Bill Text: TX SB7 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to flood planning, mitigation, and infrastructure projects.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-13 - See remarks for effective date [SB7 Detail]
Download: Texas-2019-SB7-Enrolled.html
S.B. No. 7 |
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relating to flood planning, mitigation, and infrastructure | ||
projects. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. FLOOD CONTROL PLANNING | ||
SECTION 1.01. The heading to Section 15.405, Water Code, is | ||
amended to read as follows: | ||
Sec. 15.405. FLOOD CONTROL PLANNING CONTRACTS. | ||
SECTION 1.02. Section 15.405, Water Code, is amended by | ||
amending Subsections (a), (f), and (g) and adding Subsection (a-1) | ||
to read as follows: | ||
(a) In this section, "flood control planning" means any work | ||
related to: | ||
(1) planning for flood protection; | ||
(2) preparing applications for and obtaining | ||
regulatory approvals at the local, state, or federal level; | ||
(3) activities associated with administrative or | ||
legal proceedings by regulatory agencies; and | ||
(4) preparing engineering plans and specifications to | ||
provide structural or nonstructural flood mitigation and drainage. | ||
(a-1) The board may enter into contracts with political | ||
subdivisions to pay from the research and planning fund all or part | ||
of the cost of [ |
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political subdivision. | ||
(f) The board shall adopt rules establishing criteria of | ||
eligibility for flood control planning money that considers: | ||
(1) the relative need of the political subdivision for | ||
the money, giving greater importance to a county that has a median | ||
household income that is not greater than 85 percent of the median | ||
state household income; | ||
(2) the legal authority of the political subdivision | ||
to plan for and control flooding; and | ||
(3) the effect of flood control planning by the | ||
political subdivision on overall flood control in the state and | ||
within the area in which the political subdivision is located. | ||
(g) The board shall require that flood control planning | ||
documents [ |
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section be made available to the commission. | ||
ARTICLE 2. FLOOD INFRASTRUCTURE FUND | ||
SECTION 2.01. Chapter 15, Water Code, is amended by adding | ||
Subchapter I to read as follows: | ||
SUBCHAPTER I. FLOOD INFRASTRUCTURE FUND | ||
Sec. 15.531. DEFINITIONS. In this subchapter: | ||
(1) "Eligible political subdivision" means a district | ||
or authority created under Section 52, Article III, or Section 59, | ||
Article XVI, Texas Constitution, a municipality, or a county. | ||
(2) "Flood project" means a drainage, flood | ||
mitigation, or flood control project, including: | ||
(A) planning and design activities; | ||
(B) work to obtain regulatory approval to provide | ||
nonstructural and structural flood mitigation and drainage; | ||
(C) construction of structural flood mitigation | ||
and drainage infrastructure; and | ||
(D) construction and implementation of | ||
nonstructural projects, including projects that use nature-based | ||
features to protect, mitigate, or reduce flood risk. | ||
(3) "Infrastructure fund" means the flood | ||
infrastructure fund. | ||
(4) "Metropolitan statistical area" means an area so | ||
designated by the United States Office of Management and Budget. | ||
Sec. 15.532. FINDINGS. The legislature finds that: | ||
(1) the creation of the infrastructure fund and the | ||
administration of the fund by the board will encourage the | ||
development of nonstructural and structural flood mitigation in the | ||
state; | ||
(2) the use of the infrastructure fund is in | ||
furtherance of the public purpose of mitigating the effects of | ||
flooding in the state; and | ||
(3) the use of the infrastructure fund for the | ||
purposes provided by this subchapter is for the benefit of both the | ||
state and the political subdivisions to which the board makes | ||
financial assistance available in accordance with this subchapter | ||
and constitutes a program under Sections 49-d-3 and 52-a, Article | ||
III, Texas Constitution. | ||
Sec. 15.533. FLOOD INFRASTRUCTURE FUND. (a) The flood | ||
infrastructure fund is a special fund in the state treasury outside | ||
the general revenue fund. | ||
(b) The infrastructure fund may be used by the board, | ||
without further legislative appropriation, only as provided by this | ||
subchapter. | ||
(c) The infrastructure fund consists of: | ||
(1) appropriations from the legislature for a purpose | ||
of the infrastructure fund; | ||
(2) proceeds of general obligation bonds issued for a | ||
purpose of the infrastructure fund; | ||
(3) any fees or other sources of revenue that the | ||
legislature dedicates for deposit to the infrastructure fund; | ||
(4) repayments of loans made from the infrastructure | ||
fund; | ||
(5) interest earned on money credited to the | ||
infrastructure fund; | ||
(6) depository interest allocable to the | ||
infrastructure fund; | ||
(7) money from gifts, grants, or donations to the | ||
infrastructure fund; and | ||
(8) money from revenue bonds or other sources | ||
designated by the board for deposit to the infrastructure fund. | ||
Sec. 15.534. USE OF INFRASTRUCTURE FUND. (a) The board | ||
may use the infrastructure fund only: | ||
(1) to make a loan to an eligible political | ||
subdivision at or below market interest rates for a flood project; | ||
(2) to make a grant or loan at or below market interest | ||
rates to an eligible political subdivision for a flood project to | ||
serve an area outside of a metropolitan statistical area in order to | ||
ensure that the flood project is implemented; | ||
(3) to make a loan at or below market interest rates | ||
for planning and design costs, permitting costs, and other costs | ||
associated with state or federal regulatory activities with respect | ||
to a flood project; | ||
(4) to make a grant to an eligible political | ||
subdivision to provide matching funds to enable the eligible | ||
political subdivision to participate in a federal program for a | ||
flood project; | ||
(5) to make a grant to an eligible political | ||
subdivision for a flood project if the board determines that the | ||
eligible political subdivision does not have the ability to repay a | ||
loan; | ||
(6) as a source of revenue or security for the payment | ||
of principal and interest on bonds issued by the board if the | ||
proceeds of the sale of the bonds will be deposited in the | ||
infrastructure fund; | ||
(7) to pay the necessary and reasonable expenses of | ||
the board in administering the infrastructure fund; and | ||
(8) to make transfers to the research and planning | ||
fund created under Section 15.402 of this chapter. | ||
(b) Principal and interest payments on loans made under | ||
Subsection (a)(3) may be deferred for not more than 10 years or | ||
until construction of the flood project is completed, whichever is | ||
earlier. | ||
Sec. 15.535. APPLICATION REQUIREMENTS. (a) Except as | ||
provided by Subsection (c), an eligible political subdivision | ||
applying for financial assistance under this subchapter for a | ||
proposed flood project must demonstrate in the application that: | ||
(1) the eligible political subdivision has acted | ||
cooperatively with other political subdivisions to address flood | ||
control needs in the area in which the eligible political | ||
subdivisions are located; | ||
(2) all eligible political subdivisions substantially | ||
affected by the proposed flood project have participated in the | ||
process of developing the proposed flood project; | ||
(3) the eligible political subdivisions, separately | ||
or in cooperation, have held public meetings to accept comment on | ||
proposed flood projects from interested parties; and | ||
(4) the technical requirements for the proposed flood | ||
project have been completed and compared against any other | ||
potential flood projects in the same area. | ||
(b) The application must include an analysis of whether the | ||
proposed flood project could use floodwater capture techniques for | ||
water supply purposes, including floodwater harvesting, detention | ||
or retention basins, or other methods of capturing storm flow or | ||
unappropriated flood flow. | ||
(c) An eligible political subdivision applying for | ||
assistance under Section 15.534(a)(3) is not required to make the | ||
demonstration described by Subsection (a)(4) of this section. | ||
Sec. 15.536. APPROVAL OF APPLICATIONS. On review and | ||
recommendation by the executive administrator, the board may | ||
approve an application only if the board finds that: | ||
(1) the application and the assistance applied for | ||
meet the requirements of this subchapter and board rules; | ||
(2) the application demonstrates a sufficient level of | ||
cooperation among eligible political subdivisions and includes all | ||
of the eligible political subdivisions substantially affected by | ||
the flood project; and | ||
(3) the taxes or other revenue, or both the taxes and | ||
other revenue, pledged by the applicant will be sufficient to meet | ||
all the obligations assumed by the eligible political subdivision. | ||
Sec. 15.537. RULES. The board shall adopt rules necessary | ||
to carry out this subchapter, including rules: | ||
(1) that establish procedures for an application for | ||
and for the award of financial assistance; | ||
(2) for the investment of money; and | ||
(3) for the administration of the infrastructure fund. | ||
Sec. 15.538. INFORMATION CLEARINGHOUSE. The board shall | ||
act as a clearinghouse for information about state and federal | ||
flood planning, mitigation, and control programs that may serve as | ||
a source of funding for flood projects. | ||
Sec. 15.539. LIABILITY. Participation in cooperative flood | ||
planning to obtain money under this subchapter does not subject the | ||
state or an eligible political subdivision to civil liability in | ||
regard to a flood project. | ||
Sec. 15.540. ADVISORY COMMITTEE. (a) In this section, | ||
"advisory committee" means the State Water Implementation Fund for | ||
Texas Advisory Committee described by Section 15.438. | ||
(b) The advisory committee shall: | ||
(1) review the overall operation, function, and | ||
structure of the infrastructure fund at least semiannually and may | ||
provide comments and recommendations to the board on any matter; | ||
and | ||
(2) make recommendations to the board regarding | ||
information on the infrastructure fund to be posted on the board's | ||
Internet website. | ||
(c) The advisory committee may: | ||
(1) submit comments and recommendations to the board | ||
regarding the use of money in the infrastructure fund and for use by | ||
the board in adopting rules; and | ||
(2) adopt rules, procedures, and policies as needed to | ||
administer this section and implement its responsibilities. | ||
SECTION 2.02. Subchapter H, Chapter 49, Water Code, is | ||
amended by adding Section 49.239 to read as follows: | ||
Sec. 49.239. COOPERATIVE FLOOD CONTROL. A district, | ||
including a river authority, may participate in cooperative flood | ||
control planning for the purpose of obtaining financial assistance | ||
as an eligible political subdivision for a flood control project | ||
under Subchapter I, Chapter 15. | ||
SECTION 2.03. Contingent on legislation of the 86th | ||
Legislature, Regular Session, 2019, that requires the creation of a | ||
state flood plan passing and becoming law, on the date that the | ||
Texas Water Development Board adopts the initial state flood plan | ||
in accordance with that law: | ||
(1) Section 15.534, Water Code, as added by this Act, | ||
expires; and | ||
(2) Subchapter I, Chapter 15, Water Code, is amended | ||
by adding Section 15.5341 to read as follows: | ||
Sec. 15.5341. USE OF INFRASTRUCTURE FUND. (a) The board | ||
may use the infrastructure fund only to provide financing for flood | ||
projects included in the state flood plan. | ||
(b) Money from the infrastructure fund may be awarded to | ||
several eligible political subdivisions for a single flood project. | ||
ARTICLE 3. TEXAS INFRASTRUCTURE RESILIENCY FUND | ||
SECTION 3.01. Chapter 16, Water Code, is amended by adding | ||
Subchapter L to read as follows: | ||
SUBCHAPTER L. FLOOD PROJECT FUNDING | ||
Sec. 16.451. DEFINITIONS. In this subchapter: | ||
(1) "Advisory committee" means the Texas | ||
Infrastructure Resiliency Fund Advisory Committee. | ||
(2) "Eligible political subdivision" means a district | ||
or authority created under Section 52, Article III, or Section 59, | ||
Article XVI, Texas Constitution, a municipality, or a county. | ||
(3) "Flood project" means a drainage, flood | ||
mitigation, or flood control project, including: | ||
(A) planning and design activities; | ||
(B) work to obtain regulatory approval to provide | ||
structural and nonstructural flood mitigation and drainage; | ||
(C) construction of structural flood mitigation | ||
and drainage infrastructure; | ||
(D) nonstructural or natural flood control | ||
strategies; and | ||
(E) a federally authorized project to deepen a | ||
ship channel affected by a flooding event. | ||
(4) "Resiliency fund" means the Texas infrastructure | ||
resiliency fund. | ||
Sec. 16.452. TEXAS INFRASTRUCTURE RESILIENCY FUND. | ||
(a) The Texas infrastructure resiliency fund is a special fund in | ||
the state treasury outside the general revenue fund. | ||
(b) The resiliency fund shall be administered by the board | ||
in accordance with this subchapter. | ||
(c) The board may invest, reinvest, and direct the | ||
investment of any available money in the resiliency fund as | ||
provided by law for the investment of public funds. | ||
(d) Investment earnings, interest earned on amounts | ||
credited to the resiliency fund, and interest earned on loans made | ||
from the fund shall be deposited to the credit of the fund. | ||
Sec. 16.453. FLOODPLAIN MANAGEMENT ACCOUNT. (a) The | ||
floodplain management account is an account of the resiliency fund. | ||
(b) The account consists of: | ||
(1) money deposited to the credit of the account under | ||
Section 251.004, Insurance Code; | ||
(2) money directly appropriated to the board; and | ||
(3) money from gifts or grants from the United States | ||
government, local or regional governments, private sources, or | ||
other sources. | ||
(c) The board may use the account to provide financing for | ||
activities related to: | ||
(1) the collection and analysis of flood-related | ||
information; | ||
(2) flood planning, protection, mitigation, or | ||
adaptation; | ||
(3) the provision of flood-related information to the | ||
public through educational or outreach programs; or | ||
(4) evaluating the response to and mitigation of flood | ||
incidents affecting residential property, including multifamily | ||
units, located in floodplains. | ||
Sec. 16.454. HURRICANE HARVEY ACCOUNT. (a) The Hurricane | ||
Harvey account is an account in the resiliency fund. | ||
(b) The board may use the account only to provide moneys to | ||
the Texas Division of Emergency Management for the division to | ||
provide financing for projects related to Hurricane Harvey. | ||
Financing under this section includes making a: | ||
(1) grant to an eligible political subdivision to | ||
provide nonfederal matching funds to enable the subdivision to | ||
participate in a federal program for the participation in or | ||
development of: | ||
(A) a hazard mitigation project, under | ||
guidelines issued by the Federal Emergency Management Agency or the | ||
Texas Division of Emergency Management or the successor in function | ||
to those entities; | ||
(B) a public assistance project, under | ||
guidelines issued by the Federal Emergency Management Agency or the | ||
Texas Division of Emergency Management or the successor in function | ||
to those entities; or | ||
(C) assistance under guidelines issued by the | ||
Natural Resources Conservation Service, the United States Economic | ||
Development Administration, or the United States Department of | ||
Housing and Urban Development, or the successor in function to | ||
those entities; and | ||
(2) loan to an eligible political subdivision at or | ||
below market interest rates for the political subdivision's | ||
planning or design costs, permitting costs, construction costs, or | ||
other costs associated with state or federal regulatory activities | ||
with respect to a flood project. | ||
(c) A grant or loan awarded under this section may not | ||
provide more than 75 percent of the portion of the cost of the | ||
project that is paid with money other than money from a federal | ||
program. | ||
(d) In collaboration with the Texas Division of Emergency | ||
Management, the board shall establish a point system for | ||
prioritizing flood projects other than public assistance grants for | ||
which money from the Hurricane Harvey account is sought. The system | ||
must include a standard for the board to apply in determining | ||
whether a flood project qualifies for funding at the time the | ||
application for funding is filed with the board. | ||
(e) The Texas Division of Emergency Management shall give | ||
the highest consideration in awarding points to a flood project | ||
that will have a substantial effect, including a flood project | ||
that: | ||
(1) is recommended or approved by the director of the | ||
Texas Division of Emergency Management or the successor in function | ||
to that entity; and | ||
(2) meets an emergency need in a county where the | ||
governor has declared a state of disaster. | ||
(f) After review and recommendation by the executive | ||
administrator and with input from the director of the Texas | ||
Division of Emergency Management or the successor in function to | ||
that entity, the Texas Division of Emergency Management may approve | ||
an application for financial assistance under this section only if | ||
the Texas Division of Emergency Management finds that: | ||
(1) the application and assistance applied for meet | ||
the requirements of this subchapter and Texas Division of Emergency | ||
Management rules; | ||
(2) the application demonstrates a sufficient level of | ||
cooperation among applicable political subdivisions and includes | ||
all of the political subdivisions substantially affected by the | ||
flood project; and | ||
(3) the taxes or other revenue, or both the taxes and | ||
other revenue, pledged by the applicant, if applicable, will be | ||
sufficient to meet all the obligations assumed by the applicant. | ||
(g) Principal and interest payments on loans made under | ||
Subsection (b)(2) may be deferred for not more than 10 years or | ||
until construction of the flood project is completed, whichever is | ||
the shorter period. | ||
(h) Money from the account may be awarded to several | ||
eligible political subdivisions for a single flood project. | ||
(i) An eligible political subdivision that receives a grant | ||
for a flood project also may receive a loan from the account. | ||
(j) This section expires September 1, 2031. The remaining | ||
balance of the account on that date is transferred to the flood plan | ||
implementation account. | ||
Sec. 16.455. FEDERAL MATCHING ACCOUNT. (a) The federal | ||
matching account is an account in the resiliency fund. | ||
(b) The board may use the account only to meet matching | ||
requirements for projects funded partially by federal money, | ||
including projects funded by the United States Army Corps of | ||
Engineers. | ||
(c) The board may use the account to make a loan to an | ||
eligible political subdivision below market interest rates and | ||
under flexible repayment terms, including a line of credit or loan | ||
obligation with early prepayment terms, to provide financing for | ||
the local share of a federally authorized ship channel improvement | ||
project. | ||
Sec. 16.456. TEXAS INFRASTRUCTURE RESILIENCY FUND ADVISORY | ||
COMMITTEE. (a) The Texas Infrastructure Resiliency Fund Advisory | ||
Committee is composed of the seven members that serve on the State | ||
Water Implementation Fund for Texas Advisory Committee described by | ||
Section 15.438, with the co-presiding officers of that committee | ||
serving as presiding officers of the advisory committee. The | ||
director of the Texas Division of Emergency Management or the | ||
successor in function to that entity serves as a nonvoting member of | ||
the advisory committee, as an additional duty of the director's | ||
office. | ||
(b) The advisory committee may hold public hearings, formal | ||
meetings, or work sessions. Either co-presiding officer of the | ||
advisory committee may call a public hearing, formal meeting, or | ||
work session of the advisory committee at any time. The advisory | ||
committee may not take formal action at a public hearing, formal | ||
meeting, or work session unless a quorum of the committee is | ||
present. | ||
(c) Except as otherwise provided by this subsection, a | ||
member of the advisory committee is not entitled to receive | ||
compensation for service on the committee or reimbursement for | ||
expenses incurred in the performance of official duties as a member | ||
of the committee. Service on the advisory committee by a member of | ||
the senate or house of representatives is considered legislative | ||
service for which the member is entitled to reimbursement and other | ||
benefits in the same manner and to the same extent as for other | ||
legislative service. | ||
(d) The advisory committee may submit comments and | ||
recommendations to the board regarding the use of money in the | ||
resiliency fund and for use by the board in adopting rules. | ||
(e) The advisory committee shall review the overall | ||
operation, function, and structure of the resiliency fund at least | ||
semiannually and may provide comments and recommendations to the | ||
board on any matter. | ||
(f) The advisory committee may adopt rules, procedures, and | ||
policies as needed to administer this section and implement its | ||
responsibilities. | ||
(g) The advisory committee shall make recommendations to | ||
the board regarding information on the resiliency fund to be posted | ||
on the board's Internet website. | ||
(h) The advisory committee may evaluate and may provide | ||
comments or recommendations on the feasibility of the state owning, | ||
constructing, operating, and maintaining flood projects, including | ||
reservoirs and coastal barriers. | ||
(i) The board shall provide an annual report to the advisory | ||
committee on: | ||
(1) the board's compliance with statewide annual goals | ||
relating to historically underutilized businesses; and | ||
(2) the participation level of historically | ||
underutilized businesses in flood projects that receive money from | ||
the resiliency fund. | ||
(j) If the aggregate level of participation by historically | ||
underutilized businesses in flood projects that receive money from | ||
the resiliency fund does not meet statewide annual goals adopted | ||
under Chapter 2161, Government Code, the advisory committee shall | ||
make recommendations to the board to improve the participation | ||
level. | ||
(k) The board shall supply staff support to the advisory | ||
committee. | ||
(l) Chapter 2110, Government Code, does not apply to the | ||
size, composition, or duration of the advisory committee. | ||
Sec. 16.457. REPORT REQUIRED. (a) In this section, "state | ||
agency" means: | ||
(1) a department, commission, board, office, or other | ||
agency in the executive branch of state government created by the | ||
state constitution or a state statute; and | ||
(2) a general academic teaching institution as defined | ||
by Section 61.003, Education Code. | ||
(b) A state agency that uses or disburses federal money for | ||
flood research, planning, or mitigation projects shall submit a | ||
report to the board on a quarterly basis. | ||
(c) The report must include the following information about | ||
federal money used or disbursed for flood research, planning, or | ||
mitigation projects: | ||
(1) the original total of federal money received; | ||
(2) the amount of the federal money spent or disbursed | ||
to date; and | ||
(3) the eligibility requirements for receiving the | ||
federal money. | ||
Sec. 16.458. APPLICABLE LAW. Subchapter E, Chapter 17, | ||
applies to financial assistance made available from the resiliency | ||
fund, except that the board may execute contracts as necessary to | ||
evidence grant agreements. | ||
Sec. 16.459. TRANSPARENCY REQUIREMENTS. The board shall | ||
post the following information on the board's Internet website | ||
regarding the use of the resiliency fund and regularly update the | ||
information posted: | ||
(1) the progress made in developing flood projects | ||
statewide; | ||
(2) a description of each flood project that receives | ||
money from the resiliency fund, including: | ||
(A) the expected date of completion of the flood | ||
project; | ||
(B) the current status of the flood project; | ||
(C) the proposed benefit of the flood project; | ||
(D) the initial total cost estimate of the flood | ||
project and variances to the initial cost estimate exceeding five | ||
percent; | ||
(E) a listing of the eligible political | ||
subdivisions receiving money from the resiliency fund; | ||
(F) a listing of each political subdivision | ||
served by each flood project; | ||
(G) an estimate of matching funds that will be | ||
available for the flood project resulting from the use of the | ||
resiliency fund; and | ||
(H) the status of repayment of each loan provided | ||
in connection with a flood project, including an assessment of the | ||
risk of default based on a standard risk rating system; | ||
(3) a description of the point system for prioritizing | ||
flood projects and the number of points awarded by the board for | ||
each flood project; | ||
(4) any nonconfidential information submitted to the | ||
board as part of an application for funding under this subchapter | ||
that is approved by the board; | ||
(5) the administrative and operating expenses | ||
incurred by the board in administering the resiliency fund; and | ||
(6) any other information required by board rule. | ||
Sec. 16.460. RULES. The board shall adopt rules necessary | ||
to carry out this subchapter, including rules: | ||
(1) that establish procedures for an application for | ||
and for the award of financial assistance; | ||
(2) that establish the prioritization system for flood | ||
projects that receive money from the resiliency fund; | ||
(3) for the repayment of a loan from the resiliency | ||
fund; and | ||
(4) for the administration of the resiliency fund. | ||
SECTION 3.02. Section 251.004(b), Insurance Code, is | ||
amended to read as follows: | ||
(b) Each state fiscal year, the comptroller shall | ||
reallocate to the floodplain management account established under | ||
Section 16.453 [ |
||
the maintenance taxes collected under Chapter 252 and deposited in | ||
the general revenue fund. | ||
SECTION 3.03. Section 16.3161, Water Code, is repealed. | ||
SECTION 3.04. On the effective date of this Act, the | ||
Floodplain Management Account No. 0330 is transferred to the Texas | ||
infrastructure resiliency fund as an account of that fund and the | ||
balance of the Floodplain Management Account No. 0330 is | ||
transferred to the floodplain management account of the Texas | ||
infrastructure resiliency fund. | ||
SECTION 3.05. (a) Not later than the 90th day after the | ||
effective date of this Act, the Texas Infrastructure Resiliency | ||
Fund Advisory Committee shall submit recommendations to the Texas | ||
Water Development Board on the rules to be adopted by the board | ||
under Section 16.460, Water Code, as added by this Act. | ||
(b) Not later than the 90th day after the date the Texas | ||
Water Development Board receives the recommendations described by | ||
Subsection (a) of this section, the board shall adopt rules under | ||
Section 16.460, Water Code, as added by this Act. | ||
SECTION 3.06. Contingent on legislation of the 86th | ||
Legislature, Regular Session, 2019, that requires the creation of a | ||
state flood plan passing and becoming law, on the date that the | ||
Texas Water Development Board adopts the initial state flood plan | ||
in accordance with that law, Subchapter L, Chapter 16, Water Code, | ||
as added by this Act, is amended by adding Section 16.4545 to read | ||
as follows: | ||
Sec. 16.4545. FLOOD PLAN IMPLEMENTATION ACCOUNT. (a) The | ||
flood plan implementation account is an account in the resiliency | ||
fund. | ||
(b) The board may use the account only to provide financing | ||
for projects included in the state flood plan. | ||
(c) Money from the account may be awarded to several | ||
eligible political subdivisions for a single flood project. | ||
ARTICLE 4. REVENUE BONDS | ||
SECTION 4.01. Section 17.852(5), Water Code, is amended to | ||
read as follows: | ||
(5) "Project" includes water supply projects, | ||
treatment works, and flood [ |
||
Section 15.531 or 16.451. | ||
SECTION 4.02. Section 17.853(c), Water Code, is amended to | ||
read as follows: | ||
(c) The board may use the fund only: | ||
(1) to provide state matching funds for federal funds | ||
provided to the state water pollution control revolving fund or to | ||
any additional state revolving fund created under Subchapter J, | ||
Chapter 15; | ||
(2) to provide financial assistance from the proceeds | ||
of taxable bond issues to water supply corporations organized under | ||
Chapter 67, and other participants; | ||
(3) to provide financial assistance to participants | ||
for the construction of water supply projects and treatment works; | ||
(4) to provide financial assistance for an interim | ||
construction period to participants for projects for which the | ||
board will provide long-term financing through the water | ||
development fund; | ||
(5) to provide financial assistance for water supply | ||
and sewer service projects in economically distressed areas as | ||
provided by Subchapter K, Chapter 17, to the extent the board can | ||
make that assistance without adversely affecting the current or | ||
future integrity of the fund or of any other financial assistance | ||
program of the board; | ||
(6) to provide funds to the water infrastructure fund | ||
created under Section 15.973; [ |
||
(7) to provide funds to the state water implementation | ||
revenue fund for Texas; | ||
(8) to provide funds to the flood infrastructure fund | ||
created under Section 15.533; and | ||
(9) to provide funds to the Texas infrastructure | ||
resiliency fund created under Section 16.452. | ||
ARTICLE 5. EFFECTIVE DATE | ||
SECTION 5.01. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect immediately if it receives a | ||
vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. | ||
(b) Article 2 of this Act takes effect January 1, 2020, but | ||
only if the constitutional amendment proposed by the 86th | ||
Legislature, Regular Session, 2019, authorizing the legislature to | ||
provide for the creation of the flood infrastructure fund to assist | ||
in the financing of drainage, flood mitigation, and flood control | ||
projects is approved by the voters. If that amendment is not | ||
approved by the voters, Article 2 has no effect. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 7 passed the Senate on | ||
March 20, 2019, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendments on May 22, 2019, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 7 passed the House, with | ||
amendments, on May 16, 2019, by the following vote: Yeas 143, | ||
Nays 1, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |