Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 1 - INTRODUCTORY PROVISIONS › Section 363.2 - Definitions of Terms

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
						shall have the following meanings, unless the context clearly indicates
						otherwise. Words defined in the Texas Water Code, Chapter 15, 16 or 17, and not
						defined here shall have the meanings provided by the appropriate Texas Water
						Code chapter.
(1) Applicant--The
					 entity applying for financial assistance, including the entity that receives
					 the financial assistance, the entity that owns the project funded under this
					 chapter, or an entity authorized to act on behalf of the applicant.
(2) Alternative Delivery Guidance--A document
					 prepared by the Board after public review and comment and reviewed periodically
					 that identifies alternative methods of project delivery available to applicants
					 for financial assistance and the requirements for utilizing an alternative
					 delivery method.
(3) Board--Texas
					 Water Development Board.
(4)
					 Building--Erecting, building, acquiring, altering, remodeling, improving, or
					 extending a water supply project, treatment works, or flood control
					 measures.
(5) Certification of
					 trust--An instrument executed by a home-rule municipality pursuant to Chapter
					 104, Local
					 Government Code, governing the management of the loan proceeds in accordance
					 with §
											114.086, Texas Property
					 Code.
(6) Closing--The time at
					 which the requirements for loan closing have been completed under §
											363.42 of this title (relating to
					 Loan Closing) and an exchange of debt for delivery of funds to either the
					 applicant, an escrow agent bank, or a trust agent has occurred.
(7) Commission--Texas Commission on
					 Environmental Quality.
(8)
					 Commitment--An offer by the board to provide financial assistance to an
					 applicant who timely fulfills the conditions required in a board
					 resolution.
(9) Construction
					 account--A separate account created and maintained for the deposit of loan
					 funds and utilized by the applicant to pay eligible expenses of the
					 project.
(10) Corporation--A
					 nonprofit water supply corporation created and operating under Texas Water
					 Code, Chapter 67.
(11) Debt--All
					 bonds, notes, certificates, book-entry obligations, and other obligations
					 authorized to be issued by any political subdivision.
(12) Department--Texas Department of State
					 Health Services.
(13) Escrow
					 account--A separate account maintained by an escrow agent for the board's
					 deposit of escrowed funds until such funds are eligible for release to the
					 construction account.
(14) Escrow
					 agent--Any of the following:
(A) a state or
					 national bank designated by the comptroller as a state depository institution
					 in accordance with Texas Government Code, Chapter 404, Subchapter C;
(B) a custodian of collateral as designated
					 in accordance with Texas Government Code, Chapter 404, Subchapter D;
					 or
(C) a municipal official
					 responsible for managing the fiscal affairs of a home-rule municipality in
					 accordance with Local Government Code, Chapter 104.