The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise. Words defined in the Texas Water Code, Chapter 15, 16 or
17, and not defined here shall have the meanings provided by the appropriate
Texas Water Code chapter.
(1) Applicant--The entity applying for financial assistance,
including the entity that receives the financial assistance, the entity
that owns the project funded under this chapter, or an entity authorized
to act on behalf of the applicant.
(2) Board--Texas Water Development Board.
(3) Building--Erecting, building, acquiring, altering,
remodeling, improving, or extending a water supply project, treatment
works, or flood control measures.
(4) Certification of trust--An instrument executed
by a home-rule municipality pursuant to Chapter 104, Local Government
Code, governing the management of the loan proceeds in accordance
with §114.086, Texas Property Code.
(5) Closing--The time at which the requirements for
loan closing have been completed under §363.42 of this title
(relating to Loan Closing) and an exchange of debt for delivery of
funds to either the applicant, an escrow agent bank, or a trust agent
(6) Commission--Texas Commission on Environmental Quality.
(7) Commitment--An offer by the board to provide financial
assistance to an applicant who timely fulfills the conditions required
in a board resolution.
(8) Construction account--A separate account created
and maintained for the deposit of loan funds and utilized by the applicant
to pay eligible expenses of the project.
(9) Corporation--A nonprofit water supply corporation
created and operating under Texas Water Code, Chapter 67.
(10) Debt--All bonds, notes, certificates, book-entry
obligations, and other obligations authorized to be issued by any
(11) Department--Texas Department of State Health Services.
(12) Escrow account--A separate account maintained
by an escrow agent for the board's deposit of escrowed funds until
such funds are eligible for release to the construction account.
(13) Escrow agent--Any of the following:
(A) a state or national bank designated by the comptroller
as a state depository institution in accordance with Texas Government
Code, Chapter 404, Subchapter C;
(B) a custodian of collateral as designated in accordance
with Texas Government Code, Chapter 404, Subchapter D; or
(C) a municipal official responsible for managing the
fiscal affairs of a home-rule municipality in accordance with Local
Government Code, Chapter 104.
(14) Executive administrator--The executive administrator
of the board or a designated representative.
(15) Financial assistance--Loans, grants, or state
acquisition of facilities by the board pursuant to the Texas Water
Code, Chapters 15, Subchapters B, C, E, G, H, O, P, and Q; Chapter
16, Subchapters E, and F; Chapter 17, Subchapters D, F, G, I, K, and
L; and Chapter 36, Subchapter L.
(16) Grants--Financial assistance provided by the board
for which repayment is not required.
(17) Innovative technology--Nonconventional methods
of treatment such as rock reed, root zone, ponding, irrigation or
other technologies which represent a significant advance in the state
of the art.
(18) Legislative Designation--A designation made by
the legislature in accordance with §16.051(f) and (g), Texas
(19) Municipal use in gallons per capita per day--The
total average daily amount of water diverted or pumped for treatment
for potable use by a public water supply system. The calculation is
made by dividing the water diverted or pumped for treatment for potable
use by population served. Indirect reuse volumes shall be credited
against total diversion volumes for the purpose of calculating gallons
per capita per day for targets and goals developed pursuant to a water
(20) Pre-design commitment--A commitment by the board
prior to completion of planning or design pursuant to §363.16
of this title (relating to Pre-design Funding Option).
(21) Private placement memorandum--A document functionally
similar to an official statement used in connection with an offering
of municipal securities in a private placement.
(22) Release--The time at which funds are made available
to the loan or grant recipient or to a state participation recipient
pursuant to a master agreement.
(23) SWIFT--The state water implementation fund for
(24) SWIRFT--The state water implementation revenue
fund for Texas.
(25) Water Plan--The current state water plan prepared
and adopted in accordance with Texas Water Code, §16.051.
|Source Note: The provisions of this §363.2 adopted to be effective July 19, 1991, 16 TexReg 3768; amended to be effective August 12, 1994, 19 TexReg 5847; amended to be effective November 10, 1995, 20 TexReg 8908; amended to be effective October 13, 1997, 22 TexReg 9892; amended to be effective February 16, 1999, 24 TexReg 766; amended to be effective December 7, 1999, 24 TexReg 10882; amended to be effective November 7, 2001, 26 TexReg 8847; amended to be effective December 3, 2002, 27 TexReg 11156; amended to be effective December 9, 2003, 28 TexReg 10951; amended to be effective December 6, 2004, 29 TexReg 11368; amendedtobe effective December 25, 2007, 32 TexReg 9721; amended to be effective July 30, 2012, 37 TexReg 5597; amended to be effective November 26, 2014, 39 TexReg 9209; amended to be effective May 6, 2018, 43 TexReg 2785