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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and financing of the Brazoria County |
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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 2, Chapter 772, Acts of the 78th |
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Legislature, Regular Session, 2003, is amended to read as follows: |
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Sec. 2. DEFINITIONS [DEFINITION]. In this Act: |
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(1) "District" [, "district"] means the Brazoria |
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County Groundwater Conservation District. |
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(2) "Board" means the district's board of directors. |
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SECTION 2. Section 11, Chapter 772, Acts of the 78th |
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Legislature, Regular Session, 2003, is amended to read as follows: |
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Sec. 11. LIMITATIONS ON DISTRICT POWERS. (a) The district |
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may not for any purpose: |
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(1) impose a tax of any type [property tax]; |
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(2) exercise the power of eminent domain; |
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(3) acquire land; |
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(4) issue or sell bonds; or |
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(5) purchase, sell, transport, or distribute surface |
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water or groundwater. |
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(b) For a new or existing water well on private property |
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that serves only a single-family dwelling [is] used only for |
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domestic [personal or agricultural] purposes [in Brazoria County,
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or to otherwise benefit the land on which the well is located], the |
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district may not: |
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(1) [impose a tax of any type;
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[(2)] assess or collect a fee of any type; or |
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(2) [(3)] require that a meter be placed on the well. |
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(c) For a new or existing water well used only for |
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agriculture, as that term is defined by Section 36.001, Water Code, |
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the district may not: |
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(1) assess or collect a fee of any type; or |
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(2) require that a meter be placed on the well. |
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SECTION 3. Section 12, Chapter 772, Acts of the 78th |
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Legislature, Regular Session, 2003, is amended to read as follows: |
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Sec. 12. FEES [FEE ON GROUNDWATER TRANSFERRED OUT OF
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DISTRICT]. Unless exempt under this Act or Chapter 36, Water Code, |
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the board [The district] may establish by schedule and impose: |
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(1) a production fee under Section 36.205, Water Code; |
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(2) an [a reasonable] export fee for [on] groundwater |
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transferred out of the district in an amount not to exceed 150 |
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percent of the maximum wholesale water rate charged by the City of |
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Houston; and |
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(3) other fees as authorized by Chapter 36, Water |
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Code. |
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SECTION 4. 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, 2007. |