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A BILL TO BE ENTITLED
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AN ACT
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relating to fees charged by a groundwater conservation district; |
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authorizing an increase in the rate of a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.122, Water Code, is amended by |
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amending Subsection (e) and adding Subsections (e-1) and (e-2) to |
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read as follows: |
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(e) The district may impose an export fee or surcharge using |
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one of the following methods: |
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(1) a fee negotiated between the district and the |
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exporter; or |
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(2) for a tax-based district, a rate not to exceed 20 |
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cents [the equivalent of the district's tax rate per hundred |
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dollars of valuation] for each thousand gallons of water exported |
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from the district [or 2.5 cents per thousand gallons of water, if |
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the district assesses a tax rate of less than 2.5 cents per hundred |
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dollars of valuation]; or |
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(3) for a fee-based district, a rate not to exceed the |
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greater of 20 cents for each thousand gallons or a 50 percent |
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surcharge, in addition to the district's production fee, for water |
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exported from the district. |
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(e-1) Beginning on January 1, 2024, and annually thereafter, the |
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maximum rate of 20 cents for each one thousand gallons of water |
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exported that a district may impose under Subsections (e)(2) or |
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(e)(3) shall automatically increase at a rate of three percent per |
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year. |
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(e-2) A district that is governed by a special law in regard |
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to an export fee or surcharge on water exported from the district |
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may charge an export fee or surcharge in accordance with that |
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special law or in accordance with Subsections (e) and (e-1). |
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SECTION 2. Section 36.207, Water Code, is amended to read as |
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follows: |
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Sec. 36.207. USE OF FEES. A district may use funds obtained |
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from administrative, production, or export fees collected under a |
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special law governing the district or this chapter for any purpose |
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consistent with the district's approved management plan, |
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including, without limitation, making grants, loans, or |
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contractual payments to achieve, facilitate, expedite reductions |
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in groundwater pumping or the development or distribution of |
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alternative water supplies, or to maintain the operability of wells |
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significantly affected by groundwater development. |
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SECTION 3. This Act takes effect September 1, 2023. |