HB2091 - Relating to the provision of financial assistance by the Texas Water Development Board for certain projects.

      By: Martinez, Canales, Longoria, Guerra H.B. No. 2091       A BILL TO BE ENTITLED   AN ACT   relating to the provision of financial assistance by the Texas   Water Development Board for certain projects.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 15.102, Water Code, is amended by   amending Subsection (b) and adding Subsection (e) to read as   follows:          (b)  The loan fund may also be used by the board to provide:                (1)  grants or loans for projects that include   supplying water and wastewater services in economically distressed   areas or nonborder colonias as provided by legislative   appropriations, this chapter, and board rules, including projects   involving retail distribution of those services; [ and ]                (2)  grants for:                      (A)  projects for which federal grant funds are   placed in the loan fund;                      (B)  projects, on specific legislative   appropriation for those projects; or                      (C)  water conservation, desalination, brush   control, weather modification, regionalization, and projects   providing regional water quality enhancement services as defined by   board rule, including regional conveyance systems ; and                   (3)     grants to drainage districts established under   Section 52, Article III, or Section 59, Article XVI, Texas   Constitution, for water supply projects, including projects that   contain a flood control component .           (e)     The board may not disqualify a drainage district from   receiving a grant under Subsection (b)(3) because the district does   not:                 (1)     notwithstanding Section 16.012(m), have   historical data about water use;                 (2)  provide retail water service to consumers; or                 (3)     have a certificate of convenience and necessity   under which it provides retail water or wastewater service.          SECTION 2.  Section 15.437(d), Water Code, is amended to   read as follows:          (d)  In addition to the criteria provided by Subsection (c),   the board must also consider at least the following criteria in   prioritizing projects:                (1)  the local contribution to be made to finance the   project, including the up-front capital to be provided by the   applicant;                (2)  the financial capacity of the applicant to repay   the financial assistance provided;                (3)  the ability of the board and the applicant to   timely leverage state financing with local and federal funding;                (4)  whether there is an emergency need for the   project, taking into consideration whether:                      (A)  the applicant is included at the time of the   application on the list maintained by the commission of local   public water systems that have a water supply that will last less   than 180 days without additional rainfall; and                      (B)  federal funding for which the project is   eligible has been used or sought;                (5)  if the applicant is applying for financial   assistance for the project under Subchapter Q, whether the   applicant is ready to proceed with the project at the time of the   application, including whether:                      (A)  all preliminary planning and design work   associated with the project has been completed;                      (B)  the applicant has acquired the water rights   associated with the project;                      (C)  the applicant has secured funding for the   project from other sources; and                      (D)  the applicant is able to begin implementing   or constructing the project; [ and ]                 (6)     whether the project is a water supply project that   contains a flood control component, regardless of whether the   applicant holds a certificate of convenience and necessity under   which it provides retail water or wastewater service; and                 (7)  [ (6) ]  the demonstrated or projected effect of the   project on water conservation, including preventing the loss of   water, taking into consideration, if applicable, whether the   applicant has filed a water audit with the board under Section   16.0121 that demonstrates that the applicant is accountable with   regard to reducing water loss and increasing efficiency in the   distribution of water.          SECTION 3.  This Act takes effect September 1, 2025.