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          AN ACT
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        relating to the rulemaking power of certain groundwater  | 
      
      
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        conservation districts. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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               SECTION 1.  Section 36.121, Water Code, is amended to read as  | 
      
      
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        follows: | 
      
      
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               Sec. 36.121.  LIMITATION ON RULEMAKING POWER OF DISTRICTS  | 
      
      
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        OVER WELLS IN CERTAIN COUNTIES.  Except as provided by Section  | 
      
      
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        36.117, a district that is created under this chapter on or after  | 
      
      
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        September 1, 1991, shall exempt from regulation under this chapter  | 
      
      
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        a well and any water produced or to be produced by a well that is  | 
      
      
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        located in a county that has a population of 14,000 or less if the  | 
      
      
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        water is to be used solely to supply a municipality that has a  | 
      
      
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        population of 121,000 or less and the rights to the water produced  | 
      
      
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        from the well are owned by a political subdivision that is not a  | 
      
      
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        municipality, or by a municipality that has a population of 115,000  | 
      
      
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        [100,000] or less, and that purchased, owned, or held rights to the  | 
      
      
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        water before the date on which the district was created, regardless  | 
      
      
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        of the date the well is drilled or the water is produced.  The  | 
      
      
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        district may not prohibit the political subdivision or municipality  | 
      
      
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        from transporting produced water inside or outside the district's  | 
      
      
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        boundaries. | 
      
      
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               SECTION 2.  This Act takes effect immediately if it receives  | 
      
      
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        a vote of two-thirds of all the members elected to each house, as  | 
      
      
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        provided by Section 39, Article III, Texas Constitution.  If this  | 
      
      
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        Act does not receive the vote necessary for immediate effect, this  | 
      
      
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        Act takes effect September 1, 2011. | 
      
      
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        ______________________________ | 
        ______________________________ | 
      
      
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           President of the Senate | 
        Speaker of the House      | 
      
      
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               I certify that H.B. No. 3109 was passed by the House on May 5,  | 
      
      
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        2011, by the following vote:  Yeas 146, Nays 0, 1 present, not  | 
      
      
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        voting; that the House refused to concur in Senate amendments to  | 
      
      
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        H.B. No. 3109 on May 26, 2011, and requested the appointment of a  | 
      
      
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        conference committee to consider the differences between the two  | 
      
      
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        houses; and that the House adopted the conference committee report  | 
      
      
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        on H.B. No. 3109 on May 29, 2011, by the following vote:  Yeas 148,  | 
      
      
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        Nays 0, 1 present, not voting. | 
      
      
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        ______________________________ | 
      
      
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        Chief Clerk of the House    | 
      
      
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               I certify that H.B. No. 3109 was passed by the Senate, with  | 
      
      
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        amendments, on May 23, 2011, by the following vote:  Yeas 30, Nays  | 
      
      
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        0; at the request of the House, the Senate appointed a conference  | 
      
      
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        committee to consider the differences between the two houses; and  | 
      
      
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        that the Senate adopted the conference committee report on H.B. No.  | 
      
      
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        3109 on May 29, 2011, by the following vote:  Yeas 31, Nays 0. | 
      
      
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        ______________________________ | 
      
      
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        Secretary of the Senate    | 
      
      
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        APPROVED: __________________ | 
      
      
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                        Date        | 
      
      
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                 __________________ | 
      
      
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                      Governor        |