Title WA, Water Code

Sec. 16.342. RULES. (a) The board shall adopt rules that are necessary to carry out the program provided by Subchapter K, Chapter 17, of this code and rules: (1) incorporating existing minimum state standards and rules for water supply and sewer services established by the commis…

Sec. 16.343. MINIMUM STATE STANDARDS AND MODEL POLITICAL SUBDIVISION RULES. (a) The board shall, after consultation with the attorney general and the commission, prepare and adopt model rules to assure that minimum standards for safe and sanitary water supply and sewer services i…

Sec. 16.344. OVERSIGHT. (a) The board shall monitor the performance of a political subdivision that receives financial assistance under Subchapter K, Chapter 17, of this code to ensure that the project approved in the application and plans is constructed in the manner described i…

Sec. 16.345. AUTHORITY TO PARTICIPATE IN PROGRAM. (a) A political subdivision may exercise any authority necessary to participate in a program under Section 15.407 of this code or Subchapter K, Chapter 17, of this code and carry out the terms and conditions under which the funds …

Sec. 16.346. EXAMINATION OF ABILITY OF A DISTRICT TO PROVIDE SERVICES AND FINANCING. (a) In connection with an application under Subchapter K, Chapter 17, of this code, the board may consider and make any necessary investigations and inquiries as to the feasibility of creating a …

Sec. 16.347. REQUIREMENT OF IMPOSITION OF DISTRESSED AREAS WATER FINANCING FEE. (a) In this section: (1) "Distressed areas water financing fee" means a fee imposed by a political subdivision on undeveloped property. (2) "Undeveloped property" means a tract, lot, or reserve in an …

Sec. 16.348. SETTING OF FEE BY POLITICAL SUBDIVISION; LIEN; DELINQUENT FEES. (a) Before a political subdivision may set the amount of or impose a fee under Section 16.347 of this code, the political subdivision shall hold a hearing on the matter. (b) Notice of the hearing shall b…

Sec. 16.349. FEES. (a) A political subdivision that receives financial assistance may charge persons in an economically distressed area in which water supply and sewer services are furnished an amount for those services that is not less than the amount provided in the application…

Sec. 16.350. ELIGIBLE COUNTIES AND MUNICIPALITIES TO ADOPT RULES. (a) A county or municipality that applies for or receives funds or financial assistance under Section 15.407 of this code or Subchapter K, Chapter 17, of this code must adopt and enforce the model rules developed u…

Sec. 16.351. CONTRACT PREFERENCE. A political subdivision that receives financial assistance under Subchapter K, Chapter 17, of this code shall give preference in the award of political subdivision contracts to acquire, construct, extend, or provide water supply and sewer service…

Sec. 16.352. ENFORCEMENT OF RULES. A person who violates a rule adopted by a municipality or county under this subchapter or under Subchapter B or C, Chapter 232, Local Government Code, is liable to the municipality or county for a civil penalty of not less than $500 and not more…

Sec. 16.353. INJUNCTION. (a) In addition to any other remedy, the attorney general, the municipal attorney of the municipality in which a violation under Section 16.352 occurs, or the county or district attorney of the county in which a violation under Section 16.352 occurs may a…

Sec. 16.3535. DAMAGES. In addition to any other remedy, the attorney general, the municipal attorney of the municipality in which a violation under Section 16.352 occurs, or the county or district attorney of the county in which a violation under Section 16.352 occurs may apply t…

Sec. 16.354. ATTORNEY GENERAL ENFORCEMENT. In addition to the ability of any political subdivision to enforce this subchapter, the attorney general may file suit to: (1) enforce a rule adopted under Section 16.350; (2) recover a civil penalty under Section 16.352; (3) obtain inju…

Sec. 16.3545. VENUE. A suit brought under this subchapter for injunctive relief or the recovery of a civil penalty or damages may be brought in a district court in: (1) the county in which the defendant resides; (2) the county in which the alleged violation or threat of violation…

Sec. 16.355. AUTHORITY OVER FACILITIES. A political subdivision may construct, contract for construction, operate, or contract with any person for operation of any water supply or sewer services or facilities provided by the political subdivision with financial assistance obtaine…

Sec. 16.356. USE OF REVENUE FROM OPERATION OF WATER SUPPLY OR SEWER SERVICE PROJECTS. (a) A political subdivision that receives financial assistance from the economically distressed areas program under Subchapter K, Chapter 17, may not use any revenue received from fees collected…

Sec. 16.402. WATER CONSERVATION PLAN REVIEW. (a) Each entity that is required to submit a water conservation plan to the commission under this code shall submit a copy of the plan to the executive administrator. (b) Each entity that is required to submit a water conservation plan…

Sec. 16.4021. WATER CONSERVATION PLAN REQUIREMENTS. (a) In this section, "water conservation plan" means a plan that describes a program of water conservation for the more efficient use of water. (b) This section applies to an application for financial assistance under: (1) Subch…

Sec. 16.403. WATER USE REPORTING. (a) The board and the commission, in consultation with the Water Conservation Advisory Council, shall develop a uniform, consistent methodology and guidance for calculating water use and conservation to be used by a municipality or water utility …

Sec. 16.404. RULES AND STANDARDS. The commission and the board, as appropriate, shall adopt rules and standards as necessary to implement this subchapter. Added by Acts 2011, 82nd Leg., R.S., Ch. 1233 (S.B. 660), Sec. 11, eff. September 1, 2011. SUBCHAPTER L. FLOOD PROJECT FUNDIN…

Sec. 16.451. DEFINITIONS. In this subchapter: (1) Repealed by Acts 2025, 89th Leg., R.S., Ch. 954 (S.B. 7), Sec. 2.03(3), eff. September 1, 2025. (2) "Eligible political subdivision" means a district or authority created under Section 52, Article III, or Section 59, Article XVI, …

Sec. 16.452. TEXAS INFRASTRUCTURE RESILIENCY FUND. (a) The Texas infrastructure resiliency fund is a special fund in the state treasury outside the general revenue fund. (b) The resiliency fund shall be administered by the board in accordance with this subchapter. (c) The board m…

Sec. 16.453. FLOODPLAIN MANAGEMENT ACCOUNT. (a) The floodplain management account is an account of the resiliency fund. (b) The account consists of: (1) money deposited to the credit of the account under Section 251.004, Insurance Code; (2) money directly appropriated to the boar…

Sec. 16.454. HURRICANE HARVEY ACCOUNT. (a) The Hurricane Harvey account is an account in the resiliency fund. (b) The board may use the account only to provide moneys to the Texas Division of Emergency Management for the division to provide financing for projects related to Hurri…

Sec. 16.455. FEDERAL MATCHING ACCOUNT. (a) The federal matching account is an account in the resiliency fund. (b) The board may use the account only to meet matching requirements for projects funded partially by federal money, including projects funded by the United States Army C…

Sec. 16.457. REPORT REQUIRED. (a) In this section, "state agency" means: (1) a department, commission, board, office, or other agency in the executive branch of state government created by the state constitution or a state statute; and (2) a general academic teaching institution …

Sec. 16.458. APPLICABLE LAW. (a) Subchapter E, Chapter 17, applies to financial assistance made available from the resiliency fund, except that the board may execute contracts as necessary to evidence grant agreements. (b) The law regarding uniform grant and contract management, …

Sec. 16.459. TRANSPARENCY REQUIREMENTS. The board shall post the following information on the board's Internet website regarding the use of the resiliency fund and regularly update the information posted: (1) the progress made in developing flood projects statewide; (2) a descrip…

Sec. 16.460. RULES. The board shall adopt rules necessary to carry out this subchapter, including rules: (1) that establish procedures for an application for and for the award of financial assistance; (2) that establish the prioritization system for flood projects that receive mo…

Sec. 16.501. DEFINITIONS. In this subchapter: (1) "Flash flood-prone area" means an area of this state included in the disaster declaration issued by the governor under Section 418.014, Government Code, in response to the July 2025 Hill Country floods. (2) "Outdoor warning siren"…

Sec. 16.502. OUTDOOR WARNING SIRENS REQUIRED IN FLASH FLOOD-PRONE AREAS. (a) The board shall identify each area in a flash flood-prone area that: (1) has a history of consistent or severe flooding; and (2) based on the history under Subdivision (1) and any other factor the board …