S.B. No. 370

	AN ACT
	relating to the authority of the Texas Water Development Board to
	provide financial assistance for certain projects if the applicant
	has failed to complete a request for information relevant to the
	project.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 15.975, Water Code, is amended by adding
	Subsection (d) to read as follows:
	(d)  The board may not approve an application 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, including a water
	infrastructure financing survey under Section 16.053(q).
	SECTION 2.  Section 15.912, Water Code, is amended to read as
	follows:
	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,
	including a water infrastructure financing survey under Section
	16.053(q).
	SECTION 3.  Section 16.131, Water Code, is amended to read as
	follows:
	Sec. 16.131.  AUTHORIZED PROJECTS.  (a)  The board may use
	the state participation account of the development fund to
	encourage optimum regional development of projects including the
	design, acquisition, lease, construction, reconstruction,
	development, or enlargement in whole or part of:
	(1)  reservoirs and storm water retention basins for
	water supply, flood protection, and groundwater recharge;
	(2)  facilities for the transmission and treatment of
	water; and
	(3)  treatment works as defined by Section 17.001 [of
	this code].
	(b)  The board may not use the state participation account of
	the development fund to finance 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, including a water
	infrastructure financing survey under Section 16.053(q).
	SECTION 4.  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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 370 passed the Senate on
	March 17, 2011, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 370 passed the House on
	May 24, 2011, by the following vote:  Yeas 146, Nays 0, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor