Texas Water Code
§ 16.146 — AUTHORIZED PROJECTS FOR STATE PARTICIPATION ACCOUNT II
WA § 16.146Title 2. WATER ADMINISTRATION · Part C. WATER DEVELOPMENT · Ch. 16. PROVISIONS GENERALLY APPLICABLE TO WATER DEVELOPMENT · Art. E. ACQUISITION AND DEVELOPMENT OF FACILITIES
Statute text
View on source(a)The board may use the state participation account II created under Section 17.957 to provide financial assistance for the development of a desalination or aquifer storage and recovery facility, including associated intake or distribution facilities, to meet existing or projected future water needs by acquiring such a facility or an ownership interest in such a facility.
(b)The board may act singly or in a joint venture in partnership with any person, including a public or private entity, an agency or political subdivision of this state, another state or a political subdivision of another state, the United States, or a foreign nation, to the extent permitted by law. The board may provide financial assistance under this section for a facility without regard to any requirements provided by board rules regarding the portion of the capacity of the facility that will serve an existing need or the portion of the cost of the facility that the applicant will finance from sources other than the state participation account II.
(c)Section 16.135 does not apply to the use of the state participation account II to develop a facility described by Subsection (a) of this section by acquiring the facility or an interest in the facility.
(d)Before the board may acquire a facility or an interest in a facility described by Subsection (a), the board must find affirmatively that:
(1)it is reasonable to expect that the state will recover its investment in the facility; and
(2)the public interest will be served by the acquisition of the facility.
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Legislative history
Acts 2025, 89th Leg., R.S., Ch. 954 (S.B. 7), Sec. 1.16(2), eff. September 1, 2025.