Bill Text: TX SB1595 | 2011-2012 | 82nd Legislature | Introduced

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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) 2011-03-23 - Referred to Natural Resources [SB1595 Detail]

Download: Texas-2011-SB1595-Introduced.html

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82R10169 MXM-F
By: Wentworth S.B. No. 1595

A BILL TO BE ENTITLED
AN ACT
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.