PART 10. TEXAS WATER DEVELOPMENT BOARD
CHAPTER 363. FINANCIAL ASSISTANCE PROGRAMS
SUBCHAPTER L. WATER INFRASTRUCTURE FUND
The Texas Water Development Board (Board) adopts the repeal of §363.1204 concerning Availability of Funds without changes to the proposal as published in the December 26, 2008, issue of the Texas Register (33 TexReg 10411).
The repeal of §363.1204 removes the requirement that, for each fiscal year, the Board will determine the amount of funds to be available from all sources to the Water Infrastructure Fund (WIF) for financial assistance. In its resolutions, the Board conditions its commitment to provide financial assistance on the availability of funds, so Board staff continually determines the amount of funds on hand and recommends bond sales as necessary to raise funds. Thus, it is not necessary for the Board to make an annual fiscal-year determination of the amount of funds available in the WIF. Section 363.1204 created an unnecessary administrative burden on the Board and is therefore repealed.
No comments were received regarding the proposed repeal.
The adoption of this repeal is authorized pursuant to Texas Water Code §6.101, which authorizes the board to adopt rules necessary to carry out the powers and duties of the board and §15.977, which authorizes the board to adopt rules necessary to administer Texas Water Code, Chapter 15, Subchapter Q.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 20, 2009.
TRD-200900722
Kenneth L. Petersen
General Counsel
Texas Water Development Board
Effective date: March 12, 2009
Proposal publication date: December 26, 2008
For further information, please call: (512) 463-8061
SUBCHAPTER A. INTRODUCTORY PROVISIONS
The Texas Water Development Board (Board) adopts the repeal of §384.4 concerning Availability of Funds and Distribution of Loans without changes to the proposal as published in the December 26, 2008, issue of the Texas Register (33 TexReg 10411).
The repeal of §384.4 removes the requirement that, for each fiscal year, the Board will determine the amount of funds available from all sources for financial assistance from the Rural Water Assistance Fund (RWAF) for that fiscal year, and will determine the amount of funds available for loans and for other purposes for which the fund may be used. In its resolutions, the Board conditions its commitment to provide financial assistance on the availability of funds, so Board staff continually determines the amount of funds on hand in the RWAF and recommends bond sales as necessary to raise funds. Thus, it is not necessary for the Board to make an annual fiscal-year determination of the amount of funds available in the RWAF. Section 384.4 created an unnecessary administrative burden on the Board and is therefore repealed.
No comments were received regarding the proposed repeal.
The adoption of this repeal is authorized pursuant to Texas Water Code §6.101, which authorizes the board to adopt rules necessary to carry out the powers and duties of the board and §15.995, which authorizes the board to adopt rules necessary to administer Texas Water Code, Chapter 15, Subchapter R.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 20, 2009.
TRD-200900723
Kenneth L. Petersen
General Counsel
Texas Water Development Board
Effective date: March 12, 2009
Proposal publication date: December 26, 2008
For further information, please call: (512) 463-8061