bill merging water fund advisory committees into one

The text as introduced · 1,458 words

89R2372 JAM-F

By: Perry
S.B. No. 1288

A BILL TO BE ENTITLED

AN ACT

relating to the redesignation of the State Water Implementation

Fund for Texas Advisory Committee as the Texas Water Fund Advisory

Committee, the abolition of the Texas Infrastructure Resiliency

Fund Advisory Committee, and the composition and functions of the

Texas Water Fund Advisory Committee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 15.431(a)(1), Water Code, is amended to

read as follows:

(1) "Advisory committee" means the [ State Water

Implementation Fund for ] Texas Water Fund Advisory Committee.

SECTION 2. Section 15.438, Water Code, is transferred to

Subchapter A, Chapter 15, Water Code, redesignated as Section

15.009, Water Code, and amended to read as follows:

Sec. 15.009 [ 15.438 ]. TEXAS WATER FUND ADVISORY

COMMITTEE. (a) The [ State Water Implementation Fund for ] Texas

Water Fund Advisory Committee is composed of the following eight

[ seven ] members:

(1) the comptroller, or a person designated by the

comptroller;

(2) the chair of the committee of the senate having

primary jurisdiction over water resources;

(3) the chair of the committee of the house of

representatives having primary jurisdiction over water resources;

(4) two [ three ] members of the senate appointed by the

lieutenant governor, including at least one [ :

[ (A) a ] member of the committee of the senate

having primary jurisdiction over matters relating to finance;

(5) two [ and

[ (B) the chair of the committee of the senate

having primary jurisdiction over water resources; and

[ (3) three ] members of the house of representatives

appointed by the speaker of the house of representatives, including

at least one [ :

[ (A) a ] member of the committee of the house of

representatives having primary jurisdiction over appropriations;

and

(6) the director of the Texas Division of Emergency

Management or the successor in function to that entity, or a person

designated by that person, who serves as a nonvoting member

[ (B) the chair of the committee of the house of

representatives having primary jurisdiction over water resources ].

(b) The following persons shall serve as staff support for

the advisory committee:

(1) the deputy executive administrator of the board

who is responsible for water science and conservation or a person

who holds an equivalent position at the agency, or a person

designated by that person;

(2) the deputy executive administrator of the board

who is responsible for water resources planning and information or

a person who holds an equivalent position at the agency, or a person

designated by that person; and

(3) the chief financial officer of the board, or a

person who holds an equivalent position at the agency.

(c) A [ An appointed ] member of the advisory committee

designated under Subsection (a)(1) or (6) or appointed under

Subsection (a)(4) or (5) serves at the will of the person who

designated or appointed the member.

(d) The members of the advisory committee described by

Subsections (a)(2) and (3) serve as [ lieutenant governor shall

appoint a ] co-presiding officers [ officer ] of the [ advisory ]

committee [ from among the members appointed by the lieutenant

governor, and the speaker of the house of representatives shall

appoint a co-presiding officer of the committee from among the

members appointed by the speaker ].

(e) 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.

(f) 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.

(g) As needed, the [ The ] advisory committee shall submit

comments and recommendations to the board regarding the use of

money in :

(1) the state water implementation fund for Texas

established under Subchapter G [ fund ] for use by the board in

adopting rules under Section 15.439 and in adopting policies and

procedures under Section 15.441 ;

(2) the Texas water fund established under Subchapter

H-1 for use by the board in adopting rules under Section 15.507;

(3) the flood infrastructure fund established under

Subchapter I for use by the board in adopting rules under Section

15.537; and

(4) the Texas infrastructure resiliency fund

established under Section 16.452 for use by the board in adopting

rules under Section 16.460 . [ The submission must include:

[ (1) comments and recommendations on rulemaking

related to the prioritization of projects in regional water plans

and the state water plan in accordance with Section 15.437;

[ (2) comments and recommendations on rulemaking

related to establishing standards for determining whether projects

meet the criteria provided by Section 15.434(b);

[ (3) an evaluation of the available programs for

providing financing for projects included in the state water plan

and guidelines for implementing those programs, including

guidelines for providing financing for projects included in the

state water plan that are authorized under Subchapter Q or R of this

chapter, Subchapter E or F, Chapter 16, or Subchapter J, Chapter 17;

[ (4) an evaluation of the lending practices of the

board and guidelines for lending standards;

[ (5) an evaluation of the use of funds by the board to

provide support for financial assistance for water projects,

including support for the purposes described by Section 15.435(c);

[ (6) an evaluation of whether premium financing

programs should be established within the funds described by

Section 15.435 to serve the purposes of this subchapter, especially

in connection with projects described by Section 15.434(b);

[ (7) an evaluation of methods for encouraging

participation in the procurement process by companies domiciled in

this state or that employ a significant number of residents of this

state; and

[ (8) an evaluation of the overall operation, function,

and structure of the fund. ]

(h) The advisory committee shall review the overall

operation, function, and structure of each fund listed in

Subsection (g) [ the fund ] at least semiannually [ and may provide

comments and recommendations to the board on any matter ].

(i) The advisory committee may :

(1) provide comments and recommendations to the board

on any matter;

(2) review the overall operation, function, and

structure of any fund established under this chapter or Chapter 16

that is not listed in Subsection (g); and

(3) adopt rules, procedures, and policies as needed to

administer this section and implement its responsibilities.

(j) Chapter 2110, Government Code, does not apply to the

size, composition, or duration of the advisory committee.

(k) The advisory committee is subject to Chapter 325,

Government Code (Texas Sunset Act). Unless continued in existence

as provided by that chapter, the advisory committee is abolished

and this section expires September 1, 2035.

(l) As needed, the [ The ] advisory committee shall make

recommendations to the board regarding information to be posted on

the board's Internet website relating to the funds listed in

Subsection (g) [ under Section 15.440(b) ].

(m) The advisory committee shall evaluate and may provide

comments or recommendations on the feasibility of the state owning,

constructing, and operating water supply projects, including

reservoirs and major water supply conveyance infrastructure,

through existing financial assistance programs under Subchapter E

of this chapter, Subchapter E or F, Chapter 16, or other mechanisms.

(n) The executive administrator 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 projects that receive funding related

to a bond enhancement agreement under Subchapter G [ this

subchapter ].

(o) If the aggregate level of participation by historically

underutilized businesses in projects that receive funding related

to a bond enhancement agreement under Subchapter G [ this

subchapter ] 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.

SECTION 3. The following provisions of the Water Code are

repealed:

(1) Section 15.506;

(2) Section 15.540;

(3) Section 16.451(1); and

(4) Section 16.456.

SECTION 4. This Act takes effect September 1, 2025.