SECTION 363.2. Definitions of Terms

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) Alternative Delivery Guidance--A document prepared by the Board after public review and comment and reviewed periodically that identifies alternative methods of project delivery available to applicants for financial assistance and the requirements for utilizing an alternative delivery method.

(3) Board--Texas Water Development Board.

(4) Building--Erecting, building, acquiring, altering, remodeling, improving, or extending a water supply project, treatment works, or flood control measures.

(5) 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.

(6) 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 has occurred.

(7) Commission--Texas Commission on Environmental Quality.

(8) Commitment--An offer by the board to provide financial assistance to an applicant who timely fulfills the conditions required in a board resolution.

(9) 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.

(10) Corporation--A nonprofit water supply corporation created and operating under Texas Water Code, Chapter 67.

(11) Debt--All bonds, notes, certificates, book-entry obligations, and other obligations authorized to be issued by any political subdivision.

(12) Department--Texas Department of State Health Services.

(13) 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.

(14) 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.

(15) Executive administrator--The executive administrator of the board or a designated representative.

(16) 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.

(17) Grants--Financial assistance provided by the board for which repayment is not required.

(18) 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.

(19) Legislative Designation--A designation made by the legislature in accordance with §16.051(f) and (g), Texas Water Code.

(20) 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 conservation plan.

(21) 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).

(22) Private placement memorandum--A document functionally similar to an official statement used in connection with an offering of municipal securities in a private placement.

(23) 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.

(24) SWIFT--The state water implementation fund for Texas.

(25) SWIRFT--The state water implementation revenue fund for Texas.

(26) 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; amended tobe 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; amended to be effective March 1, 2023, 48 TexReg 1137