![](https://www.texasdesal.com/wp-content/uploads/TexasDesal_Monthly-Leg-Update_Banner_Mailchimp_600x190_2-2_r150-1024x325.png)
The 88th legislative session has come to a conclusion. The House and Senate both adjourned, Sine Die, which actually means (for those who do not remember their high school Latin) indefinitely, without any future date being designated, late afternoon of the 29th. Although, the Governor called a Special Session at 9:00 p.m. just a few hours after both the House and Senate adjourned so the interim was very short-lived. The Special Session was short-lived as well, the House passing both bills the Governor declared on the call, a property tax relief bill and increased penalties for human trafficking, both done on the 30th. The House then determined that the Senate bills that were passed, also in record time, were not germane to the Governor’s call and refused to refer the bills to committee. Once this parliamentary procedure was accomplished, the Speaker gaveled the House out and Sine Die was once again declared, leaving the Senate to deal with the House bills as they were passed in the House.
The prediction is that the Senate will NOT pass the bills as they come over from the House and the House no longer being in session, the Senate will Sine Die as well and we can start this all over again or whenever the Governor sees fit to call them back.
Wash, rinse and repeat. This particular sitcom can be rerun any number of times until someone, anyone decides to initiate a compromise. When that occurs is anyone’s guess, but most of these members will have to go home, earn a living, spend time with their families, attend to summer plans, etc. at some point. The Lt. Governor has recently proclaimed that what the Governor and Speaker are attempting to pass, is something he will never agree with. Since it is often proclaimed that there is only one vote in the Senate that matters, the situation does not appear to be ending anytime soon.
As a point of reference, there is approximately $40 B unspent in the state Treasury including what is maintained in the “Rainy Day” fund. Those are your tax dollars the Government can’t seem to decide what to do with. They seem to agree they want to give some of it back to tax payers, just not sure how to go about it. Stay tuned…
A couple of side notes, the House expelled one of its own during the session. Representative Bryan Slaton (R) Royse City, a second term House member. For those unfamiliar with Royse City, it is outside the Metroplex in the Collin Co. Rockwall area. Representative Slaton was investigated by the House Investigating Committee and expelled for giving alcohol to and having sex with his 19-year-old intern and then attempting to cover it up. The House leadership and the members took this issue very seriously.
The last time a House member was expelled was over 100 years ago, so this does not happen very often. The other unique piece of business was the Impeachment of current Attorney General Ken Paxton.
Also, something that does not happen very often. There have only been 2 impeachments in Texas history. Governor James “Pa” Ferguson was impeached during his second term of office, July 1917 and was removed from office and barred from ever holding office again. The other was the impeachment of District Judge O.P. Carrillo in 1975.
General Paxton’s problems began when in March he asked the legislature to pay the settlement of $3.3 M to the whistleblowers who filed complaints against him and initiated an investigation by the FBI on suspicion of bribery (among other charges). This led to a list of 20 articles of impeachment. While many of these issues and charges were well known around the capitol, I think it was the first time anyone had actually put them all together. The House Investigating Committee laid out the articles to the entire House which voted 121 to 23 for impeachment. The case now goes to the Senate where an actual trial will be held in which the Lt. Governor acts as a judge and the Senators are the jury. One other interesting note, Senator Angela Paxton is the AG’s wife.
The Texas water industry and desalination in particular had a very active session. 2 bills that Texas Desal supported in particular passed with overwhelming support. CSSB 28 and SJR 75 were carried in the Senate by Senator Perry and in the House by Chairman Tracy King. These 2 bills provide new financing for various water projects including both brackish and marine desalination. SJR (Senate Joint Resolution) 75 and its enabling legislation SB 28 set out to establish several new entities with the goal of creating new water and repairing old water infrastructure.
SJR 75 is the constitutional amendment authorizing the expenditure of $1Billion on the projects that qualify under the final version of CSSB 28. The vote to approve or not this particular amendment will be this upcoming November.
Specifically, CSSB 28 would establish the New Water Supply for Texas Fund, the Texas Water Fund, and the Statewide Water Public Awareness Account to be administered by the Texas Water Development Board (TWDB). The bill would create the New Water Supply for Texas Fund as a special fund in the state treasury that would consist of:
- Money appropriated for transfer or deposit to the credit of the fund
- Money from any available source that TWDB transferred to the fund;
- Depository interest allocable to the fund and other investment returns on money in the fund;
- Money from gifts, grants, or donations to the fund; and
- Any other fees or sources of revenue that the Legislature dedicated for deposit to the fund
The fund would be exempt from statutory provisions concerning the use of dedicated revenue for managing treasury funds. TWDB would be required to use the fund to finance projects that led to the acquisition or creation of seven million acre-feet of new water supplies by December 31, 2033.
The fund could be used to:
- Provide financial assistance to political subdivisions to develop water supply projects that created new water sources for the state, except for maintenance or operation expenses of certain water supply projects;
- Make transfers for such financial assistance to the State Water Implementation Fund for Texas or to the Texas Water Development Fund II; and
- Make transfers to the water bank account only for the acquisition or transfer of water originating outside the state.
A loan made from the fund could provide for repayment terms of up to 30 years, at TWDB’s discretion. Interest or principal from the repayment of the loan would have to be deposited to the fund. The fund could provide financial assistance to certain qualifying infrastructure projects. The bill would establish additional procedures on the distribution of financial assistance, including factors that TWDB would be required to consider when evaluating an application for financial assistance. An application would have to comply with statutory water conservation plan requirements.
Texas Water Fund. The bill would establish the Texas Water Fund as a special fund in the state treasury outside the general revenue fund. The fund would consist of:
- Money from any source transferred or deposited to the credit of the fund by general law;
- Any other revenue that the Legislature dedicated to the fund;
- Investment earnings and interest earned on amounts credited to the fund;
- Money from gifts, grants, or donations to the fund; and
- Money returned from any authorized transfer
Money deposited to the credit of the Texas Water Fund or transferred from the fund for authorized purposes would be subject to criteria developed by TWDB and to general law. TWDB could use the fund to pay necessary and reasonable expenses of its administration. The bill would require TWDB to ensure that a portion of the money transferred was used for:
- Water or wastewater infrastructure projects, with priority for certain risk or need factors;
- Projects for which all required state or federal permitting had been substantially completed;
- The statewide water public awareness program; and water conservation strategies.
The fund could be used only to transfer money to:
- The water assistance fund;
- The New Water Supply for Texas Fund;
- The State Water Implementation Fund for Texas;
- The State Water Implementation Revenue Fund for Texas;
- A revolving fund established for financial assistance for water pollution control;
- The rural water assistance fund;
- The statewide water account; and
- The Texas Water Development Fund II state participation account. er public awareness account;
- The Texas Water Development Fund II water financial assistance
The bill would take effect September 1, 2023, except for provisions regarding the Texas Water Fund, which would take effect January 1, 2024, only if the constitutional amendment creating the fund was approved by voters.