89R2372 JAM-F     By: Harris H.B. No. 3316       A BILL TO BE ENTITLED   AN ACT   relating to the redesignation of the State Water Implementation   Fund for Texas Advisory Committee as the Texas Water Fund Advisory   Committee, the abolition of the Texas Infrastructure Resiliency   Fund Advisory Committee, and the composition and functions of the   Texas Water Fund Advisory Committee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 15.431(a)(1), Water Code, is amended to   read as follows:                (1)  "Advisory committee" means the [State Water   Implementation Fund for] Texas Water Fund Advisory Committee.          SECTION 2.  Section 15.438, Water Code, is transferred to   Subchapter A, Chapter 15, Water Code, redesignated as Section   15.009, Water Code, and amended to read as follows:          Sec. 15.009  [15.438].  TEXAS WATER FUND ADVISORY   COMMITTEE.  (a)  The [State Water Implementation Fund for] Texas   Water Fund Advisory Committee is composed of the following eight   [seven] members:                (1)  the comptroller, or a person designated by the   comptroller;                (2)  the chair of the committee of the senate having   primary jurisdiction over water resources;                (3)  the chair of the committee of the house of   representatives having primary jurisdiction over water resources;                (4)  two [three] members of the senate appointed by the   lieutenant governor, including at least one[:                      [(A)  a] member of the committee of the senate   having primary jurisdiction over matters relating to finance;                (5)  two [and                      [(B)  the chair of the committee of the senate   having primary jurisdiction over water resources; and                [(3)  three] members of the house of representatives   appointed by the speaker of the house of representatives, including   at least one[:                      [(A)  a] member of the committee of the house of   representatives having primary jurisdiction over appropriations;   and                (6)  the director of the Texas Division of Emergency   Management or the successor in function to that entity, or a person   designated by that person, who serves as a nonvoting member                      [(B)  the chair of the committee of the house of   representatives having primary jurisdiction over water resources].          (b)  The following persons shall serve as staff support for   the advisory committee:                (1)  the deputy executive administrator of the board   who is responsible for water science and conservation or a person   who holds an equivalent position at the agency, or a person   designated by that person;                (2)  the deputy executive administrator of the board   who is responsible for water resources planning and information or   a person who holds an equivalent position at the agency, or a person   designated by that person; and                (3)  the chief financial officer of the board, or a   person who holds an equivalent position at the agency.          (c)  A [An appointed] member of the advisory committee   designated under Subsection (a)(1) or (6) or appointed under   Subsection (a)(4) or (5) serves at the will of the person who   designated or appointed the member.          (d)  The members of the advisory committee described by   Subsections (a)(2) and (3) serve as [lieutenant governor shall   appoint a] co-presiding officers [officer] of the [advisory]   committee [from among the members appointed by the lieutenant   governor, and the speaker of the house of representatives shall   appoint a co-presiding officer of the committee from among the   members appointed by the speaker].          (e)  The advisory committee may hold public hearings, formal   meetings, or work sessions.  Either co-presiding officer of the   advisory committee may call a public hearing, formal meeting, or   work session of the advisory committee at any time.  The advisory   committee may not take formal action at a public hearing, formal   meeting, or work session unless a quorum of the committee is   present.          (f)  Except as otherwise provided by this subsection, a   member of the advisory committee is not entitled to receive   compensation for service on the committee or reimbursement for   expenses incurred in the performance of official duties as a member   of the committee.  Service on the advisory committee by a member of   the senate or house of representatives is considered legislative   service for which the member is entitled to reimbursement and other   benefits in the same manner and to the same extent as for other   legislative service.          (g)  As needed, the [The] advisory committee shall submit   comments and recommendations to the board regarding the use of   money in:                (1)  the state water implementation fund for Texas   established under Subchapter G [fund] for use by the board in   adopting rules under Section 15.439 and in adopting policies and   procedures under Section 15.441;                (2)  the Texas water fund established under Subchapter   H-1 for use by the board in adopting rules under Section 15.507;                (3)  the flood infrastructure fund established under   Subchapter I for use by the board in adopting rules under Section   15.537; and                (4)  the Texas infrastructure resiliency fund   established under Section 16.452 for use by the board in adopting   rules under Section 16.460.  [The submission must include:                [(1)  comments and recommendations on rulemaking   related to the prioritization of projects in regional water plans   and the state water plan in accordance with Section 15.437;                [(2)  comments and recommendations on rulemaking   related to establishing standards for determining whether projects   meet the criteria provided by Section 15.434(b);                [(3)  an evaluation of the available programs for   providing financing for projects included in the state water plan   and guidelines for implementing those programs, including   guidelines for providing financing for projects included in the   state water plan that are authorized under Subchapter Q or R of this   chapter, Subchapter E or F, Chapter 16, or Subchapter J, Chapter 17;                [(4)  an evaluation of the lending practices of the   board and guidelines for lending standards;                [(5)  an evaluation of the use of funds by the board to   provide support for financial assistance for water projects,   including support for the purposes described by Section 15.435(c);                [(6)  an evaluation of whether premium financing   programs should be established within the funds described by   Section 15.435 to serve the purposes of this subchapter, especially   in connection with projects described by Section 15.434(b);                [(7)  an evaluation of methods for encouraging   participation in the procurement process by companies domiciled in   this state or that employ a significant number of residents of this   state; and                [(8)  an evaluation of the overall operation, function,   and structure of the fund.]          (h)  The advisory committee shall review the overall   operation, function, and structure of each fund listed in   Subsection (g) [the fund] at least semiannually [and may provide   comments and recommendations to the board on any matter].          (i)  The advisory committee may:                (1)  provide comments and recommendations to the board   on any matter;                 (2)  review the overall operation, function, and   structure of any fund established under this chapter or Chapter 16   that is not listed in Subsection (g); and                 (3)  adopt rules, procedures, and policies as needed to   administer this section and implement its responsibilities.          (j)  Chapter 2110, Government Code, does not apply to the   size, composition, or duration of the advisory committee.          (k)  The advisory committee is subject to Chapter 325,   Government Code (Texas Sunset Act).  Unless continued in existence   as provided by that chapter, the advisory committee is abolished   and this section expires September 1, 2035.          (l)  As needed, the [The] advisory committee shall make   recommendations to the board regarding information to be posted on   the board's Internet website relating to the funds listed in   Subsection (g) [under Section 15.440(b)].          (m)  The advisory committee shall evaluate and may provide   comments or recommendations on the feasibility of the state owning,   constructing, and operating water supply projects, including   reservoirs and major water supply conveyance infrastructure,   through existing financial assistance programs under Subchapter E   of this chapter, Subchapter E or F, Chapter 16, or other mechanisms.          (n)  The executive administrator shall provide an annual   report to the advisory committee on:                (1)  the board's compliance with statewide annual goals   relating to historically underutilized businesses; and                (2)  the participation level of historically   underutilized businesses in projects that receive funding related   to a bond enhancement agreement under Subchapter G [this   subchapter].          (o)  If the aggregate level of participation by historically   underutilized businesses in projects that receive funding related   to a bond enhancement agreement under Subchapter G [this   subchapter] does not meet statewide annual goals adopted under   Chapter 2161, Government Code, the advisory committee shall make   recommendations to the board to improve the participation level.          SECTION 3.  The following provisions of the Water Code are   repealed:                (1)  Section 15.506;                (2)  Section 15.540;                (3)  Section 16.451(1); and                (4)  Section 16.456.          SECTION 4.  This Act takes effect September 1, 2025.