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Amend SB 3 on third reading in ARTICLE 2 of the bill by adding
the following appropriately numbered SECTION and renumbering the
subsequent SECTIONS of that article accordingly:
SECTION 2.____. Subchapter C, Chapter 11, Water Code, is
amended by adding Section 11.098 to read as follows:
Sec. 11.098. USE OF WATER BY CERTAIN FACILITIES. (a) This
section applies only to a facility described by Section 26.551(7):
(1) for which:
(A) an application for a permit under Section
382.0518, Health and Safety Code, was received by the commission on
or before July 1, 2003; and
(B) a permit under Section 382.0518, Health and
Safety Code, was not issued before September 1, 2005; and
(2) that is located:
(A) over an aquifer designated as a sole source
aquifer under the federal Safe Drinking Water Act (42 U.S.C.
Section 300f et seq.); and
(B) in a priority groundwater management area
designated by the Texas Commission on Environmental Quality.
(b) An operator of a facility described by Subsection (a)
may not use appropriated surface water in connection with the
operation of the facility.