83R10485 JAM-D
 
  By: Hegar S.B. No. 1169
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to water conservation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 10, Water Code, is amended by adding
  Section 10.0021 to read as follows:
         Sec. 10.0021.  SUNSET PROVISION.  The Water Conservation
  Advisory Council is subject to Chapter 325, Government Code (Texas
  Sunset Act).  Unless continued in existence as provided by that
  chapter, the council is abolished and this chapter expires
  September 1, 2023.
         SECTION 2.  Section 10.011, Water Code, is amended to read as
  follows:
         Sec. 10.011.  REPORT. Not later than December 1 of each
  even-numbered year, the council shall submit to the governor,
  lieutenant governor, and speaker of the house of representatives a
  report on progress made in water conservation in this state. The
  report must include specific statutory, budgetary, and policy
  recommendations to improve water conservation and management.
         SECTION 3.  Section 16.0121, Water Code, is amended by
  adding Subsections (g) and (h) to read as follows:
         (g)  A retail public utility providing potable water that
  receives from the board financial assistance shall use a portion of
  that financial assistance, or any additional financial assistance
  provided by the board for the purpose described by this subsection,
  to mitigate the utility's system water loss if, based on a water
  audit filed by the utility under this section, the water loss meets
  or exceeds the threshold established by board rule.
         (h)  For each category of retail public utility listed in
  Subsection (c), the board shall adopt rules regarding:
               (1)  the amount of system water loss that requires a
  utility to take action under Subsection (g); and
               (2)  the use of financial assistance from the board as
  required by Subsection (g) to mitigate system water loss.
         SECTION 4.  Section 16.055(h), Water Code, is amended to
  read as follows:
         (h)  On receipt of the notice under Subsection (g)(2)(B), a
  [the] person or entity required to develop a drought contingency
  plan shall immediately implement the person's or entity's [water
  conservation plan or drought contingency] plan.
         SECTION 5.  Section 17.124, Water Code, is amended to read as
  follows:
         Sec. 17.124.  CONSIDERATIONS IN PASSING ON APPLICATIONS. In
  passing on an application from a political subdivision for
  financial assistance for a water supply project, the board shall
  consider:
               (1)  the needs of the area to be served by the water
  supply project, the benefit of the water supply project to the area,
  the relationship of the water supply project to the overall,
  statewide water needs, and the relationship of the water supply
  project to the state water plan; [and]
               (2)  the availability of revenue to the political
  subdivision, from all sources, for the ultimate repayment of the
  cost of the water supply project, including interest; and
               (3)  whether the political subdivision has implemented
  its drought contingency plan when required.
         SECTION 6.  Section 16.0121(g), Water Code, as added by this
  Act, applies only to system water loss based on a water audit filed
  with the Texas Water Development Board under Section 16.0121, Water
  Code, on or after January 1, 2014.
         SECTION 7.  Not later than January 1, 2014, the Texas Water
  Development Board shall adopt rules to implement Section
  16.0121(h), Water Code, as added by this Act.
         SECTION 8.  Section 17.124, Water Code, as amended by this
  Act, applies only to the consideration of whether a political
  subdivision has implemented its drought contingency plan on or
  after the effective date of this Act.
         SECTION 9.  This Act takes effect September 1, 2013.