88R16344 JAM-F
 
  By: King of Uvalde H.B. No. 10

Statutes affected:
Introduced: Water Code 15.994, Water Code 16.0121, Water Code 16.4021 (Water Code 15, Water Code 16)

 
 
A BILL TO BE ENTITLED
AN ACT
relating to financial assistance provided and programs
administered by the Texas Water Development Board.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 15, Water Code, is amended by adding
Subchapter G-1 to read as follows:
SUBCHAPTER G-1. NEW WATER SUPPLY FOR TEXAS FUND
       Sec. 15.451.  DEFINITION. In this subchapter, "fund" means
the new water supply for Texas fund.
       Sec. 15.452.  FUND. The new water supply for Texas fund is a
special fund in the state treasury. The fund consists of:
             (1)  money appropriated to the board for a purpose of
the fund;
             (2)  money the board transfers to the fund from an
available source;
             (3)  depository interest allocable to the fund and
other investment returns on money in the fund;
             (4)  money from gifts, grants, or donations to the
fund; and
             (5)  any other fees or sources of revenue that the
legislature may dedicate for deposit to the fund.
       Sec. 15.453.  USE OF FUND. (a)  The board by rule shall
undertake to finance projects through the fund that will lead to the
acquisition or creation of seven million acre-feet of new water
supplies by December 31, 2033.
       (b)  The fund may be used only to provide low-interest loans
to political subdivisions and wholesale water providers to develop
water supply projects that create new water sources for the state
including:
             (1)  the acquisition of water from other states;
             (2)  the development of infrastructure to transport
water from other states;
             (3)  desalination projects, including marine and
brackish water desalination;
             (4)  produced water treatment projects; and
             (5)  research into new technology that may lead to the
development of significant new water supply sources, as determined
by the board based on the amount of water the technology may
produce.
       (c)  The fund may be used to provide zero interest loans,
negative interest loans, or loan forgiveness for any purpose
described by Subsection (b) under criteria developed by the board.  
Loans made under this subchapter may provide for repayment terms of
up to 40 years, in the board's discretion.
       (d)  Financial assistance described by Subsection (c) for a
purpose described by Subsection (b) may be provided for a public
works project that includes the participation of or a financial
contribution from a nongovernmental entity, including a wholesale
water provider, only if a political subdivision is a participant in
the project.
       (e)  The board may not provide financial assistance from the
fund if the balance of the fund is less than $50 million.
       Sec. 15.454.  FINANCIAL ASSISTANCE. (a) The board shall
adopt rules necessary to administer this subchapter, including
rules establishing procedures for the application for and award of
loans, the distribution of loans, the investment of funds, and the
administration of loans and the fund.
       (b)  In passing on an application from a political
subdivision or wholesale water provider for financial assistance,
the board shall consider:
             (1)  the needs of the area to be served by the project,
the expected benefit of the project to the area, the relationship of
the project to the water needs of this state overall, and the
relationship of the project to the state water plan;
             (2)  the amount of water expected to be produced by the
project; and
             (3)  the availability of revenue to the political
subdivision or wholesale water provider from all sources for the
ultimate repayment of the cost of the project, including all
interest.
       (c)  The board by resolution may approve an application if,