reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter K. Texas Water Bank › Section 15.703. Operation of the Bank; Rules

Sec. 15.703.  OPERATION OF THE BANK;  RULES.  (a)  The board may take all actions necessary to operate the water bank and to facilitate the transfer of water rights from the water bank for future beneficial use including but not limited to:
(1)  negotiating a sale price and terms acceptable to the depositor and purchaser;
(2)  maintaining a registry of water bank deposits and those water users in need of additional supplies;
(3)  informing water users in need of additional supply of water rights available in the bank;
(4)  encouraging water right holders to implement water conservation practices and deposit the right to use the conserved water into the bank;
(5)  establishing requirements for deposit of a water right into the water bank including minimum terms for deposit;
(6)  purchasing, holding, and transferring water or water rights in its own name;
(7)  establishing regional water banks;
(8)  acting as a clearinghouse for water marketing information including water availability, pricing of water transactions, environmental considerations, and potential buyers and sellers of water rights;
(9)  preparing and publishing a manual on structuring water transactions;
(10)  accepting and holding donations of water rights to meet instream, water quality, fish and wildlife habitat, or bay and estuary inflow needs;
(11)  entering into contracts with persons to pay for feasibility studies or the preparation of plans and specifications relating to water conservation efforts or to estimate the amount of water that would be saved through conservation efforts;  and
(12)  other actions to facilitate water transactions.
(b)  The board may adopt rules necessary for implementation of the Texas Water Bank.
(c)  The board may contract with any person to achieve the purposes of this subchapter.
Added by Acts 1993, 73rd Leg., ch. 647, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 2.15, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 61, Sec. 1, eff. May 10, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter K. Texas Water Bank › Section 15.7031. Texas Water Trust

Sec. 15.7031.  TEXAS WATER TRUST.  (a)  The Texas Water Trust is established within the water bank to hold water rights dedicated to environmental needs, including instream flows, water quality, fish and wildlife habitat, or bay and estuary inflows.
(b)  The board, in consultation with the Parks and Wildlife Department and the commission, shall adopt rules governing the process for holding and transferring water rights.
(c)  The dedication of any water rights placed in trust must be reviewed and approved by the commission, in consultation with the board and the Parks and Wildlife Department.  In addition, the Department of Agriculture may provide input to the commission, as appropriate, during the review and approval process for dedication of water rights.
(d)  Water rights may be held in the trust for a term specified by contractual agreement or in perpetuity.
(e)  The Parks and Wildlife Department may manage rights in the trust:
(1)  under a voluntary agreement with a rights holder; and
(2)  in the manner described by Section 12.028(c), Parks and Wildlife Code.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 2.16, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 456, Sec. 2, eff. June 18, 1999;  Acts 1999, 76th Leg., ch. 979, Sec. 2, eff. June 18, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 689 (H.B. 2225), 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 K. Texas Water Bank › Section 15.704. Transfers and Conditions

Sec. 15.704.  TRANSFERS AND CONDITIONS.  (a)  A water right may be deposited in the water bank for an initial term of up to 10 years, unless otherwise held in the Texas Water Trust as established under Section 15.7031 of this code, during which time the water right is exempt from cancellation by the commission under the terms of Subchapter E of Chapter 11  of this code.  A water right is exempt from cancellation under this subsection only once even if it has been transferred or redeposited.
(b)  The commission may not bring a cancellation action under Subchapter E of Chapter 11 of this code for a 10-year period following commission approval of any necessary actions relating to a water right which has been transferred while on deposit in the water bank.
(c)  A contract or option contract to allow use of a water right under this subchapter:
(1)  may include a requirement that the purchaser show diligence in pursuing feasible and practicable alternative water supplies;  and
(2)  does not vest any right in the purchaser beyond the stated terms and conditions of the contract or option contract.
Added by Acts 1993, 73rd Leg., ch. 647, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 2.17, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter K. Texas Water Bank › Section 15.705. Fees

Sec. 15.705.  FEES.  (a)  The board may charge a transaction fee per transfer not to exceed one percent of the value of the water or water right received into or transferred from the water bank to cover expenses of the board in operating the water bank.
(b)  The board shall place the fees in the water bank account of the water assistance fund where they shall be separately accounted for and used, with interest, only for the administration and operation of the water bank by the board.
Added by Acts 1993, 73rd Leg., ch. 647, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1999, 76th Leg., ch. 61, Sec. 2, eff. May 10, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter K. Texas Water Bank › Section 15.706. Reports

Sec. 15.706.  REPORTS.  The commission and the board shall provide ready access by the other agency through manual or computer capabilities to all water rights permits, final water rights decisions, applications, amendments, contracts, computerized files, computer programs, and other information related to water rights and to the operation of the water bank.  The commission shall provide the board with all notices of proposed water rights actions.
Added by Acts 1993, 73rd Leg., ch. 647, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter K. Texas Water Bank › Section 15.707. Water Bank Account

Sec. 15.707.  WATER BANK ACCOUNT.  (a)  The water bank account is created as a special account in the water assistance fund and is composed of:
(1)  money appropriated to the board for the program;
(2)  fees collected by the board under this subchapter;
(3)  money transferred to the account from the water assistance fund in Section 15.011(c) of this code;
(4)  grants, contracts, gifts, or other such funds that the board may receive relating to this subchapter;
(5)  money received from the transfer of water or water rights held in the board's name in the bank;  and
(6)  interest earned on the investment of money in the account.
(b)  The money in the account may be used only for the administration and operation of the water bank by the board under this subchapter.
Added by Acts 1993, 73rd Leg., ch. 647, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1999, 76th Leg., ch. 61, Sec. 3, eff. May 10, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter K. Texas Water Bank › Section 15.708. Other Transfers

Sec. 15.708.  OTHER TRANSFERS.  Nothing in this subchapter shall prevent the sale or purchase of water or water rights by or through persons or entities outside of the water bank or the creation and operation of water banks by other persons to the extent allowed by law.
Added by Acts 1993, 73rd Leg., ch. 647, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter L. Plumbing Improvement Loans › Section 15.731. Definitions

Sec. 15.731.  DEFINITIONS.  In this subchapter:
(1)  "Fund" means the plumbing loan fund.
(2)  "Plumbing assistance loan" means a loan provided by the board to a political subdivision for the political subdivision's plumbing improvement loan program.
(3)  "Plumbing improvement loan" means a loan provided by a political subdivision to an individual under this subchapter.
(4)  "Political subdivision" means a county, a municipality, a nonprofit member-owned, member-controlled water supply corporation organized and operating under Chapter 67, or a district or authority created and operating under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution.
(5)  "Water conservation" has the meaning assigned by Section 17.921 of this code.
Added by Acts 1991, 72nd Leg., ch. 294, Sec. 6, eff. June 7, 1991.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.57, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter L. Plumbing Improvement Loans › Section 15.732. Plumbing Loan Fund

Sec. 15.732.  PLUMBING LOAN FUND.  (a)  The plumbing loan fund is created.
(b)  The fund is held separately from other funds outside the state treasury.  The board shall keep and maintain the fund and any accounts established in the fund.
(c)  At the direction of the board, the fund or accounts in the fund may be kept and held in escrow and in trust by the comptroller for and on behalf of the board.  If the fund or accounts in the fund are held in escrow and in trust by the comptroller, the fund or accounts may be used only as provided by this subchapter and, pending their use, shall be invested in authorized investments as provided by any order, resolution, or rule of the board.
(d)  Legal title to money and investments in the fund is in the board unless or until paid out as provided by this subchapter or rules of the board.
(e)  The comptroller, as custodian, shall administer the funds strictly and solely as provided by this subchapter and in the orders, resolutions, and rules of the board, and the state shall take no action with respect to the fund other than that specified in this subchapter, an agreement made with the Environmental Protection Agency or another federal agency, applicable federal requirements, and the rules of the board.
Added by Acts 1991, 72nd Leg., ch. 294, Sec. 6, eff. June 7, 1991.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 20.04, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter L. Plumbing Improvement Loans › Section 15.733. Administration and Operation of Fund

Sec. 15.733.  ADMINISTRATION AND OPERATION OF FUND.  (a)  The board shall administer the fund in accordance with state law, rules of the board, and any federal requirements imposed because of a grant of money to the fund by an agency of the federal government.
(b)  The board may execute agreements with the Environmental Protection Agency or any other federal agency to establish and administer the fund and may discharge the duties and responsibilities required for the administration of the fund.
(c)  The fund consists of money derived from federal grants, from earnings on the investment of money credited to the fund, and, at the board's discretion, from any other available source.
(d)  The board shall deposit money received for repayment of a plumbing assistance loan made to a political subdivision in the fund.
(e)  At the direction of the governor, any money in the fund may be transferred to the state water pollution control revolving fund under Subchapter J of this chapter.
(f)  The fund remains available in perpetuity for providing loans under this subchapter, except to the extent that the fund may be reduced or eliminated as provided by this subchapter.
Added by Acts 1991, 72nd Leg., ch. 294, Sec. 6, eff. June 7, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter L. Plumbing Improvement Loans › Section 15.734. Use of Fund

Sec. 15.734.  USE OF FUND.  The board may use money in the fund, unless prohibited by an agreement made with a federal agency under this subchapter, to:
(1)  make a plumbing assistance loan;
(2)  administer the fund;  and
(3)  grant or lend money to a political subdivision to defray the political subdivision's expenses incurred in administering a plumbing improvement loan program.
Added by Acts 1991, 72nd Leg., ch. 294, Sec. 6, eff. June 7, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter L. Plumbing Improvement Loans › Section 15.735. Application Submission and Approval

Sec. 15.735.  APPLICATION SUBMISSION AND APPROVAL.  (a)  A political subdivision located in the county of Brewster, Cameron, El Paso, Hidalgo, Hudspeth, Maverick, Presidio, Starr, Terrell, Val Verde, Webb, or Zapata in which residences do not have water or wastewater facilities that meet minimum standards established by the commission or in any other area designated by federal law to benefit from the fund may submit to the board an application for a plumbing assistance loan in accordance with rules adopted by the board.  The application must include:
(1)  the legal name of the political subdivision and a citation to the law under which it operates and was created;
(2)  a description of the water conservation methods to be used in the provision of water and wastewater service in the area the political subdivision proposes to affect by its plumbing improvement loan program;
(3)  a map showing the location of the area the political subdivision proposes to affect by its plumbing improvement loan program;
(4)  a description of the subdivision's proposed plumbing improvement loan program;  and
(5)  other information as required by board rule.
(b)  The board may approve a plumbing assistance loan to a political subdivision only if the political subdivision is in a county that has adopted the model rules developed under Section 16.343 of this code.  The board may approve a plumbing assistance loan to a municipality only if the municipality has adopted the model rules developed under Section 16.343 of this code.
(c)  The board may approve a plumbing assistance loan to a political subdivision only if the political subdivision is, or is in an area within the jurisdiction of, an authorized agent of the commission under Subchapter C, Chapter 366, Health and Safety Code.
(d)  The board may not approve an application for a plumbing assistance loan to a political subdivision unless the board finds that the political subdivision is financially capable of managing a plumbing improvement loan program and that the public interest will be served by the plumbing assistance loan.
(e)  The board shall set interest rates to be charged to political subdivisions on plumbing assistance loans.
Added by Acts 1991, 72nd Leg., ch. 294, Sec. 6, eff. June 7, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.287, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter L. Plumbing Improvement Loans › Section 15.736. Political Subdivision Plumbing Improvement Loan Program Administration; Plumbing Assistance Loan Repayment

Sec. 15.736.  POLITICAL SUBDIVISION PLUMBING IMPROVEMENT LOAN PROGRAM ADMINISTRATION;  PLUMBING ASSISTANCE LOAN REPAYMENT.  (a)  A political subdivision that receives a plumbing assistance loan shall establish and administer a program to make plumbing improvement loans to individuals at an interest rate lower than the current market rate, including charging no interest.
(b)  A political subdivision may use the proceeds from a plumbing assistance loan to make a plumbing improvement loan to be used to pay:
(1)  costs to connect a residence to a water distribution system;
(2)  costs to provide yard service connections;
(3)  costs to provide a residence with indoor plumbing facilities and fixtures;
(4)  costs of connecting a residence to a sewer collection system or of providing a residence with a suitable on-site wastewater disposal system for the residence to meet applicable county or municipal code requirements;
(5)  costs of building improvements or correction of building deficiencies necessary to allow plumbing to be installed in a residence;
(6)  necessary connection fees and permit fees;  or
(7)  necessary costs of design related to plumbing improvements.
(c)  The political subdivision shall repay its plumbing assistance loan from the money it receives as repayment of plumbing improvement loans it has made.  To the extent the political subdivision is unable to collect the payments on its plumbing improvement loans made from the proceeds of a plumbing assistance loan, the political subdivision is not obligated to repay a plumbing assistance loan.
(d)  A political subdivision shall use all reasonable means to collect payments on plumbing improvement loans.  The board may bring a mandamus action in a district court in Travis County or may use any other legal means to compel a political subdivision to take action to collect plumbing improvement loan payments.
Added by Acts 1991, 72nd Leg., ch. 294, Sec. 6, eff. June 7, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter L. Plumbing Improvement Loans › Section 15.737. Rules

Sec. 15.737.  RULES.  The board may adopt rules necessary to carry out this subchapter.
Added by Acts 1991, 72nd Leg., ch. 294, Sec. 6, eff. June 7, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter M. Hydrographic Survey Program › Section 15.801. Definitions

Sec. 15.801.  DEFINITIONS.  In this subchapter:
(1)  "Account" means the hydrographic survey account established under Section 15.802 of this code.
(2)  "Program" means the hydrographic survey program established under this subchapter.
(3)  "Survey" means a hydrographic survey performed by the board under Section 15.804 of this code.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.062, eff. Aug. 12, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter M. Hydrographic Survey Program › Section 15.802. Hydrographic Survey Account

Sec. 15.802.  HYDROGRAPHIC SURVEY ACCOUNT.  The hydrographic survey account is created as a special account in the water assistance fund and is composed of:
(1)  money appropriated to the board for the program;
(2)  fees collected by the board under this subchapter;
(3)  money transferred to the account from the water assistance fund under Section 15.011(b) of this code;  and
(4)  interest earned on the investment of money in the account.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.062, eff. Aug. 12, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter M. Hydrographic Survey Program › Section 15.803. Use of Account

Sec. 15.803.  USE OF ACCOUNT.  Money in the account may be used only to pay the costs of surveys, the costs of insurance for watercraft and capital equipment, and the costs of capital equipment and personnel necessary to administer the program.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.062, eff. Aug. 12, 1991.  Amended by Acts 1993, 73rd Leg., ch. 477, Sec. 7, eff. Aug. 30, 1993.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter M. Hydrographic Survey Program › Section 15.804. Hydrographic Surveys

Sec. 15.804.  HYDROGRAPHIC SURVEYS.  (a)  On the request of a political subdivision or agency of this state or a neighboring state or a federal agency, the board may perform a hydrographic survey in this state or outside of this state if the information collected will benefit this state.  The board may perform a survey under this section:
(1)  to determine:
(A)  reservoir storage capacity;
(B)  sedimentation levels;
(C)  rates of sedimentation;
(D)  projected water supply availability;  or
(E)  potential mitigative measures;
(2)  to conduct other bathymetric studies;  or
(3)  to collect information relating to water-bearing formations.
(b)  The board by rule shall prescribe fees for surveys performed under this section in an amount adequate to pay the necessary and reasonable costs of the program.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.062, eff. Aug. 12, 1991.  Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 21, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter M. Hydrographic Survey Program › Section 15.805. Rules

Sec. 15.805.  RULES.  The board may adopt any rules reasonably necessary to administer the program.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.062, eff. Aug. 12, 1991.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter N. Aquatic Vegetation Management Fund › Section 15.851. Definitions

Sec. 15.851.  DEFINITIONS.  In this subchapter:
(1)  "Approved local plan" means a local plan authorized by Section 11.083, Parks and Wildlife Code, that has been approved by the Parks and Wildlife Commission, the Texas Natural Resource Conservation Commission, and the Department of Agriculture as required by Section 11.083, Parks and Wildlife Code.
(2)  Notwithstanding Section 15.001, "fund" means the aquatic vegetation management fund established under this subchapter.
(3)  Notwithstanding Section 15.001, "political subdivision" means a municipality, a county, a water district, or a state agency.
(4)  "Water district" means a conservation and reclamation district or an authority created under authority of Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution, that has jurisdiction over a public body of surface water.  The term does not include a navigation district or a port authority.
Added by Acts 1999, 76th Leg., ch. 1461, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter N. Aquatic Vegetation Management Fund › Section 15.852. Creation of Fund

Sec. 15.852.  CREATION OF FUND.  (a)  The aquatic vegetation management fund is a special account in the water assistance fund.
(b)  The fund consists of:
(1)  money appropriated to the board for the program established under this subchapter and Subchapter G, Chapter 11, Parks and Wildlife Code;
(2)  money transferred by the board from other accounts in the water assistance fund under Section 15.011(b);  and
(3)  interest earned on the investment of money in the fund.
Added by Acts 1999, 76th Leg., ch. 1461, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter N. Aquatic Vegetation Management Fund › Section 15.853. Use of Fund

Sec. 15.853.  USE OF FUND.  (a)  Money in the fund may be used only for the following purposes, in the following order of priority:
(1)  grants to the Parks and Wildlife Department:
(A)  to develop a state aquatic vegetation management plan in coordination with the Texas Natural Resource Conservation Commission, the Department of Agriculture, water districts and other political subdivisions with jurisdiction over public bodies of surface water, and public drinking water providers, as required by Section 11.082, Parks and Wildlife Code;  or
(B)  for research, outreach, and educational activities that relate to vegetation control;
(2)  grants to political subdivisions to develop local aquatic vegetation management plans that conform to the state aquatic vegetation management plan, as authorized by Section 11.083, Parks and Wildlife Code;  and
(3)  grants to political subdivisions to manage aquatic vegetation infestations under the state plan or the approved local plan adopted by the political subdivision.
(b)  The amount of funding for the purposes authorized by Subsection (a) may not exceed amounts equal to the following percentages of any biennial appropriation to the board for use under this subchapter:
(1)  30 percent, for purposes authorized by Subsection (a)(1);  and
(2)  70 percent, for purposes authorized by Subsections (a)(2) and (3), of which not more than 35 percent may be used for purposes authorized by Subsection (a)(3) using chemical treatments.
Added by Acts 1999, 76th Leg., ch. 1461, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter N. Aquatic Vegetation Management Fund › Section 15.854. Rules

Sec. 15.854.  RULES.  The board shall adopt rules necessary to administer this subchapter, including rules establishing procedures for application for and award of grants, distribution of grants, and administration of grants and the grant program established under this subchapter.
Added by Acts 1999, 76th Leg., ch. 1461, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter O. Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities › Section 15.901. Definitions

Sec. 15.901.  DEFINITIONS.  In this subchapter:
(1)  "Fund" means the disadvantaged rural community water and wastewater financial assistance fund.
(2)  Repealed by Acts 2005, 79th Leg., Ch. 1151, Sec. 17(1), eff. June 18, 2005.
(3)  "Rural community" means:
(A)  a municipality or county with a population of less than 5,000;
(B)  any portion of a political subdivision with a service population of less than 5,000 that is located outside the boundaries or extraterritorial jurisdiction of a municipality; or
(C)  a predominately residential area with a population of less than 5,000 that is located outside the corporate boundaries of a municipality.
(4)  "Disadvantaged rural community" means a rural community with a median household income that is not greater than 75 percent of the median state household income for the most recent year for which the applicable statistics are available.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 22, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1151 (H.B. 3029), Sec. 2, eff. June 18, 2005.
Acts 2005, 79th Leg., Ch. 1151 (H.B. 3029), Sec. 17(1), eff. June 18, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter O. Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities › Section 15.902. Disadvantaged Rural Community Water and Wastewater Financial Assistance Fund

Sec. 15.902.  DISADVANTAGED RURAL COMMUNITY WATER AND WASTEWATER FINANCIAL ASSISTANCE FUND.  (a)  The disadvantaged rural community water and wastewater financial assistance fund is an account in the water assistance fund.
(b)  The fund consists of:
(1)  money transferred to the fund from the water assistance fund under Section 15.011(b);
(2)  proceeds from the sale of political subdivision bonds by the board to the Texas Water Resources Finance Authority as provided by Section 17.0871;  and
(3)  repayments of loans made from the fund.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 22, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1151 (H.B. 3029), Sec. 3, eff. June 18, 2005.
Acts 2005, 79th Leg., Ch. 1151 (H.B. 3029), Sec. 4, eff. June 18, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter O. Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities › Section 15.903. Financial Assistance

Sec. 15.903.  FINANCIAL ASSISTANCE.  (a)  The fund may be used by the board to provide grants or loans of financial assistance to political subdivisions or water supply corporations for the construction, acquisition, or improvement of water and wastewater projects to provide service to disadvantaged rural communities.
(b)  The board may make financial assistance available to a political subdivision or water supply corporation by entering into a grant agreement or a loan agreement and promissory note with the subdivision or corporation, as provided by this subchapter.  A political subdivision or water supply corporation may apply for and accept the financial assistance.
(c)  The loan agreement must provide for the payment of principal and interest on the debt incurred for the project at a rate to be determined by the board.
(d)  The loan agreement must provide for the issuance of a promissory note payable to the board to evidence the obligation of the political subdivision or water supply corporation to repay the loan made in accordance with the terms of the loan agreement.
(e)  Repealed by Acts 2005, 79th Leg., Ch. 1151, Sec. 17(2), eff. June 18, 2005.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 22, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 608, Sec. 2, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1151 (H.B. 3029), Sec. 5, eff. June 18, 2005.
Acts 2005, 79th Leg., Ch. 1151 (H.B. 3029), Sec. 17(2), eff. June 18, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter O. Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities › Section 15.904. Use of Sales Tax as Loan Security

Sec. 15.904.  USE OF SALES TAX AS LOAN SECURITY.  (a)  A political subdivision or water supply corporation may pledge a percentage of its revenue to the payment of debt incurred under a loan agreement entered into with the board under this subchapter.  A municipality or county may pledge a percentage of the sales and use tax revenue received under Chapter 321 or 323, Tax Code, as applicable, to the payment of debt incurred under a loan agreement entered into with the board under this subchapter if a majority of the voters voting at an election called and held for that purpose authorize the municipality or county to pledge a portion of that revenue for that purpose.
(b)  Sections 321.506, 321.507, and 323.505, Tax Code, do not apply to taxes pledged under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 22, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1151 (H.B. 3029), Sec. 6, eff. June 18, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter O. Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities › Section 15.905. Review and Approval of Loan Agreement by Attorney General

Sec. 15.905.  REVIEW AND APPROVAL OF LOAN AGREEMENT BY ATTORNEY GENERAL.  (a)  Before a loan agreement may become effective, a record of the proceedings of the board and the political subdivision or water supply corporation authorizing the execution of the loan agreement, the loan agreement, the promissory note, and any contract providing revenue or security to pay the promissory note must be submitted to the attorney general for review and approval.
(b)  If the attorney general finds that the loan agreement and the promissory note are valid and binding obligations of the political subdivision or water supply corporation, the attorney general shall approve the documents and deliver them to the comptroller, the board, and the subdivision or corporation, together with a copy of the attorney general's legal opinion stating that approval.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 22, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1151 (H.B. 3029), Sec. 7, eff. June 18, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter O. Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities › Section 15.906. Registration

Sec. 15.906.  REGISTRATION.  On receipt of the documents required by Section 15.905(b), the comptroller shall register the record of the proceedings relating to the execution of a loan agreement.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 22, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter O. Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities › Section 15.907. Validity and Incontestability

Sec. 15.907.  VALIDITY AND INCONTESTABILITY.  On approval by the attorney general and registration by the comptroller, the loan agreement, the promissory note, a contract providing revenue or security, and any other obligation evidencing the debt are incontestable in a court and are valid, binding, and enforceable according to their terms.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 22, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter O. Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities › Section 15.909. Rules

Sec. 15.909.  RULES.  The board shall adopt necessary rules to administer this subchapter, including rules establishing procedures for application for and award of loans or grants.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 22, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1151 (H.B. 3029), Sec. 8, eff. June 18, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter O. Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities › Section 15.910. Application for Assistance

Sec. 15.910.  APPLICATION FOR ASSISTANCE.  (a)  In an application to the board for financial assistance from the fund, a political subdivision or water supply corporation must include:
(1)  its name and its principal officers;
(2)  a citation of the law under which the subdivision or corporation operates and was created;
(3)  a description of the water or wastewater project for which the financial assistance will be used;
(4)  the total cost of the project;
(5)  the amount of state financial assistance requested;
(6)  the plan for repaying any loan provided by the board for the project;
(7)  the water conservation plan required by Section 16.4021; and
(8)  any other information the board requires in order to perform its duties and to protect the public interest.
(b)  The board may not accept an application for a loan or grant of financial assistance from the fund unless it is submitted in affidavit form by the officials of the political subdivision or water supply corporation.  The board shall prescribe the affidavit form in its rules.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 16(4), eff. September 1, 2019.
(d)  In an application to the board for financial assistance from the fund, a political subdivision or water supply corporation shall include household surveys for the disadvantaged rural community to be served by the project that are acceptable to the board and contain information adequate to establish:
(1)  the median household income of the disadvantaged rural community; and
(2)  the level of community support for the project.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 22, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1151 (H.B. 3029), Sec. 9, eff. June 18, 2005.
Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 5, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 886 (H.B. 3339), Sec. 16(4), eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter O. Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities › Section 15.911. Findings Regarding Permits

Sec. 15.911.  FINDINGS REGARDING PERMITS.  (a)  The board may not release funds for the construction phase of that portion of a project that proposes surface water or groundwater development until the executive administrator makes a written finding:
(1)  that the political subdivision or water supply corporation proposing surface water development has the necessary water right authorizing it to appropriate and use the water that the project will provide; or
(2)  that the subdivision or corporation proposing groundwater development has the right to use water that the project will provide.
(b)  If the political subdivision or water supply corporation includes a proposal for a wastewater treatment project, the board may not release funds for the project construction until the subdivision or corporation has received a permit for the construction and operation of the project and approval of the plans and specifications for the project in a manner that will satisfy commission requirements for design criteria and permit conditions that apply to construction activities.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 22, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1151 (H.B. 3029), Sec. 10, eff. June 18, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter O. Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities › Section 15.912. Considerations in Acting on Application

Sec. 15.912.   CONSIDERATIONS IN ACTING ON APPLICATION.  (a)  In acting on an application for financial assistance, the board shall consider:
(1)  the needs of the area to be served by the project and the benefit of the project to the area in relation to the needs of other areas requiring state assistance in any manner and the benefits of those projects to the other areas;
(2)  the availability of revenue to the political subdivision or water supply corporation from all sources for any necessary repayment of the cost of the project, including all interest;
(3)  the relationship of the project to overall statewide needs; and
(4)  any other factors that the board considers relevant.
(b)  The board may not accept an application for a loan or grant of financial assistance from the fund for a project recommended through the state and regional water planning processes under Sections 16.051 and 16.053 if the applicant has failed to satisfactorily complete a request by the executive administrator or a regional planning group for information relevant to the project.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 22, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1151 (H.B. 3029), Sec. 11, eff. June 18, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 891 (S.B. 370), Sec. 2, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 983 (H.B. 1732), Sec. 2, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 68 (H.B. 1905), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter O. Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities › Section 15.913. Approval of Application

Sec. 15.913.  APPROVAL OF APPLICATION.  The board by resolution may approve an application for a loan or grant if, after considering the factors listed in Section 15.912 and any other relevant factors, the board finds that:
(1)  the public interest requires state participation in the project;  and
(2)  the revenue or taxes pledged by the political subdivision or water supply corporation will be sufficient to meet all the obligations assumed by the subdivision or corporation during the period of any loan provided by the board.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 22, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1151 (H.B. 3029), Sec. 12, eff. June 18, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter O. Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities › Section 15.914. Construction Contract Requirements

Sec. 15.914.  CONSTRUCTION CONTRACT REQUIREMENTS.  A political subdivision or water supply corporation receiving financial assistance under this subchapter shall require in all contracts for the construction of a project that:
(1)  each bidder furnish a bid guarantee equivalent to five percent of the bid price;
(2)  each contractor awarded a construction contract furnish performance and payment bonds as follows:
(A)  the performance bond must include guarantees that work done under the contract will be completed and performed according to approved plans and specifications and in accordance with sound construction principles and practices; and
(B)  the performance and payment bonds must be in a penal sum of not less than 100 percent of the contract price and remain in effect for one year after the date of approval by the engineer of the subdivision or corporation;
(3)  payment be made in partial payments as the work progresses;
(4)  each partial payment not exceed 95 percent of the amount due at the time of the payment as shown by the engineer of the project, but, if the project is substantially complete, a partial release of the five percent retainage may be made by the subdivision or corporation with approval of the executive administrator;
(5)  payment of the retainage remaining due on completion of the contract be made only after:
(A)  approval by the engineer for the subdivision or corporation as required under the bond proceedings;
(B)  approval by the subdivision or corporation by a resolution or other formal action;  and
(C)  certification by the executive administrator in accordance with the rules of the board that the work to be done under the contract has been completed and performed in a satisfactory manner and in accordance with sound engineering principles and practices;
(6)  no valid approval be granted unless the work done under the contract has been completed and performed in a satisfactory manner according to approved plans and specifications;  and
(7)  labor from inside the disadvantaged rural community be used to the extent possible.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 22, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1151 (H.B. 3029), Sec. 13, eff. June 18, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter O. Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities › Section 15.915. Filing Construction Contract

Sec. 15.915.  FILING CONSTRUCTION CONTRACT.  The political subdivision or water supply corporation shall file with the board a certified copy of each construction contract it enters into for the construction of all or part of a project.  Each contract must contain or have attached to it the specifications, plans, and details of all work included in the contract.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 22, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1151 (H.B. 3029), Sec. 14, eff. June 18, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter O. Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities › Section 15.916. Inspection of Projects

Sec. 15.916.  INSPECTION OF PROJECTS.  (a)  The board may inspect the construction of a project at 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 2001, 77th Leg., ch. 1234, Sec. 22, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter O. Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities › Section 15.917. Alteration of Plans

Sec. 15.917.  ALTERATION OF PLANS.  After the executive administrator approves the engineering plans, a political subdivision or water supply corporation may not make any substantial or material alteration in the plans unless the executive administrator authorizes the alteration.  The executive administrator shall review and approve or disapprove plans and specifications for all sewage collection, treatment, and disposal systems for which financial assistance is provided from the fund in a manner that will satisfy commission requirements for design criteria and permit conditions that apply to construction activities.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 22, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1151 (H.B. 3029), Sec. 15, eff. June 18, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter O. Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities › Section 15.918. Certificate of Approval

Sec. 15.918.  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 the approved plans;
(2)  failure to construct the works in accordance with sound engineering principles;  or
(3)  failure to comply with any term of the contract.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 22, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter O. Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities › Section 15.920. Authority of Political Subdivisions or Water Supply Corporations

Sec. 15.920.  AUTHORITY OF POLITICAL SUBDIVISIONS OR WATER SUPPLY CORPORATIONS.  Political subdivisions or water supply corporations that receive financial assistance from the fund are granted all necessary authority to enter into grant agreements or loan agreements and issue promissory notes in connection with the financial assistance granted under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 22, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1151 (H.B. 3029), Sec. 16, eff. June 18, 2005.