The department will apportion and distribute available funds in the manner described by this section. (1) Each county will receive a minimum of $100,000 in funding during each program call. (2) In addition to funds distributed under paragraph (1) of this section, an amount equal to 10% of the funding available during each program call shall be set aside and distributed to rural border counties to fund projects in which a colonia access road serving a border colonia located in that county is paved for the first time. (3) The first 50% of the remaining available funds after the distributions under paragraphs (1) and (2) of this section will be distributed to a county in proportion to its border colonia population, based on the latest estimates from the Texas Water Development Board. The commission will fund the highest ranked projects as evaluated and scored under §15.104 of this subchapter. (4) The remaining 50% of the remaining available funds will then be distributed to individual counties on a project by project basis. All projects submitted by the counties and not funded under paragraphs (1), (2), and (3) of this section will be funded in descending rank order as determined under §15.104 of this subchapter as available funding permits. (5) If a county did not submit sufficient eligible projects to expend funds available under paragraphs (1), (2), and (3) of this section, the remaining funds will be distributed in accordance with paragraph (4) of this section. If the remaining funds are not distributed under paragraph (4) of this section because of insufficient eligible projects, the county may use those funds for project cost overruns. (6) Funds available as a result of a county being prohibited from continued participation in the program under §15.106(e) of this subchapter or because of county reimbursements under §15.106(f) of this subchapter will be distributed in accordance with paragraph (4) of this section. (7) Projects will be funded based on the project cost estimates provided by a county under §15.103 of this subchapter. Except as provided in paragraph (5) of this section, project costs above that estimate are the responsibility of the county. A county may seek additional funds for a project if the department issues subsequent program calls. (8) The maximum amount of funding that is available for each project is $500,000 per mile, unless the executive director or designee not below the level of assistant executive director grants a waiver due to exceptional drainage costs. (9) Projects partially funded under prior program calls are eligible for funding under this subchapter. (10) A county may use unexpended funds from a project on any other commission-selected county colonia project. |
| Source Note: The provisions of this §15.105 adopted to be effective January 2, 2002, 26 TexReg 11047; amended to be effective October 17, 2002, 27 TexReg 9627; amended to be effective February 19, 2004, 29 TexReg 1425; amended to be effective December 6, 2007, 32 TexReg 8856 |
