Bill Text: TX SB923 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the creation and funding of the state water plan fund to assist the Texas Water Development Board in the funding of certain projects included in the state water plan; imposing a fee and a surcharge.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-03-12 - Referred to Natural Resources [SB923 Detail]

Download: Texas-2013-SB923-Introduced.html

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83R2329 SMH-D
By: Hinojosa S.B. No. 923

A BILL TO BE ENTITLED
AN ACT
relating to the creation and funding of the state water plan fund to
assist the Texas Water Development Board in the funding of certain
projects included in the state water plan; imposing a fee and a
surcharge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 13, Water Code, is amended by adding
Subchapter O to read as follows:
SUBCHAPTER O. WATER USAGE FEE AND SURCHARGE
Sec. 13.551. WATER USAGE FEE. (a) Each retail public
utility shall collect from each ultimate consumer to whom the
utility provides retail water utility service a water usage fee as
provided by this subchapter.
(b) The rate of the fee is three cents for each 1,000 gallons
of water sold to the ultimate consumer for consumption each month.
Sec. 13.552. WATER USAGE SURCHARGE. (a) In addition to
collecting the fee imposed under this subchapter, each retail
public utility shall collect a surcharge from an ultimate consumer
to whom the utility provides retail water utility service if:
(1) the consumer is a resident of a single-family
dwelling or a dwelling unit of a multifamily dwelling; and
(2) the utility sells more than 12,000 gallons of
water to the consumer for consumption in a month.
(b) The rate of the surcharge is $1 for each 1,000 gallons of
water sold to the consumer for consumption in that month in excess
of 12,000 gallons.
Sec. 13.553. EXEMPTION. An entity described by Section
151.309 or 151.310, Tax Code, is exempt from the fee or surcharge
imposed by this subchapter.
Sec. 13.554. PAYMENT OF FEE AND SURCHARGE. (a) On or before
the 20th day of the month following the end of each calendar month,
each retail public utility that sold water to an ultimate consumer
for consumption shall pay to the comptroller the total amount of the
fees and surcharges the utility collected under this subchapter for
the preceding calendar month.
(b) For each month a retail public utility makes timely
payment of the fees and surcharges imposed under this subchapter,
the utility is entitled to retain an amount equal to one-half of one
percent of the total amount of the fees and surcharges collected as
reimbursement for the costs of collection.
Sec. 13.555. REPORTS. On or before the 20th day of the
month following the end of each calendar month, each retail public
utility that sold water to an ultimate consumer for consumption
shall file with the comptroller a report stating:
(1) the number of gallons of water sold to ultimate
consumers during the preceding calendar month;
(2) the number of gallons of water sold to ultimate
consumers during the preceding calendar month on which the fees or
surcharges were imposed; and
(3) any other information required by the comptroller.
Sec. 13.556. RECORDS. A retail public utility that sells
water to the ultimate consumer for consumption shall keep a
complete record of:
(1) the number of gallons of water sold to ultimate
consumers during the preceding calendar month;
(2) the number of gallons of water sold to ultimate
consumers during the preceding calendar month on which the fees or
surcharges were imposed; and
(3) any other information required by the comptroller.
Sec. 13.557. ALLOCATION OF REVENUE. The revenue from the
fees and surcharges imposed by this subchapter shall be deposited
to the credit of the state water plan fund.
SECTION 2. Chapter 15, Water Code, is amended by adding
Subchapter G to read as follows:
SUBCHAPTER G. STATE WATER PLAN FUND
Sec. 15.431. DEFINITION. In this subchapter, "fund" means
the state water plan fund.
Sec. 15.432. STATE WATER PLAN FUND. (a) The state water
plan fund is a special fund in the state treasury outside the
general revenue fund to be administered by the board under this
subchapter and rules adopted by the board under this subchapter.
(b) The fund consists of:
(1) money transferred to the fund by law;
(2) revenue deposited to the credit of the fund under
Section 13.557;
(3) any other revenue dedicated to the fund by
statute; and
(4) interest earned on the balance of the fund.
Sec. 15.433. USE OF FUND. The board may use money in the
fund only to provide financing for projects included in the state
water plan that are authorized under Subchapter Q of this chapter,
Subchapter E, Chapter 16, Subchapter K, Chapter 17, or another law
administered by the board.
Sec. 15.434. TRANSFERS TO OR FROM OTHER FUNDS OR ACCOUNTS.
(a) The board may direct the comptroller to transfer amounts from
the fund to the credit of:
(1) the water infrastructure fund to be used for the
purposes provided by Section 15.433 related to projects included in
the state water plan that are authorized under Subchapter Q;
(2) the Texas Water Development Fund II state
participation account to be used for the purposes provided by
Section 15.433 related to projects included in the state water plan
that are authorized under Subchapter E, Chapter 16;
(3) the Texas Water Development Fund II economically
distressed areas program account to be used for the purposes
provided by Section 15.433 related to projects included in the
state water plan that are authorized under Subchapter K, Chapter
17; or
(4) another fund or account administered by the board
to be used for the purposes provided by Section 15.433 related to
projects included in the state water plan that are authorized under
the law governing that fund or account.
(b) If the comptroller transfers an amount from the fund to
the credit of another fund or account as provided by this section,
the board may direct the comptroller to transfer an amount not to
exceed that amount from the other fund or account to the fund if
money is available in the other fund or account for that purpose.
Sec. 15.435. RULES. The board shall adopt rules providing
for the use of money in the fund consistent with this subchapter.
SECTION 3. Section 15.973(b), Water Code, is amended to
read as follows:
(b) The fund consists of:
(1) appropriations from the legislature;
(2) any other fees or sources of revenue that the
legislature may dedicate for deposit to the fund;
(3) repayments of loans made from the fund;
(4) interest earned on money credited to the fund;
(5) depository interest allocable to the fund;
(6) money from gifts, grants, or donations to the
fund;
(7) money from revenue bonds or other sources
designated by the board; [and]
(8) proceeds from the sale of political subdivision
bonds or obligations held in the fund and not otherwise pledged to
the discharge, repayment, or redemption of revenue bonds or other
bonds, the proceeds of which were placed in the fund; and
(9) money transferred from the state water plan fund
as authorized by Section 15.434.
SECTION 4. Section 17.957(b), Water Code, is amended to
read as follows:
(b) The state participation account is composed of:
(1) money and assets attributable to water financial
assistance bonds designated by the board as issued for projects
described in Section 16.131;
(2) money from the sale, transfer, or lease of a
project described in Subdivision (1) that was acquired,
constructed, reconstructed, developed, or enlarged with money from
the state participation account;
(3) payments received under a bond enhancement
agreement with respect to water financial assistance bonds
designated by the board as issued for projects described in Section
16.131;
(4) investment income earned on money on deposit in
the state participation account;
(4-a) money transferred from the state water plan fund
as authorized by Section 15.434; and
(5) any other funds, regardless of their source, that
the board directs be deposited to the credit of the state
participation account.
SECTION 5. Section 17.958(b), Water Code, is amended to
read as follows:
(b) The economically distressed areas program account is
composed of:
(1) money and assets attributable to water financial
assistance bonds designated by the board as issued for projects
described in Subchapter K;
(2) money provided by the federal government, the
state, political subdivisions, and private entities for the purpose
of paying debt service on water financial assistance bonds issued
for purposes provided by Subchapter K;
(3) payments received under a bond enhancement
agreement with respect to water financial assistance bonds
designated by the board as issued for purposes provided by
Subchapter K;
(4) investment income earned on money on deposit in
the economically distressed areas program account;
(4-a) money transferred from the state water plan fund
as authorized by Section 15.434; and
(5) any other funds, regardless of their source, that
the board directs be deposited to the credit of the economically
distressed areas program account.
SECTION 6. Not later than December 1, 2013, the Texas Water
Development Board shall adopt rules providing for the use of money
in the state water plan fund under Subchapter G, Chapter 15, Water
Code, as added by this Act.
SECTION 7. This Act takes effect September 1, 2013.