The Texas Water Development Board (the board) adopts amendments to 31 TAC §§382.1, 382.3, and 382.22, concerning Water Infrastructure Fund without changes to the proposed text as published in the December 2, 2005, issue of the Texas Register (30 TexReg 7998) and will not be republished. The amendments are adopted for cleanup and clarification as a result of the four-year rule review requirement of Texas Government Code §2001.039.

The board adopts an amendment to §382.1, Scope of Chapter, to change the reference to the Subchapter of Chapter 15 of the Texas Water Code under which the Water Infrastructure Fund is established, from Subchapter O to Subchapter Q. This amendment is consistent with a change to Chapter 15 of the Texas Water Code made by House Bill 3505 of the 78th Legislature, Regular Session (2003).

The board adopts an amendment to §382.3, Use of Funds, to delete the current text of §382.3(c), which limits funding to political subdivisions for planning and design costs, permitting costs, and other costs associated with state or federal regulatory activities with respect to a project to no more than 10% of financial assistance budgeted by the board to be made available from the Water Infrastructure Fund in a fiscal year. This amendment is consistent with a change to the §15.974 of the Texas Water Code made by Senate Bill 509 of the 79th Legislature, Regular Session (2005).

Current §382.22(b)(1)(L)(iii) requires that the applicant submit an affidavit from its authorized representative that states that there is no pending or threatened litigation against the applicant that would materially adversely affect the financial condition of the applicant or to issue the debt. The board amends this subsection by adding the requirement that the affidavit state that either there is no pending or threatened judgments, orders, or fines from the Texas Commission on Environmental Quality or any other federal, state, or local government, or to identify any such judgments, orders, or fines. The reason that the board adopts this amendment is that the board currently requires this information as part of its Drinking Water State Revolving Fund Program and that by including this requirement in this program, the board develops consistency between its program requirements. Also, the board believes that as a state agency it should be aware of incidents of non-compliance by the applicant with the other arms of government prior to approving financial assistance to an applicant.

No comments were received on the proposed amendments.

Subchapter A. INTRODUCTORY PROVISIONS

The Texas Water Development Board (the board) adopts amendments to 31 TAC §384.1 and §384.22(b)(1)(L), concerning the Rural Water Assistance Fund without changes to the proposed text as published in the December 2, 2005, issue of the Texas Register (30 TexReg 7999) and will not be republished. The board has reviewed 31 TAC Chapter 384 pursuant to Texas Government Code §2001.039. As a result of this review, the board amends §384.1 in order to be consistent with recent statutory amendments (and other board rules) and amends §384.22 to align the requirement therein with other board programs.

The board adopts an amendment to §384.1, Scope of Chapter, to change the reference to the Subchapter of Chapter 15 of the Texas Water Code under which the Rural Water Assistance Fund is established, from Subchapter P to Subchapter R. This amendment is made in order for the rule to be consistent with a statutory amendment made by the 78th Legislature.

Current §384.22(b)(1)(L)(iii) requires that the applicant submit an affidavit from its authorized representative that states that there is no pending or threatened litigation against the applicant that would materially adversely affect the financial condition of the applicant or to issue the debt. The board amends this subsection by adding the requirement that the affidavit state that either there is no pending or threatened judgments, orders, or fines from the Texas Commission on Environmental Quality or any other federal, state, or local government, or to identify any such judgments, orders, or fines. The reason that the board adopts this amendment is that the board currently requires this information as part of its Drinking Water State Revolving Fund Program and that by including this requirement in this program, the board develops consistency between its program requirements. Also, the board believes that as a state agency it should be aware of incidents of non-compliance by the applicant with the other arms of government prior to approving financial assistance to an applicant.

No comments were received on the proposed amendments.

Subchapter A. INTRODUCTORY PROVISIONS