TITLE 31.NATURAL RESOURCES AND CONSERVATION

Part 10. TEXAS WATER DEVELOPMENT BOARD

Chapter 365. INVESTMENT RULES

The Texas Water Development Board (the board) adopts amendments to 31 TAC §§365.2, 365.11, and 365.12 concerning Investment Rules without change to the proposed text which was published in the December 28, 2001 issue of the Texas Register (26 TexReg 10796) and will not be republished. The amendments provide clarification and compliance with the Public Funds Investment Act (PFIA), Government Code, Chapter 2256.

Section 365.2 is amended to reflect the Legislature's change in the name of the state agency from the General Services Commission to the Building and Procurement Commission. Section 365.11 is amended to combine registration requirements items in paragraphs (4) and (6) for a more concise and applicable requirement of the selection process.

Section 365.12 is amended to delete a duplicate registration requirement and the requirement of one year's registration in Texas. Registration with the National Association of Security Dealers is required in §365.11(4). The requirement of one year's registration in Texas is not required by law and serves no useful purpose in selecting dealers. Section 365.12 requires one year's experience in government securities and changes to §365.11(4) require registration in Texas.

No comments were received on the proposed amendments.

Subchapter A. GENERAL PROVISIONS

31 TAC §365.2

The amendments are adopted under the authority of the Texas Water Code §6.101 which provide the Texas Water Development with the authority to adopt rules necessary to carry out the powers and duties in the Water Code and other laws of the State, and the Texas Government Code, Chapters 2256 and 2257 which require each State agency to adopt rules regarding the investment of its funds.

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, 2002.

Suzanne Schwartz

General Counsel

Texas Water Development Board

Effective date: March 12, 2002

Proposal publication date: December 28, 2001

For further information, please call: (512) 463-7981

Subchapter B. SELECTION OF AUTHORIZED DEALERS

31 TAC §365.11, §365.12

The amendments are adopted under the authority of the Texas Water Code §6.101 which provide the Texas Water Development with the authority to adopt rules necessary to carry out the powers and duties in the Water Code and other laws of the State, and the Texas Government Code, Chapters 2256 and 2257 which require each State agency to adopt rules regarding the investment of its funds.

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, 2002.

Suzanne Schwartz

General Counsel

Texas Water Development Board

Effective date: March 12, 2002

Proposal publication date: December 28, 2001

For further information, please call: (512) 463-7981

Chapter 367. AGRICULTURAL WATER CONSERVATION PROGRAM

Subchapter A. GRANTS FOR EQUIPMENT PURCHASES

31 TAC §§367.1, 367.2, 367.21, 367.22, 367.27

The Texas Water Development Board (the board) adopts amendments to 31 TAC §§367.1, 367.2, 367.21, 367.22 and 367.27 concerning Grants for Equipment Purchases of the Agricultural Water Conservation Program without change to the proposed text as published in the December 28, 2001 issue of the Texas Register (26 TexReg 10797) and will not be republished. The amendments provide cleanup and reflect expanded purposes of grants approved by the 77th Texas Legislature.

The amendments to §367.1 expand the policy statement to reflect recent changes by the Legislature in the purposes for which grants may be made and to correct the Water Code cite. Section 367.2 is amended to remove definitions that are no longer used and to incorporate new purposes of measuring and collecting data on groundwater conservation for which grants may be used as added to Texas Water Code §15.471 by the 77th Texas Legislature. The definition of political subdivision is added to define entities eligible for grants under the Agricultural Water Conservation Grants for Equipment Purchases Program. The amendment reflects changes made by the 77th Texas Legislature. The definition is identical to the Texas Water Code Chapter 15 definition. The amendment to §367.21 incorporates this expanded use of grants.

Section 367.22 expands the entities eligible to receive grants to include all political subdivisions (as defined by Chapter 15 of the Texas Water Code). This reflects changes made by the 77th Texas Legislature. Because the definition for political subdivision includes both underground water conservation districts and other districts, §367.22 is amended to remove specific reference to those entities as eligible. The amendments to §367.27 remove reference to the executive administrator's award of grants because the Board may not delegate this responsibility to the executive administrator.

There were no comments received on the proposed amendments.

The amendments are adopted under the authority of the Texas Water Code §6.101 and Texas Water Code §§15.435, 15.472, and 15.541 which provide the Texas Water Development Board with the authority to adopt rules necessary to carry out the powers and duties in the Water Code and other laws of the State.

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, 2002.

Suzanne Schwartz

General Counsel

Texas Water Development Board

Effective date: March 12, 2002

Proposal publication date: December 28, 2001

For further information, please call: (512) 463-7981