WATER CODE

TITLE 2. WATER ADMINISTRATION

SUBTITLE C. WATER DEVELOPMENT

CHAPTER 15. TEXAS WATER ASSISTANCE PROGRAM

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 15.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the Texas Water Development Board.
(2)  "Commission" means the Texas Natural Resource Conservation Commission.
(3)  "Executive administrator" means the executive administrator of the Texas Water Development Board.
(4)  "Executive director" means the executive director of the Texas Natural Resource Conservation Commission.
(5)  "Political subdivision" means a city, county, district or authority created under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution, any other political subdivision of the state, any interstate compact commission to which the state is a party, and any nonprofit water supply corporation created and operating under Chapter 67.
(6)  "Project" means:
(A)  any undertaking or work, including planning activities and work to obtain regulatory authority at the local, state, and federal level, to conserve, convey, and develop water resources in the state, to provide for the maintenance and enhancement of the quality of the water of the state, to provide nonstructural and structural flood control, drainage, subsidence control, recharge, chloride control, brush control, precipitation enhancement, and desalinization, to provide for the acquisition of water rights and the repair of unsafe dams, and to carry out other purposes defined by board rules;  
(B)  any undertaking or work outside the state to provide for the maintenance and enhancement of the quality of water by eliminating saline inflow through well pumping and deep well injection of brine;  or
(C)  any undertaking or work by Texas political subdivisions or institutions of higher education to conserve, convey, and develop water resources in areas outside Texas or to provide for the maintenance and enhancement of the quality of the water in areas adjoining Texas, if such undertaking or work will result in water being available for use in or for the benefit of Texas or will maintain and enhance the quality of water in Texas.
(7)  "Fund" means the water assistance fund.
(8)  "Loan fund" means the water loan assistance fund.
(9)  "Conservation" means:
(A)  the development of water resources;  and
(B)  those practices, techniques, and technologies that will reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a water supply is made available for future or alternative uses.
(10)  "Federal agency" means any federal agency, including the United States Secretary of State, that may act or that is acting through the American Commissioner on the International Boundary and Water Commission, United States and Mexico.
(11)  "Economically distressed area" means:
(A)  an area in which water supply or sewer services are inadequate to meet minimal needs of residential users as defined by board rules and in which financial resources are inadequate to provide water supply or sewer services that will satisfy those needs;  or
(B)  for purposes of any federal funds for colonias deposited in the water assistance fund, an area that meets the federal criteria for use of such funds.
(12)  "Nonborder colonia" means a residential community:
(A)  located in an unincorporated area of a county all parts of which are at least 150 miles from the international border of this state;
(B)  in which water or wastewater services are inadequate to meet minimal needs of residential users as defined by board rules;
(C)  in which the average household income is less than the average household income for the county in which the community is located; and
(D)  that consists of 11 or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood.
(13)  "Regionalization" means development of a water supply or wastewater collection and treatment system that incorporates multiple service areas into an areawide service facility or any such system that serves an area that includes more than a single county, city, special district, or other political subdivision of the state.
 
Text of subdivision as added by Acts 2023, 88th Leg., R.S., Ch. 607 (H.B. 3582), Sec. 1

 
(14)  "Rural political subdivision" means:
(A)  a nonprofit water supply or sewer service corporation created and operating under Chapter 67 of this code or a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, no part of the service area of which is located in an urban area with a population of more than 50,000;
(B)  a municipality:
(i)  with a population of 10,000 or less no part of the service area of which is located in an urban area with a population of 50,000 or more; or
(ii)  located wholly in a county in which no urban area has a population of more than 50,000;
(C)  a county in which no urban area has a population of more than 50,000; or 
(D)  an entity that:
(i)  is a nonprofit water supply or sewer service corporation created and operating under Chapter 67 of this code, a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, municipality, county, or other political subdivision of the state, or an interstate compact commission to which the state is a party; and
(ii)  demonstrates in a manner satisfactory to the board that the entity is rural or the area to be served by the project is a wholly rural area despite not otherwise qualifying under Paragraph (A), (B), or (C).
 
Text of subdivision as added by Acts 2023, 88th Leg., R.S., Ch. 1064 (S.B. 469), Sec. 1

 
(14)  "Rural political subdivision" means: 
(A)  a nonprofit water supply or sewer service corporation created and operating under Chapter 67 of this code or a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, no part of the service area of which is located in an urban area with a population of more than 50,000; 
(B)  a municipality: 
(i)  with a population of 10,000 or less part of the service area of which is located in an urban area with a population of 50,000 or more; or 
(ii)  located wholly in a county in which no urban area has a population of more than 50,000;
(C)  a county in which no urban area has a population of more than 50,000; or 
(D)  an entity that:
(i)  is a nonprofit water supply or sewer service corporation created and operating under Chapter 67 of this code, a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, a municipality, county, or other political subdivision of the state, or an interstate compact commission to which the state is a party; and
(ii)  demonstrates in a manner satisfactory to the board that the entity is rural or the area to be served by the project is a wholly rural area despite not otherwise qualifying under Paragraph (A), (B), or (C). 
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 133, Sec. 1.06;  Acts 1985, 69th Leg., ch. 133, Sec. 2.01;  Acts 1985, 69th Leg., ch. 795, Sec. 1.038, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 821, Sec. 1, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 977, Sec. 8, eff. June 19, 1987;  Acts 1989, 71st Leg., ch. 624, Sec. 2.01, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.059, eff. Aug. 12, 1991;  Acts 1993, 73rd Leg., ch. 844, Sec. 2, eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 1010, Sec. 4.07, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 18.54, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 966, Sec. 4.04, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1367, Sec. 11.01, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1275, Sec. 2(141), eff. Sept. 1, 2003.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 341 (S.B. 99), Sec. 14, eff. June 15, 2007.
Acts 2023, 88th Leg., R.S., Ch. 607 (H.B. 3582), Sec. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1064 (S.B. 469), Sec. 1, eff. September 1, 2023.