Bill Text: TX HB2760 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to species-protection programs for the Edwards Aquifer, the Guadalupe River Basin, the San Antonio River Basin, and the San Antonio Bay and estuary system; imposing a tax.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-05 - Left pending in committee [HB2760 Detail]
Download: Texas-2011-HB2760-Introduced.html
82R10169 MXM-F | ||
By: Garza | H.B. No. 2760 |
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relating to species-protection programs for the Edwards Aquifer, | ||
the Guadalupe River Basin, the San Antonio River Basin, and the San | ||
Antonio Bay and estuary system; imposing a tax. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. FINDINGS AND DECLARATION OF POLICY. (a) The | ||
legislature makes the findings described by this section. | ||
(b) The Edwards Aquifer is a unique and complex hydrological | ||
system and has a hydrologic interrelationship with the Guadalupe | ||
River and San Antonio River Basins. The aquifer is the primary | ||
source of water for the residents of the region and is vital to the | ||
general economy and welfare of this state. In keeping with these | ||
findings, it is necessary, appropriate, and a benefit to the | ||
welfare of this state to provide for the continued proper and | ||
effective management of the aquifer to sustain the diverse economic | ||
and social interests associated with the aquifer and the interests | ||
of those species associated with the aquifer that have been listed | ||
under federal law as threatened or endangered. | ||
(c) The legislature passed the Act creating the Edwards | ||
Aquifer Authority in 1993 to provide for the necessary regulation | ||
and management of the aquifer. The management of the aquifer under | ||
the Act creating the Edwards Aquifer Authority has provided a sound | ||
and effective framework for the aquifer's management. To foster and | ||
further advance the protection of the threatened or endangered | ||
species associated with the aquifer, the legislature amended the | ||
Act creating the Edwards Aquifer Authority in 2007 to institute a | ||
consensus-based process that involves input from the United States | ||
Fish and Wildlife Service, other appropriate federal agencies, the | ||
Edwards Aquifer Authority, the Texas Commission on Environmental | ||
Quality, the Parks and Wildlife Department, the Texas Department of | ||
Agriculture, the Texas Water Development Board, the | ||
Guadalupe-Blanco River Authority, the San Antonio River Authority, | ||
the San Antonio Water System, and other interested stakeholders to | ||
develop an Edwards Aquifer recovery implementation program for the | ||
species in compliance with the federal Endangered Species Act of | ||
1973 (16 U.S.C. Section 1531 et seq.). | ||
(d) The legislature created a steering committee for the | ||
program that, after more than three years of consensus-based study, | ||
investigation, and decision making, will, by the end of 2011, | ||
present to the Edwards Aquifer Authority certain program documents | ||
containing recommended courses of action for the implementation of | ||
certain species-protection measures for the threatened or | ||
endangered species associated with the aquifer and the riverine and | ||
riparian lands at and proximately located downstream of the Comal | ||
Springs and San Marcos Springs. | ||
(e) In amending the Act creating the Edwards Aquifer | ||
Authority to institute the Edwards Aquifer recovery implementation | ||
program, a funding mechanism was not provided for the | ||
implementation of the program, and for this reason, a broad-based | ||
regional funding mechanism dedicated to the implementation of the | ||
program is required and vital to the general economy and welfare of | ||
this state, and particularly to the Edwards Aquifer region in South | ||
Central Texas and the Guadalupe River and San Antonio River Basins. | ||
The imposition of a sales and use tax in the area of the state that | ||
is the beneficiary of the activities undertaken under the Edwards | ||
Aquifer recovery implementation program is the most appropriate | ||
mechanism to generate revenue for and allocate the costs for this | ||
program and is in the public interest. | ||
(f) The Guadalupe River and San Antonio River Basins are | ||
primary sources of water for the residents of South Central Texas | ||
and for inflows into the San Antonio Bay and estuary system and are | ||
vital to the general economy and welfare of this state. The | ||
legislature also recognizes that the ecological soundness of these | ||
river basins and bay system is important to the economy, health, and | ||
well-being of the state. For these reasons, it is necessary, | ||
appropriate, and a benefit to the welfare of this state to provide | ||
for the continued proper and effective management of the Guadalupe | ||
River and San Antonio River Basins and the San Antonio Bay and | ||
estuary system to sustain the diverse economic and social interests | ||
associated with these river basins and bay system and the interests | ||
of those species that have been listed under federal law as | ||
threatened or endangered or are otherwise considered to be species | ||
of concern and are associated with these river basins and bay | ||
system. | ||
(g) To improve the foundation of work accomplished by the | ||
state relating to freshwater inflow needs for bays and estuaries in | ||
the state and to fully address bay and estuary environmental flow | ||
issues, in S.B. No. 3, Acts of the 80th Legislature, Regular | ||
Session, 2007, the legislature instituted a more intensive | ||
environmental flows process across the state to evaluate riverine | ||
environmental flow conditions and develop management strategies | ||
for addressing environmental flow needs through an ongoing, | ||
regional consensus-based, and adaptive approach involving balanced | ||
representation of stakeholders. | ||
(h) To facilitate the environmental flows process, the | ||
legislature created the environmental flows advisory group to study | ||
the public policy implications for balancing the demands on the | ||
water resources of the state resulting from a growing population | ||
and the environmental flow requirements of the riverine, bay, and | ||
estuary systems of the state, including those in the Guadalupe | ||
River and San Antonio River Basins and the San Antonio Bay and | ||
estuary system. In the course of its work, the advisory group is | ||
considering issues that it determines have importance and relevance | ||
to the protection of environmental flows in the state's riverine, | ||
bay, and estuary systems, including those of the Guadalupe River | ||
and San Antonio River Basins and the San Antonio Bay and estuary | ||
system. | ||
(i) To assist in the evaluation and recommendation process | ||
for the environmental flows process for the Guadalupe River and San | ||
Antonio River Basins and the San Antonio Bay and estuary system, a | ||
basin and bay area stakeholder committee and an expert science team | ||
were established to make recommendations to the environmental flows | ||
advisory group and the Texas Commission on Environmental Quality | ||
regarding environmental flow standards and strategies to meet those | ||
standards. After reviewing the work of the expert science team, the | ||
stakeholder committee is scheduled to make these recommendations in | ||
September 2011. After it submits its recommendations to the | ||
advisory group and the Texas Commission on Environmental Quality, | ||
the stakeholder committee will prepare a work plan as required by | ||
the environmental flows process that establishes, among other | ||
things, prioritized strategies and projects as approved by the | ||
advisory group, a periodic review of the environmental flow | ||
standards, recommendations, and strategies at least once every 10 | ||
years, specific monitoring, studies, and activities, and a schedule | ||
for continuing the validation or refinement of the environmental | ||
flow standards, analyses, recommendations, and strategies. The | ||
work plan is scheduled to be completed in 2012-2013 and will be | ||
submitted to the advisory group for approval as required by the | ||
environmental flows process. | ||
(j) In creating the environmental flows process, a funding | ||
mechanism was not provided for the development of the work plan or | ||
the implementation of strategies to meet the environmental flow | ||
standards recommended by the stakeholder committee for the | ||
Guadalupe River and San Antonio River Basins and the San Antonio Bay | ||
and estuary system, and for this reason, a broad-based regional | ||
funding mechanism dedicated to the development and implementation | ||
of the environmental flows work plan for the Guadalupe River and San | ||
Antonio River Basins and the San Antonio Bay and estuary system is | ||
required and vital to the general economy and welfare of this state, | ||
and particularly to the region encompassed by these river basins | ||
and estuary system. The imposition of a sales and use tax in the | ||
area of the state that is the beneficiary of the activities | ||
undertaken under the environmental flows process for these river | ||
basins and estuary system is the most appropriate mechanism to | ||
generate revenue for and allocate the costs for this process and is | ||
in the public interest. Because the Edwards Aquifer and the | ||
Guadalupe River and San Antonio River Basins have a hydrologic | ||
interrelationship, it is appropriate to consider them together in | ||
the creation of a regional funding mechanism for the implementation | ||
of the species-protection programs associated with these | ||
hydrologic systems. | ||
SECTION 2. SALES AND USE TAX. Subtitle C, Title 3, Tax | ||
Code, is amended by adding Chapter 328 to read as follows: | ||
CHAPTER 328. EDWARDS AQUIFER, GUADALUPE RIVER BASIN, SAN ANTONIO | ||
RIVER BASIN, AND SAN ANTONIO BAY AND ESTUARY SYSTEM | ||
SPECIES-PROTECTION SALES AND USE TAXES | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 328.001. DEFINITION. In this chapter, "authorities" | ||
means the Edwards Aquifer Authority, the Guadalupe-Blanco River | ||
Authority, and the San Antonio River Authority. | ||
Sec. 328.002. MEANING OF WORDS AND PHRASES. The words and | ||
phrases used in this chapter and defined by Chapters 151 and 321 | ||
have the meanings assigned by Chapters 151 and 321. | ||
Sec. 328.003. APPLICABILITY OF CERTAIN TAX CODE PROVISIONS. | ||
(a) Subtitles A and B, Title 2, and Chapter 151 apply to taxes | ||
imposed under this chapter and to the administration and | ||
enforcement of those taxes in the same manner that those laws apply | ||
to state taxes. | ||
(b) Chapter 321 applies to the application, collection, and | ||
administration of a sales and use tax imposed under this chapter by | ||
the authorities. | ||
(c) The following provisions of this code do not apply to a | ||
tax imposed under this chapter: | ||
(1) Section 321.101; and | ||
(2) Subchapter F, Chapter 321. | ||
Sec. 328.004. APPLICABILITY TO AREA IN CERTAIN WATER | ||
AUTHORITIES. This chapter applies to the species-protection | ||
program area in the Edwards Aquifer Authority, the Guadalupe-Blanco | ||
River Authority, and the San Antonio River Authority. | ||
Sec. 328.005. SPECIES-PROTECTION PROGRAM AREA DEFINED. (a) | ||
In this section: | ||
(1) "Guadalupe River Basin" has the meaning assigned | ||
by Section 17.1001, Water Code. | ||
(2) "San Antonio River Basin" has the meaning assigned | ||
by Section 17.1001, Water Code. | ||
(b) "Species-protection program area" means the area of a | ||
county: | ||
(1) bordering or transected by the Guadalupe River and | ||
located in the geographical extent of the Guadalupe River Basin; | ||
(2) bordering or transected by the San Antonio River | ||
and located in the geographical extent of the San Antonio River | ||
Basin; and | ||
(3) in the Edwards Aquifer Authority. | ||
[Sections 328.006-328.050 reserved for expansion] | ||
SUBCHAPTER B. IMPOSITION OF SALES AND USE TAX FOR | ||
SPECIES-PROTECTION PROGRAMS | ||
Sec. 328.051. AUTHORIZATION. The authorities may adopt a | ||
sales and use tax under this chapter in the species-protection | ||
program area if imposition of the tax is authorized at an election | ||
under Subchapter C. | ||
Sec. 328.052. MAXIMUM SALES AND USE TAX RATE. (a) The | ||
maximum tax rate for the tax imposed under this chapter is | ||
one-fourth of one percent. | ||
(b) The tax authorized under this chapter must be imposed at | ||
the rate of one-eighth of one percent unless the Edwards Aquifer | ||
Authority determines under Section 17.1013, Water Code, that | ||
additional species-protection measures are required or the | ||
environmental flows advisory group approves a work plan under | ||
Section 11.02362(t), Water Code. | ||
(c) On notification to the comptroller under Section | ||
17.1013(a) or Section 11.02362(t), Water Code, the tax shall be | ||
imposed at the rate of one-fourth of one percent beginning on the | ||
date provided by Section 321.102. | ||
Sec. 328.053. EFFECT ON COMBINED LOCAL TAX RATE. The rate | ||
of the tax imposed under this chapter may not be considered in | ||
determining the combined or overlapping rate of local sales and use | ||
taxes in any area under this subtitle or another law, including: | ||
(1) the Health and Safety Code; | ||
(2) the Local Government Code; | ||
(3) the Special District Local Laws Code; or | ||
(4) the Transportation Code. | ||
Sec. 328.054. DURATION OF TAX. (a) In this section, | ||
"Edwards Aquifer recovery implementation program" and | ||
"implementing agreement" have the meanings assigned by Section | ||
17.1001, Water Code. | ||
(b) The tax imposed under this chapter may not be abolished | ||
or decreased during the term of the implementing agreement for the | ||
Edwards Aquifer recovery implementation program. | ||
Sec. 328.055. USE OF TAX REVENUE. The revenue from a tax | ||
imposed under this chapter shall be deposited to the credit of the | ||
species-protection program fund established under Section 17.1002, | ||
Water Code. The money in the fund may be appropriated only to the | ||
Texas Water Development Board to provide financial assistance under | ||
Subchapter N, Chapter 17, Water Code. | ||
[Sections 328.056-328.100 reserved for expansion] | ||
SUBCHAPTER C. ELECTION | ||
Sec. 328.101. ELECTION ON TAX. (a) The governing bodies of | ||
the authorities by joint order may call an election in the | ||
species-protection program area in each authority to authorize the | ||
adoption of the tax under this chapter. For an area of | ||
jurisdictional overlap between the Edwards Aquifer Authority and | ||
one of the other two authorities, the Edwards Aquifer Authority | ||
will adopt the order and conduct the election for that part of the | ||
program area in the Edwards Aquifer Authority's jurisdiction. | ||
(b) The election may be held on a uniform election date and | ||
in conjunction with any other election. | ||
(c) The ballot shall be printed to provide for voting for or | ||
against the proposition: "Authorization of a sales and use tax at a | ||
rate of not more than one-fourth of one percent in the | ||
species-protection program area to provide money to the Texas Water | ||
Development Board for species-protection programs under Subchapter | ||
N, Chapter 17, Water Code, for the Edwards Aquifer recovery | ||
implementation program and the Guadalupe River Basin, San Antonio | ||
River Basin, and San Antonio Bay and estuary system environmental | ||
flows program." | ||
(d) The tax is adopted if a majority of the votes cast in the | ||
election favor the proposition. | ||
(e) Notwithstanding any other law, the board of the | ||
authorities may meet in a joint meeting to canvass the votes of the | ||
election, declare the results, and, if necessary, send notice to | ||
the comptroller of those results. | ||
Sec. 328.102. NOTICE OF ELECTION. In addition to the notice | ||
required by Section 4.003(c), Election Code, the authorities shall | ||
give notice of the election to adopt the sales and use tax under | ||
this chapter by publishing a substantial copy of the joint order | ||
under Section 328.101 in a newspaper with general circulation in | ||
each county of the species-protection program area once a week for | ||
two consecutive weeks. The first publication must appear not | ||
earlier than the 30th day before the date set for the election. | ||
Sec. 328.103. ELECTION COSTS. The authorities shall pay | ||
for the cost of an election held under this subchapter for their | ||
respective parts of the species-protection program area. For an | ||
area of jurisdictional overlap between the Edwards Aquifer | ||
Authority and one of the other two authorities, the Edwards Aquifer | ||
Authority shall pay the cost of conducting the election for that | ||
part of the program area in the Edwards Aquifer Authority's | ||
jurisdiction. | ||
SECTION 3. FINANCIAL ASSISTANCE FOR SPECIES-PROTECTION | ||
PROGRAMS. Chapter 17, Water Code, is amended by adding Subchapter N | ||
to read as follows: | ||
SUBCHAPTER N. FINANCIAL ASSISTANCE TO THE SPECIES-PROTECTION | ||
PROGRAMS FOR THE EDWARDS AQUIFER RECOVERY IMPLEMENTATION PROGRAM | ||
AND THE GUADALUPE RIVER BASIN, SAN ANTONIO RIVER BASIN, AND SAN | ||
ANTONIO BAY AND ESTUARY SYSTEM ENVIRONMENTAL FLOWS PROGRAM | ||
Sec. 17.1001. DEFINITIONS. In this subchapter: | ||
(1) "Adaptive decision-making process" means the | ||
procedures incorporated into and made a part of the implementing | ||
agreement that provide for an integrated, structured, and | ||
interactive decision-making process to review and evaluate the | ||
results of the monitoring and research programs that allows for | ||
adjusting previous decisions made for the Edwards Aquifer recovery | ||
implementation program regarding the appropriate | ||
species-protection measures in light of the results of the | ||
monitoring program and other sources of new data and information. | ||
(2) "Adaptive management plan" means the plan | ||
incorporated into and made a part of the implementing agreement for | ||
examining alternative strategies for meeting measurable biological | ||
goals and objectives and then, if necessary, adjusting future | ||
species-protection measures according to what is learned. | ||
(3) "Advisory group" has the meaning assigned by | ||
Section 11.002. | ||
(4) "Edwards Aquifer" has the meaning assigned by | ||
Section 1.03, Chapter 626, Acts of the 73rd Legislature, Regular | ||
Session, 1993. | ||
(5) "Edwards Aquifer recovery implementation program" | ||
means the program developed under Section 1.26A, Chapter 626, Acts | ||
of the 73rd Legislature, Regular Session, 1993, for the Edwards | ||
Aquifer for the protection of the plan species. | ||
(6) "Financial assistance" means the money provided | ||
from the fund by the board for the purposes described by Section | ||
17.1002. | ||
(7) "Fund" means the species-protection program fund | ||
created by Section 17.1002. | ||
(8) "Guadalupe River Basin" means the geographical | ||
extent of the river basin as delineated by maps maintained by the | ||
board and in the Guadalupe-Blanco River Authority. | ||
(9) "Guadalupe River Basin, San Antonio River Basin, | ||
and San Antonio Bay and estuary system environmental flows program" | ||
means the environmental flows program developed under Article 1, | ||
Chapter 1430 (S.B. 3), Acts of the 80th Legislature, Regular | ||
Session, 2007, for the Guadalupe River Basin, San Antonio River | ||
Basin, and San Antonio Bay and estuary system for, among other | ||
things, the protection of the species of concern. | ||
(10) "Implementing agreement" means the agreement | ||
that binds one or more permittees to the requirements and | ||
responsibilities of the habitat conservation plan and incidental | ||
take permit approved and issued under Section 10 of the federal | ||
Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), for | ||
the Edwards Aquifer recovery implementation program, and any | ||
changes to, or renewals of, the agreement. | ||
(11) "Plan species" means the species identified in | ||
the implementing agreement. | ||
(12) "San Antonio River Basin" means the geographical | ||
extent of the river basin as delineated by maps maintained by the | ||
board and in the San Antonio River Authority. | ||
(13) "San Antonio Bay and estuary system" means the | ||
geographical extent of the bay and estuary system having a | ||
hydrologic interrelationship with the Guadalupe River and San | ||
Antonio River Basins, separated from the Gulf of Mexico by | ||
Matagorda Island, and composed of those interconnected bodies of | ||
water known as Hynes Bay, Mission Lake, and Guadalupe Bay in the | ||
northwest, Ayres and Mesquite Bays to the southwest, and Espiritu | ||
Santo Bay to the east. | ||
(14) "Species of concern" means species located in the | ||
Guadalupe River Basin, the San Antonio River Basin, and the San | ||
Antonio Bay and estuary system that are: | ||
(A) listed as threatened or endangered under | ||
Section 4 of the federal Endangered Species Act of 1973 (16 U.S.C. | ||
Section 1531 et seq.); | ||
(B) listed by the Parks and Wildlife Department | ||
as threatened or endangered; or | ||
(C) determined by the advisory group, or the | ||
Guadalupe-Blanco River Authority and the San Antonio River | ||
Authority, to be at risk because of declines in populations or | ||
habitat, or are otherwise in need of concentrated conservation | ||
actions. | ||
(15) "Species-protection measure" means the | ||
activities incorporated into and made a part of the implementing | ||
agreement to: | ||
(A) manage water in and withdrawn from the | ||
Edwards Aquifer, and water discharging from Comal Springs and San | ||
Marcos Springs, for the protection of the species identified in the | ||
implementing agreement; | ||
(B) restore the habitat of the species identified | ||
in the implementing agreement; | ||
(C) minimize and mitigate the impact of the | ||
adverse effects of the activities covered by the incidental take | ||
permit issued for the Edwards Aquifer recovery implementation | ||
program; | ||
(D) implement the adaptive management plan; and | ||
(E) implement the adaptive decision-making | ||
process. | ||
(16) "Work plan" means the document required to be | ||
prepared for the Guadalupe River Basin, San Antonio River Basin, | ||
and San Antonio Bay and estuary system environmental flows program | ||
by the stakeholder committees established under Section | ||
11.02362(d) and submitted to the advisory group for approval under | ||
Section 11.02362(p) that: | ||
(A) makes recommendations regarding | ||
environmental flow standards and strategies and projects to meet | ||
those standards; | ||
(B) prioritizes the strategies and projects; | ||
(C) provides for a periodic review to occur at | ||
least once every 10 years of the environmental flow analyses and | ||
environmental flow regime recommendations, environmental flow | ||
standards, and strategies; | ||
(D) prescribes specific monitoring, studies, and | ||
activities; and | ||
(E) establishes a schedule for continuing the | ||
validation or refinement of the environmental flow analysis and | ||
environmental flow regime recommendation, the environmental flow | ||
standards adopted by the Texas Commission on Environmental Quality, | ||
and the strategies to achieve those standards. | ||
Sec. 17.1002. FUND CREATED. (a) There is created in the | ||
state treasury outside the general revenue fund a special fund | ||
known as the species-protection program fund, and the board shall | ||
administer the fund in accordance with this subchapter. | ||
(b) The fund consists of: | ||
(1) revenue from the tax imposed under Chapter 328, | ||
Tax Code; | ||
(2) earnings on the investment of money credited to | ||
the fund; and | ||
(3) interest earned on the fund. | ||
(c) The fund may be appropriated only to the board and only | ||
to provide financial assistance for: | ||
(1) implementing species-protection measures for the | ||
Edwards Aquifer recovery implementation program; | ||
(2) implementing the adaptive management plan for the | ||
Edwards Aquifer recovery implementation program; | ||
(3) paying research and planning costs associated with | ||
the implementation of species-protection measures or the adaptive | ||
management plan, including planning, engineering, architectural, | ||
legal, title, fiscal, economic, and any other study, survey, | ||
design, or research and investigation costs; | ||
(4) providing money for the state's participation in | ||
any federal program that may provide money for the Edwards Aquifer | ||
recovery implementation program; | ||
(5) paying research, planning, development, and | ||
preparation costs of the work plan for the Guadalupe River Basin, | ||
San Antonio River Basin, and San Antonio Bay and estuary system | ||
environmental flows program; or | ||
(6) providing water projects in the Guadalupe River | ||
Basin, the San Antonio River Basin, or the San Antonio Bay and | ||
estuary system related to species of concern as recommended in the | ||
approved work plan, or as approved by the Guadalupe-Blanco River | ||
Authority and the San Antonio River Authority. | ||
(d) From money appropriated to the board from the fund, the | ||
board shall allocate not less than $1.5 million per state fiscal | ||
year for purposes described by Subsections (c)(5) and (6). After | ||
that first $1.5 million has been allocated, the board shall give | ||
priority to providing financial assistance for purposes described | ||
by Subsections (c)(1)-(4). | ||
Sec. 17.1003. EXEMPTION FROM LAW ON USE OF DEDICATED | ||
REVENUE. Section 403.095, Government Code, does not apply to the | ||
fund. | ||
Sec. 17.1004. DEPOSITS TO FUND. The board shall deposit in | ||
the fund all amounts received from the tax imposed under Chapter | ||
328, Tax Code. | ||
Sec. 17.1005. INVESTMENT OF MONEY IN FUND; INTEREST. (a) | ||
The board shall invest, reinvest, and direct the investment of | ||
money accumulated in the fund. | ||
(b) Section 404.071, Government Code, does not apply to the | ||
fund. | ||
Sec. 17.1006. USE OF FUND. The board shall provide | ||
financial assistance to an applicant from money in the fund only in | ||
accordance with this subchapter. The board may not make financial | ||
assistance available under this subchapter from any other fund. | ||
Sec. 17.1007. FEES; RULE. (a) The board by rule may set a | ||
fee at an amount necessary to recover the costs incurred by the | ||
board in administering the fund. | ||
(b) The board may not set a fee for the filing of an | ||
application for financial assistance. | ||
(c) Board fees may not exceed the cost to the board of | ||
performing the administrative functions necessary to administer | ||
the fund. The fee may be deducted from the fund on an annual basis | ||
as determined by the board. | ||
Sec. 17.1008. ELIGIBLE APPLICANT. (a) The following | ||
persons may apply to the board for financial assistance for a | ||
purpose described by Section 17.1002(c)(1), (2), (3), or (4): | ||
(1) the Edwards Aquifer Authority; or | ||
(2) a party to the implementing agreement authorized | ||
under Section 17.1009(b)(2) to apply for financial assistance. | ||
(b) The following persons may apply to the board for | ||
financial assistance for a purpose described by Section | ||
17.1002(c)(5) or (6): | ||
(1) the Guadalupe-Blanco River Authority; or | ||
(2) the San Antonio River Authority. | ||
Sec. 17.1009. APPLICATION FOR FINANCIAL ASSISTANCE. (a) A | ||
person who applies to the board for financial assistance shall | ||
apply in affidavit form. | ||
(b) The application must include: | ||
(1) the name and contact information of the applicant | ||
and its principal officers; | ||
(2) a resolution of the applicant representing that | ||
the filing of the application has been authorized by the governing | ||
body or other appropriate official of the applicant; | ||
(3) a description of the purposes for which financial | ||
assistance is applied for under Section 17.1002(c); | ||
(4) for applications for financial assistance under | ||
Section 17.1002(c)(1), (2), (3), or (4), a statement that the | ||
implementing agreement, habitat conservation plan, incidental take | ||
permit, or other appropriate regulatory document authorizes the | ||
proposed activity to be performed; | ||
(5) for applications for financial assistance under | ||
Section 17.1002(c)(5) or (6): | ||
(A) a statement that the financial assistance is | ||
for researching, planning, developing, and preparing the work plan | ||
for the Guadalupe River Basin, San Antonio River Basin, and San | ||
Antonio Bay and estuary system environmental flows program; or | ||
(B) a description of a water project | ||
demonstrating that: | ||
(i) the project is in the Guadalupe River | ||
Basin, the San Antonio River Basin, or the San Antonio Bay and | ||
estuary system; | ||
(ii) the project relates to species of | ||
concern; and | ||
(iii) the approved work plan, or the action | ||
of the Guadalupe-Blanco River Authority and the San Antonio River | ||
Authority, authorizes the proposed water project to be performed; | ||
(6) citations to all appropriate documents requested | ||
by the board demonstrating that the proposed activity is | ||
authorized; | ||
(7) a brief action plan for the proposed activity for | ||
the period for which financial assistance is sought; | ||
(8) a budget showing the estimated total cost of the | ||
proposed activity and the amount anticipated to be expended for the | ||
period for which financial assistance is sought; and | ||
(9) the amount of financial assistance requested. | ||
(c) The application must be filed with the board not later | ||
than September 30th of the year preceding the year for which | ||
financial assistance is sought. | ||
Sec. 17.1010. ACTION ON THE APPLICATION. (a) The board | ||
shall approve an application under Section 17.1009 for an applicant | ||
that demonstrates: | ||
(1) the applicant is eligible to apply under Section | ||
17.1008; | ||
(2) authorization as described by Section | ||
17.1009(b)(2); | ||
(3) the proposed activity is authorized for financial | ||
assistance in Section 17.1002(c); | ||
(4) the proposed activity is authorized to be | ||
performed by the implementing agreement or work plan, or other | ||
authorization, as applicable; | ||
(5) the action plan describes the proposed activity | ||
for the period for which financial assistance is sought; | ||
(6) the budget states the estimated total costs of the | ||
proposed activities and the amount anticipated to be spent for the | ||
period for which financial assistance is sought; | ||
(7) the fund balance is sufficient to provide | ||
financial assistance in the applied for amount; and | ||
(8) the prioritization required by Section 17.1002(d) | ||
has been met, if applicable. | ||
(b) The board may withhold action on an application if it | ||
identifies a consideration in Subsection (a) that is deficient and | ||
it allows reasonable time to file additional information before the | ||
application is reconsidered for final action. If the reason for | ||
withholding action is the insufficiency of money in the fund, the | ||
board shall advise the applicant and withhold action on the | ||
application until sufficient money is available. | ||
(c) The board shall notify the applicant in writing of its | ||
decision on the application. | ||
(d) The board shall provide a written statement to an | ||
applicant whose application has been denied because it did not | ||
qualify under Subsection (a). The statement must provide the | ||
reasons and justification for the denial. | ||
(e) If the board approves an application under this section, | ||
it shall enter into a grant agreement with the applicant not later | ||
than the 30th day after the date it takes final action on the | ||
application and promptly remit the amount of the approved financial | ||
assistance to the applicant. | ||
Sec. 17.1011. APPLICATION AMENDMENT. (a) An applicant may | ||
amend an application for financial assistance by filing a written | ||
request to the board to take action on the application as amended. | ||
(b) The board shall take action under Section 17.1010 on the | ||
amended application in the same manner as provided for in the | ||
original application. | ||
Sec. 17.1012. DELEGATION TO EXECUTIVE ADMINISTRATOR. The | ||
board may delegate to the executive administrator its authority to | ||
take action on an application under this subchapter. | ||
Sec. 17.1013. NOTICE OF ADDITIONAL MEASURES. (a) If at any | ||
time during the term of the implementing agreement the Edwards | ||
Aquifer Authority determines that additional species-protection | ||
measures are required to achieve the biological goals of the | ||
Edwards Aquifer recovery implementation program and that | ||
additional financial assistance is required to pay for the | ||
additional measures, the Edwards Aquifer Authority shall give | ||
notice to the board and the comptroller that additional measures | ||
are required and that the sales and use tax rate will be increased | ||
as provided by Section 328.052(b), Tax Code, if the tax is being | ||
imposed at a rate of one-eighth of one percent. The Edwards Aquifer | ||
Authority shall send the notice to the board and the comptroller by | ||
United States certified or registered mail. | ||
(b) The notice must include: | ||
(1) a summary of the findings of the adaptive | ||
management plan; | ||
(2) a description of the alternative measures that are | ||
recommended to be implemented in addition to, or instead of, the | ||
species-protection measures that are being implemented under the | ||
implementing agreement; | ||
(3) a summary of the results of the adaptive | ||
decision-making process; and | ||
(4) a certified copy of the final decision by the | ||
United States Fish and Wildlife Service that the additional | ||
species-protection measures are required and that they are approved | ||
for implementation by the Edwards Aquifer recovery implementation | ||
program. | ||
Sec. 17.1014. REPORT. Not later than April 1 of each year, | ||
the Edwards Aquifer Authority shall prepare and file with the board | ||
a report of: | ||
(1) the preceding year's activities to implement the | ||
Edwards Aquifer recovery implementation program; | ||
(2) the activities that are scheduled for the next | ||
year; and | ||
(3) the amount of financial assistance that will | ||
likely be applied for in the next two years. | ||
Sec. 17.1015. EXEMPTION FROM UNIFORM GRANT AND CONTRACT | ||
MANAGEMENT LAW. Chapter 783, Government Code, does not apply to | ||
financial assistance. | ||
SECTION 4. ENVIRONMENTAL FLOW RECOMMENDATION. Section | ||
11.02362, Water Code, is amended by adding Subsection (t) to read as | ||
follows: | ||
(t) On approval by the advisory group of the work plan for | ||
the river basin and bay system consisting of the Guadalupe River | ||
Basin, the San Antonio River Basin, and the San Antonio Bay and | ||
estuary system, the advisory group shall send to the comptroller by | ||
United States certified or registered mail a certified copy of the | ||
advisory group's approval action and a map of those river basins and | ||
bay system and give notice that the sales and use tax rate will be | ||
increased as provided by Section 328.052(b), Tax Code, if the tax is | ||
being imposed at a rate of one-eighth of one percent. | ||
SECTION 5. TRANSITION. (a) The Texas Water Development | ||
Board may not approve an application for financial assistance under | ||
Section 17.1010, Water Code, as added by this Act, before January 1, | ||
2012. | ||
(b) The Texas Water Development Board may not remit money | ||
under Subchapter N, Chapter 17, Water Code, as added by this Act, | ||
for applications for financial assistance approved in 2012 under | ||
Section 17.1010, Water Code, as added by this Act, before January 1, | ||
2013. | ||
SECTION 6. EFFECTIVE DATE. 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, 2011. |