By: O'Day (Senate Sponsor - Jackson) H.B. No. 4114

(In the Senate - Received from the House May 14, 2007; May 15, 2007, read first time and referred to Committee on Natural Resources; May 18, 2007, reported favorably by the following vote: Yeas 11, Nays 0; May 18, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the powers and financing of the Brazoria County Groundwater Conservation District.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2, Chapter 772, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows:

Sec. 2. DEFINITIONS [DEFINITION]. In this Act:

(1) "District" [, "district"] means the Brazoria County Groundwater Conservation District.

(2) "Board" means the district's board of directors.

SECTION 2. Section 11, Chapter 772, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows:

Sec. 11. LIMITATIONS ON DISTRICT POWERS. (a) The district may not for any purpose:

(1) impose a tax of any type [property tax];

(2) exercise the power of eminent domain;

(3) acquire land;

(4) issue or sell bonds; or

(5) purchase, sell, transport, or distribute surface water or groundwater.

(b) For a new or existing water well on private property that serves only a single-family dwelling [is] used only for domestic [personal or agricultural] purposes [in Brazoria County, or to otherwise benefit the land on which the well is located], the district may not:

(1) [impose a tax of any type;

[(2)] assess or collect a fee of any type; or

(2) [(3)] require that a meter be placed on the well.

(c) For a new or existing water well used only for agriculture, as that term is defined by Section 36.001, Water Code, the district may not:

(1) assess or collect a fee of any type; or

(2) require that a meter be placed on the well.

SECTION 3. Section 12, Chapter 772, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows:

Sec. 12. FEES [FEE ON GROUNDWATER TRANSFERRED OUT OF DISTRICT]. Unless exempt under this Act or Chapter 36, Water Code, the board [The district] may establish by schedule and impose:

(1) a production fee under Section 36.205, Water Code;

(2) an [a reasonable] export fee for [on] groundwater transferred out of the district in an amount not to exceed 150 percent of the maximum wholesale water rate charged by the City of Houston; and

(3) other fees as authorized by Chapter 36, Water Code.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.

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