2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter F. Financial Assistance for Water Quality Enhancement Purposes › Section 17.276. Action on Application

Sec. 17.276.  ACTION ON APPLICATION.  (a)  After an application is received for financial assistance, the executive administrator shall submit the application to the board together with comments and recommendations concerning the best method of making financial assistance available.
(b)  The board may grant the application in whole or part or may deny the application.
(c)  The board has the sole responsibility and authority for selecting the political subdivisions to whom financial assistance may be provided for treatment works and the amount of any such assistance.
(d)  The board shall review and approve or disapprove plans and specifications for all sewerage collection, treatment, and disposal systems for which financial assistance is provided in any amount from water quality enhancement funds or funds granted under the Federal Water Pollution Control Act, as amended, in a manner that will satisfy commission requirements for design criteria and permit conditions that apply to construction activities.
(d-1)  The board by rule may adopt procedures allowing the use of different standards of review and approval of design criteria for plans and specifications for sewage collection, treatment, and disposal systems.
(d-2)  In establishing the appropriate standard of review and approval for plans and specifications under Subsection (d-1), the rules must require an individualized assessment that applies risk-based considerations to each project associated with the plans and specifications, including:
(1)  any potential financial risk associated with the project;
(2)  any risk to public health associated with the project; or
(3)  other relevant financial considerations associated with the project.
(d-3)  For plans and specifications subject to a limited standard of review and approval under Subsection (d-1), the board shall require the registered professional engineer who submitted the plans and specifications to make a finding that:
(1)  the plans and specifications are in substantial compliance with standards established by the commission; and
(2)  any deviation from the standards established by the commission is based on the best professional judgment of the registered professional engineer.
(e)  The deliberations, proposals, decisions, and other actions of the board under this subchapter do not require the concurrence or approval of any other governmental agency, board, commission, council, political subdivision, or other governmental entity.
(f)  When bonds or other obligations are purchased by the board, water quality enhancement funds shall be delivered to the political subdivisions entitled to receive them and shall be used only to pay construction costs of treatment works approved in this subchapter.
Amended by Acts 1987, 70th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 516, Sec. 6, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 477, Sec. 13, eff. Aug. 30, 1993;  Acts 2003, 78th Leg., ch. 1057, Sec. 7, eff. June 20, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 2.11, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 45 (H.B. 1565), Sec. 6, eff. September 1, 2023.