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A BILL TO BE ENTITLED
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AN ACT
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relating to the export fee charged for the transfer of groundwater |
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from a groundwater conservation district. |
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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 Subsections (e) and (p) and adding Subsections (e-1), |
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(e-2), and (e-3) to read as follows: |
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(e) Except as provided by Subsection (e-1), the [The] |
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district may impose an export fee or surcharge using one of the |
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following methods: |
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(1) a fee negotiated between the district and the |
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exporter; |
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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) Effective January 1, 2024, the maximum allowable rate |
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a district may impose for an export fee or surcharge under |
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Subsection (e)(2) or (e)(3) increases by three percent each |
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calendar year. |
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(e-2) A district governed by a special law in regard to an |
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export fee or surcharge on water exported from the district may |
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charge an export fee or surcharge in accordance with that special |
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law or in accordance with Subsections (e) and (e-1). |
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(e-3) An export fee or surcharge imposed under Subsection |
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(e) or an increase in an imposed export fee or surcharge is not |
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valid unless it is approved by the board after a public hearing. |
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(p) Subsections [Subsection] (e), (e-1), and (e-2) do |
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[does] not apply to a district that is collecting an export fee or |
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surcharge on March 1, 2001. |
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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, or expedite |
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reductions in groundwater pumping or the development or |
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distribution of alternative water supplies or to maintain the |
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operability of wells significantly affected by groundwater |
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development to allow for the highest practicable level of |
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groundwater production while achieving the desired future |
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conditions established under Section 36.108. |
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SECTION 3. This Act takes effect September 1, 2023. |
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