stream in this state or a lake, reservoir, or other impoundment in this state for the purpose of conveyance of the water under an authorization granted under this section unless the person holds a permit issued under Section 18.005 authorizing the discharge.
(d)  Treated marine seawater that is conveyed under an authorization granted under this section may be used only by the person to whom the authorization is granted.
(e)  Section 11.042(c) applies to an authorization granted under this section in the same manner as that subsection applies to an authorization granted under Section 11.042.
(f)  This section does not prohibit a person from conveying treated marine seawater in any other manner authorized by law.
Added by Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 10, eff. June 17, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter A. General Provisions › Section 20.001. Legislative Purpose and Policy

Sec. 20.001.  LEGISLATIVE PURPOSE AND POLICY.  (a)  The legislature declares that it is the policy of the state to:
(1)  encourage and assist in the conservation and development of the water resources of the state for all useful and lawful purposes by the acquisition, improvement, extension, or construction of water resource conservation and development projects;
(2)  encourage the optimum development of the feasible sites available for the construction or enlargement of dams and reservoirs for conservation of the public water of the state held in trust for the use and benefit of the public through assistance and participation in the acquisition and development of water storage facilities and systems or works necessary for filtration, treatment, and transportation of water from storage to points of treatment, filtration, and distribution;
(3)  aid in the protection of the quality of the water resources of the state by encouraging and assisting in the financing of water quality enhancement projects;  and
(4)  aid in flood control, drainage, subsidence control, recharge, chloride control, agricultural soil and water conservation, and desalinization by encouraging and assisting in the financing of projects necessary to those purposes.
(b)  The legislature finds that existing mechanisms for implementing the policies stated in Subsection (a) of this section may be enhanced by financing as provided in this subchapter.
(c)  The legislature finds that to enhance the ability of the state to aid in the accomplishment of the purposes stated in Subsection (a) of this section, it is necessary to create a water resources finance authority for the purpose of increasing the availability of financing by purchasing political subdivision bonds, and the legislature declares that the creation of the authority for this purpose is a public purpose and a use for which public money may be borrowed, spent, advanced, loaned, granted, or appropriated, and that this use serves a public purpose in improving or otherwise benefitting the people of this state.  Also, the legislature determines and declares the necessity of enacting this subchapter is in the public interest.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter B. Administrative Provisions › Section 20.011. Creation of Authority

Sec. 20.011.  CREATION OF AUTHORITY.  (a)  The Texas Water Resources Finance Authority is created as a governmental entity and a body politic and corporate.
(b)  The exercise of the powers and duties by the authority under this chapter constitutes an essential public purpose of the state in promoting the general welfare of the state and its citizens.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter B. Administrative Provisions › Section 20.012. Board of Directors

Sec. 20.012.  BOARD OF DIRECTORS.  (a)  The authority is governed by a board of directors composed of the directors of the development board.
(b)  Each director serves on the board as an additional duty to those required of a member of the development board.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 626 (S.B. 1301), Sec. 1, eff. June 16, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter B. Administrative Provisions › Section 20.013. Compensation; Reimbursement

Sec. 20.013.  COMPENSATION;  REIMBURSEMENT.  The directors are not entitled to receive compensation for their service on the board but are entitled to be reimbursed for their expenses in performing their powers and duties under this chapter.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter B. Administrative Provisions › Section 20.014. Organization of Board

Sec. 20.014.  ORGANIZATION OF BOARD.  (a)  The board shall select from its membership one person to serve as chairman and one person to serve as vice-chairman.
(b)  The person selected as chairman shall preside at meetings of the board and perform other duties directed by the board, and the vice-chairman shall preside at meetings of the board in the absence of the chairman.
(c)  The board shall select persons to serve as secretary and treasurer for the authority.  The persons selected as secretary and treasurer are not required to be directors and the positions of secretary and treasurer may be held by one person.  The board also may appoint assistant secretaries.
(d)  The secretary is the custodian of the minutes, books, records, and seal of the board, and the secretary and the treasurer shall perform duties as directed by the board.
(e)  The chairman, vice-chairman, secretary, and treasurer shall be selected by the board at the first meeting of the board following January 31 of each odd-numbered year.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter B. Administrative Provisions › Section 20.015. Board Meetings

Sec. 20.015.  BOARD MEETINGS.  (a)  The board shall hold regular meetings at times provided by its rules and shall meet at least once each calendar year.
(b)  The board may hold special meetings at the call of the chairman or on request of a majority of the directors.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 626 (S.B. 1301), Sec. 2, eff. June 16, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter B. Administrative Provisions › Section 20.016. Rules and Resolutions

Sec. 20.016.  RULES AND RESOLUTIONS.  The board may adopt rules that are necessary to carry out this chapter and may take official action by adoption of a resolution or order.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter B. Administrative Provisions › Section 20.017. Liability

Sec. 20.017.  LIABILITY.  A director or officer of the authority is not liable for any bonds issued or contracts executed by the authority.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter B. Administrative Provisions › Section 20.018. General Fiscal Authority

Sec. 20.018.  GENERAL FISCAL AUTHORITY.  The board may acquire, hold, invest and reinvest in authorized investments, deposit, use, and dispose of the authority's revenues, income, receipts, funds, and money from every source and may select its depository or depositories, inside or outside the state, subject only to this chapter and any covenants with respect to the authority's bonds.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter B. Administrative Provisions › Section 20.019. Property Tax Exempt

Sec. 20.019.  PROPERTY TAX EXEMPT.  (a)  The property of the authority, its income, and its operations are exempt from all taxes and assessments imposed by the state and political subdivisions on property acquired or used by the authority under this chapter.
(b)  If the authority is dissolved, all of its rights and properties vest in the state.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter B. Administrative Provisions › Section 20.020. Fiscal Year; Annual Audit

Sec. 20.020.  FISCAL YEAR;  ANNUAL AUDIT.  (a)  The authority shall operate on a fiscal year beginning September 1.
(b)  The state auditor may audit the authority's books and accounts, based on a risk assessment performed by the state auditor and subject to the legislative audit committee's approval of including the audit in the audit plan under Section 321.013, Government Code. The cost of an audit shall be paid by the authority.
(c)  A copy of the audit shall be filed with the governor and with both houses of the legislature on or before January 1 of each year, except if the audit is being made by the state auditor and is not available by January 1, it shall be filed as soon as it is available.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.  Amended by Acts 2003, 78th Leg., ch. 785, Sec. 50, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter B. Administrative Provisions › Section 20.021. Authority Expenses

Sec. 20.021.  AUTHORITY EXPENSES.  (a)  Expenses incurred by the authority under this Act shall be paid solely from revenues or funds provided or to be provided under this chapter.
(b)  This chapter may not be construed to authorize the authority to incur any indebtedness or liability on behalf of or payable by the state.
(c)  The authority may not accept and is not entitled to receive any money appropriated by the state.
(d)  The board shall use all available sources of revenue and income to pay expenses of operation and maintenance of the authority, to pay the premium, principal of and interest on bonds, and to create and maintain any reserves or funds provided by resolutions authorizing the issuance of bonds.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter B. Administrative Provisions › Section 20.022. Suits

Sec. 20.022.  SUITS.  The authority may sue and be sued in the courts of this state in the name of the authority, and the courts shall take judicial notice of the creation of the authority.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter B. Administrative Provisions › Section 20.023. Seal

Sec. 20.023.  SEAL.  The board may adopt a seal for the authority.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 20 - Texas Water Resources Finance Authority › Subchapter C. Powers and Duties › Section 20.041. General Powers and Duties

Sec. 20.041.  GENERAL POWERS AND DUTIES.  The authority may exercise any authority necessary or appropriate to carry out the purposes of this chapter.
Added by Acts 1987, 70th Leg., ch. 728, Sec. 1, eff. June 20, 1987.