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Amend CSSB 3 (house committee printing) by adding the
following appropriately numbered SECTIONS to ARTICLE 2 of the bill
and renumbering subsequent SECTIONS of that article accordingly:
SECTION 2.____. Subchapter A, Chapter 46, Parks and
Wildlife Code, is amended by adding Section 46.0046 to read as
follows:
Sec. 46.0046. OPTIONAL FEE FOR BENEFIT OF TEXAS WATER
TRUST. (a) A person to whom a license or tag is issued under this
chapter may pay an optional fee for the benefit of the Texas Water
Trust established by Section 15.7031, Water Code, at the time the
person pays the fees required before the license or tag is issued.
(b) The minimum amount for the optional fee is $5. A person
may pay more than the minimum amount.
(c) The department shall adopt a form for the fee that
provides:
(1) spaces for a person to indicate the amount of the
optional fee the person desires to pay, with spaces for the amounts
of $5, $10, or "other amount"; and
(2) a short explanation of the purpose of the optional
fee.
(d) The optional fee shall be deposited in the general
revenue fund to the credit of the water bank account.
SECTION 2.____. Section 15.703(a), Water Code, is amended
to read as follows:
(a) The board may take all actions necessary to operate the
water bank and to facilitate the transfer of water rights from the
water bank for future beneficial use including but not limited to:
(1) negotiating a sale price and terms acceptable to
the depositor and purchaser;
(2) maintaining a registry of water bank deposits and
those water users in need of additional supplies;
(3) informing water users in need of additional supply
of water rights available in the bank;
(4) encouraging water right holders to implement water
conservation practices and deposit the right to use the conserved
water into the bank;
(5) establishing requirements for deposit of a water
right into the water bank including minimum terms for deposit;
(6) purchasing, holding, and transferring water or
water rights in its own name;
(7) establishing regional water banks;
(8) acting as a clearinghouse for water marketing
information including water availability, pricing of water
transactions, environmental considerations, and potential buyers
and sellers of water rights;
(9) preparing and publishing a manual on structuring
water transactions;
(10) accepting, acquiring, and holding donations of
water rights to meet instream, water quality, fish and wildlife
habitat, or bay and estuary inflow needs;
(11) entering into contracts with persons to pay for
feasibility studies or the preparation of plans and specifications
relating to water conservation efforts or to estimate the amount of
water that would be saved through conservation efforts; and
(12) other actions to facilitate water transactions.
SECTION 2.____. Section 15.707, Water Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) The water bank account is created as a special account
in the water assistance fund and is composed of:
(1) money appropriated to the board for the program;
(2) fees collected by the board under this subchapter;
(3) money transferred to the account from the water
assistance fund in Section 15.011(c) of this code;
(4) grants, contracts, gifts, or other such funds that
the board may receive relating to this subchapter;
(5) money received from the transfer of water or water
rights held in the board's name in the bank;
(6) optional fishing license and tag fees donated
under Section 46.0046, Parks and Wildlife Code; and
(7) [(6)] interest earned on the investment of money
in the account.
(c) The optional fishing license and tag fees donated to the
account may be used only to acquire water rights from willing
sellers to be held by the Texas Water Trust. In the event of a
conflict between this section and an appropriations act, this
section prevails.
(d) Section 403.095, Government Code, does not apply to the
water bank account.